The parties to this Agreement are: Roaming Innovation Ltd, a company registered in England, company number 08938471, whose registered office is at 12-14 Queens Terrace Southampton SO14 3BP, England and its affiliates (“ChilliSim”) who supply the Products and Services to the Customer.
In this Agreement, “we”, “us” and “our” shall refer to ChilliSim.
You are the person who orders and uses the Products and/or Services for private and personal use from the activation of your ChilliSim Card and the creation of an Account with us (the “Customer”). A Customer includes any person who we reasonably assume is acting with your authority. In this Agreement, “you” and “your” shall refer to you as our Customer.
1. These General Terms and Conditions and the Price List apply to all of the Products and Services offered by ChilliSim whether for a specified fee or incorporated into other Charges. The current valid and binding version of the Agreement at any given time shall apply unless terminated under the terms of this Agreement and shall be published by us on the Internet at www.ChilliSim.com
2. This version of the Agreement takes effect from 1ST OF JUNE 2014 and shall remain valid and active until amended or terminated in accordance with the relevant provisions of the Agreement.
4. By creating an Account and using our Pre-pay SIM Card to access the Services, you will be deemed to have accepted this Agreement and will be referred to as our Customer. Any SIM Card we provide to you is provided under license and remains our property. We may change your SIM Card or require you to return it at the end of this Agreement.
5. Only ChilliSim Pre-pay vouchers may be used to add credit to your account.
6. Our supply of services is subject to the following regulations:
•. For keeping your personal information confidential and processing it fairly – the Information Commissioner (www.ico.gov.uk);
•. For the provision of our communications services within the United Kingdom – the Office of Communications (Ofcom) (www.ofcom.org.uk);
•. For the supply of premium rate content and services – PhonePayPlus (www.phonepayplus.org.uk);
7. We can be contacted via email: support@ChilliSim.com
8. Definitions The definitions and interpretations set out in this clause shall apply in this agreement:
•. “Account”: means our records of any information which you have supplied to us. This includes your personal information; details of the amount of credit you have for our Services; and details of your use of the Services. An Account is created in the following ways:
◦. by activating the SIM card onto the ChilliSim Network
◦. by registering your ChilliSim SIM card on our website.
•. For avoidance of doubt your account will also record details of all call charges incurred by you and credit added by you.
•. “Administration Fee” means any charge which we may levy under this Agreement, in special circumstances for the cost of additional and/or non-standard services to you;
•. “Agreement” means these General Terms and Conditions and, where applicable, Price List, Charges and the Content Terms and Conditions; for supply of our services to you.
•. “AIT” or “Artificially Inflated Traffic” means where the flow of calls or messages to or from a particular telecommunications number or service is a result of direct or indirect activity by or on behalf of the operator of said number or service which causes a disproportionate flow of calls than we would otherwise expect from normal commercial practice and your usage of the Network in good faith.
•. “Calls” means calls made locally or whilst roaming on networks with which we have a roaming agreement for mobile service to all destinations;
•. “Charges” means all sums payable to us for the purchase of ChilliSim Products and Services which we make available to you, as described in the Price List, as updated from time to time. Copies of up to date price list is available from our website www.ChilliSim.com.
•. “Certificate” means a card on which is printed the service information relating to your subscription.
•. “Code of Practice” means the ChilliSim Code of Practice detailing our method of dealing with any complaints or disputes relating to our Products and Services, which can be found at www.ChilliSim.com
•. “Content” means the ChilliSim Code of Practice detailing our method of dealing with any complaints or disputes relating to our Products and Services, which can be found at www.ChilliSim.com
•. “Credit Card” and/or “ Debit Card” means a card issued by a bank in your name from which we are able to take payments under this Agreement directly or via our partners;
•. “Credits” means the monetary amount we credit to your account either by you buying a “Top-up Voucher” and registering it with us as described on the voucher or in the User Guide, or by contacting us and crediting your account with a debit card/credit card as described in the User Guide. Alternatively, it also applies to the credit you create from your purchase of a “Prepaid” card from an authorized agent;
•. “Customer Service” means the staff and employees of ChilliSim allocated and dedicated to respond and assist customers with any queries and complaints. We are contactable via telephone, email, or in writing from 00:00:00 to 23:59:59 hours Monday to Sunday including Bank holidays except Christmas day, New Year’s Eve and New Year’s day.
•. “Day” means a period from 00:00:00 to 23:59:59
•. “Equipment” or “Handset” or “Mobile Phone” means either any mobile phone, or other equipment, and a SIM card (where the context requires), which is approved for connection to the network which is used by us to give you access to the global GSM services;
•. “Global SIM card service,” “GSM services” or “GPRS service” means the ability to make calls, or send, or receive, data over the network using Prepaid, or post pay, credit and includes any other GSM services which we provide as part of our service.
•. “GPRS” is the General Packet Radio Service for the transmission and receipt of data.
•. “GSM Gateway” means a device for wireless telephony designed for, or adapted to be capable of use while connected to the Network or that of another Network operator and used solely for the purpose of sending and or receiving messages transported by