1.1 Welcome to Telecoms Supermarket UK websitewww.telecomssupermarket.co.uk("Website") and/or mobile application ("Mobile Application"), collectively referred to in these Usage Terms as the ("Applications").
1.2 The Applications are operated and maintained by Telecoms Supermarket UK ("Telecoms Supermarket", "we", "us" or "our").
1.3 The term "you" or "yours" refers to the user or viewer of our Application.
1.5 By accessing or using the Applications you agree to comply by these Usage Terms and the policies outlined in these Usage Terms. If you disagree with any part of these Usage Terms or policies please do not use our Applications.
1.6 Telecoms Supermarket is not a licensed Telecoms Service Provider. Telecoms SupermarketUK provides a system for customers to be able to communicate with a database of Telecom Companies online, the telecom companies will bid for your requirements and provide quotes based on the information you provide. You will be able to accept quotes and make bookings and payments directly to your chosen telecom provider. However, once you accept the quote, you shall enter into a direct contract with the Telecoms Company for the requested requirements for the term.
2. USE OF THE APPLICATIONS
2.1 Telecoms Supermarket UK grants you a non-exclusive, non-transferable, limited right and license to install and use the Mobile Application.
2.2 You are authorized to access and use the Applications solely and exclusively for personal use only.
2.3 You are required to register by creating an account with Telecoms Supermarket before you can use the Applications. You may access the Application and register your details without making a query.
2.4 You will not use the Applications for any unlawful purpose; in any way that interrupts, damages, impairs or renders the Applications less efficient; to transfer files that contain viruses, trojans or other harmful programs; to access or attempt to access the accounts of other users or to penetrate or attempt to penetrate any security measures; to disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise; to advertise or promote third party or your own products or services.
3. THE QUOTATION PROCESS
3.1 By using the Application you agree that:
3.1.1 All information and details provided by you to us (including on registration) are true, accurate, and up-to-date in all respects and at all times;
3.1.2 You are legally capable of entering into binding contracts;
3.1.3 You are at least 18 years old.
3.2 You are required to enter the basic parameters of your Telecom requirements, which we will forward to Telecom Companies that we work with ("Telecom service Providers").
3.3 Once you accept a quote from a Telecom company we will exchange your details with the Telecom company who may call you to confirm you requirements.
3.4 If during the quote process you wish not to proceed with any quote, you should close the Website or the Mobile Application before confirming. 3.5 Once you have accepted and confirmed a quote from a Telecom company we will send you an email to the details you provided upon registration and the telecom company will be considered "contracted" (a "Contract").
3.6 Upon completing a quote you will be also be subject to the terms and conditions of the selected Telecoms Company.
3.7 If you have problems with the quote please contact the Telecoms company directly.
4.1The price provided to you at the time of making a query shall be based upon your requirements or services requested for Postcode or new services as input by you by using the Website/Application.
4.2.1 A request for specific make/model of telephone system or contract term of the contract;
4.2.2 In the event that you require a face to face appointment for respective chosen company to come out and see you before you make a decision, please specify at the time of Query;
4.3 You acknowledge that quotes will come from various telecom service providers (Local/National).
4.4 Telecoms Supermarket has no input or control over the prices quoted by Telecom companies.
5.1 You enter into direct contract with the service provider you chose hence you could pay for your ongoing telecoms billsas per your contract terms of service provider.
5.2 If you elect to pay in cheque, you agree to pay any Non-DD payment charges.
6. TELECOMS SUPERMARKET PROMISE
6.1We work hard to get all the best telecom companies to you for quotes. 6.2 All Telecom companies will be UK registered companies and most of themwill be OFCOM registered as well. In case of any feedback regarding any company, please email on email@example.com
7. CANCELLATION POLICY
7.1 By using the Application to makeonline quotes you agree to the Cancellation Policy set out in this clause 7.
7.2 Quotes must be cancelled immediately by logging out of system if you don’t want to go ahead with any telecoms company.
7.3 You can cancel after choosing the telecoms company as well (Before signing a contract) in case of any difference in quotes different from your requirements.
7.4 Any such cancellation should be fed back to Telecoms Supermarket immediately or on the feedback form which you will get afterwards.
8. INTELLECTUAL PROPERTY
8.1 You acknowledge that Telecoms Supermarket and/or third parties own all right, title and interest in and to the Applications including all intellectual property rights therein and thereto.
8.2 Your use of the Applications grants you no rights in relation to our intellectual property rights (including, without limitation, copyright, trademarks, logos, graphics, photographs, animations, videos and text or rights in and to our software, applications and website) or the intellectual property of our retail or advertising partners, other than the non-transferable, personal right to use the Applications in accordance with these Usage Terms.
8.3 You may print a copy of any screens or confirmation emails on the Applications for your own personal use. You must not use any material for commercial purpose without written consent from Telecoms Supermarket.
9. LINKS TO AND FROM OTHER WEBSITES
10.1 We make a best effort to guarantee that information contained on the Quotes is accurate correct but cannot guarantee that it is so. Telecom companies ultimately give the information and if you are in doubt you should confirm directly with the relevant Telecoms Company prior to contract.
10.2 Telecoms Supermarket UK may make changes to the material on its Applications, or to the services and prices described in it, at any time without notice.
10.3 The materials on the Applications may be out of date, and Telecoms SupermarketUK makes no commitment to update that material. In particular, we do not promise that the information provided by the Telecom companies and displayed on the Quote is correct or up to date.
10.4 Telecoms SupermarketUK provides you with access to its Online quote system and its services on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions and other terms (including any conditions implied by law which but for these Usage Terms might apply in relation to the Applications and the services that we provide).
10.5 You are responsible for the security of your password that you used to register with Telecoms Supermarket UK. Unless Telecoms Supermarket negligently discloses your password to a third party, Telecoms Supermarket will not be liable for any unauthorized transaction entered into using your name and password.
11. TELECOMS SUPERMARKET UK SUPPORT
11.1 The role of our customer service (B2B) is to assist you with your request but we cannot guarantee the requests will be satisfied.
11.2 We encourage our users to review Telecom companies and to share their feedback with other users of the Applications.
12. SERVICE ACCESS
12.1 While Telecom companies try to ensure the Online Quote system is normally available twenty four (24) hours a day, we will not be liable if the Applications are unavailable at any time or for any period.
12.2 Access to the online quote system may be suspended temporarily and without notice.
12.3 Unfortunately, the transmission of information via the Internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted via the Requirements; any transmission is at your own risk.
13. VISITOR MATERIAL
13.2 You are prohibited from posting, uploading or transmitting to or from the Applications any material that:
13.2.1 Breaches any applicable local, national or international law;
13.2.2 Is unlawful or fraudulent;
13.2.3 Amounts to unauthorized advertising; or
13.2.4 Contains viruses or any other harmful programs.
13.3 Any comments or feedback that you submit through the Applications must not:
13.3.1 Contain any defamatory, obscene or offensive material;
13.3.2 Promote violence or discrimination;
13.3.3 Infringe the intellectual property rights of another person;
13.3.4 Breach any legal duty owed to a third party (such as a duty of confidence);
13.3.5 Promote illegal activity or invade another’s privacy;
13.3.6 Give the impression that they originate from us; or
13.3.7 Be used to impersonate another person or to misrepresent your affiliation with another person.
13.4 Any rating of a Telecom company that is left by you and is deemed to be malicious or fictitious by Telecoms SupermarketUK may be deleted and you may have your account suspended.
13.5 The prohibited acts listed in clauses 13.2 to 13.4 above are non-exhaustive.
13.6 You will indemnify Telecoms SupermarketUK for all costs and damages that it incurs as a result of you breaching any of these restrictions.
13.7 Telecoms SupermarketUK will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any material in breach of clauses 13.2 to 13.4
14. YOUR OBLIGATIONS
14.1 You agree that:
14.1.1 You will refrain from doing anything, which we reasonably believe to be disreputable or capable of damaging our reputation.
14.1.2 You acknowledge that we have limited control over the nature and content of information transmitted or received by you or other users of Telecoms Supermarket UK. Although we reserve the right to do so, we do not monitor such content in the usual course of business and will not be liable for any such content. If you have a complaint about another user/telecom company please contact us on firstname.lastname@example.org
14.1.3 You will make payment in full to any Telecoms company introduced to you through Telecoms SupermarketUK for any telecoms services provided by such company to you.
14.1.4 You will compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Usage Terms.
15.1 Telecoms SupermarketUK may terminate or suspend (at our absolute discretion) your right to use the Applications and your use of the services immediately by notifying you in writing (including by email) if: 15.1.1 We believe you have posted material in breach of clause
15.1.2 If you breach any other terms of these Usage Terms.
15.2 Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Applications.
16.1 Telecoms SupermarketUK and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, or loss or damages arising from or connected in any way to business interruption, loss of opportunity, loss of anticipated savings, wasted management or office time and whether in tort (including negligence), contract or otherwise, even if foreseeable) in connection with our services, the Online quote or in connection with the use, inability to use or the results of use of the Online quote, any websites linked to the Online quote or the material on the Online quote.
16.2 Telecoms SupermarketUK customer care team will, subject to your complaint regarding the telecom company in case of no service for whatsoever reasons with these Usage Terms, However, please note that the legal contract for the supply and purchase of Telecom services is between you and the Telecom company that you place your order with. Telecoms SupermarketUK cannot give any undertaking that the services provided through the Applications will be of satisfactory quality and Telecoms Supermarket UK disclaims any such warranties. These disclaimers do not affect your statutory rights against the Telecom Company.
16.3 Nothing in these Usage Terms excludes or limits our liability for death or personal injury arising from Telecoms Supermarket UK’s negligence, nor Telecoms Supermarket UK’s liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. Nothing in these Usage Terms affects your statutory rights.
16.4 With the exception of any liability referred to in clause 16.3 above, Telecoms Supermarket UK’s total liability to you in relation to your use of the Applications and the services that we provide including (but not limited) to liability for breach of these Usage Terms and tort (including but not limited to negligence) is limited to an amount equivalent to twice the value of your order or £500, whichever is the lower.
16.5 If your use of material on the Applications results in the need for servicing, repair or correction of equipment, software or data, you assume all associated costs.
16.6 Telecoms SupermarketUK does not accept any liability or responsibility for the actions of any Telecom company.
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless Telecoms Supermarket UK, its affiliates and their respective directors, officers, employees and agents from any against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or accruing from your use of the Applications, which may include your downloading, installation or use of the Application or your violation of these Usage Terms.
18. GOVERNING LAW AND JURISDICTION
These Usage Terms shall be governed by and construed in accordance with English law. Disputes arising in connection with these Usage Terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the English courts.
19. ADDITIONAL TERMS
19.2 If any provision or part of a provision of these Usage Terms is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provisions or part provisions will be struck out of these Usage Terms and the remainder of these Usage Terms will apply as if the offending provision or part provision had never been agreed.
19.3 Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Usage Terms will not be interpreted as a waiver of your or our rights or remedies.
19.4 You may not transfer any of your rights or obligations under these Usage Terms without our prior written consent. We may transfer any of our rights or obligations under these Usage Terms without your prior written consent to any business that we enter into a joint venture with, purchase or are sold to.
19.5 The headings in these Usage Terms are included for convenience only and shall not affect their interpretation.
20. WRITTEN COMMUNICATIONS
20.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using the Applications or ordering services via the Applications, you accept that communication with us will be mainly electronic.
20.2 We will contact you by email or provide you with information by posting notices on our website.
20.3 For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
21. EVENTS OUTSIDE OUR CONTROL
21.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control ("Force Majeure Event").
21.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
21.2.01 Strikes, lockouts or other industrial action;
21.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
21.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
21.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
21.2.5 Impossibility of the use of public or private telecommunications networks; and
21.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
21.3 Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.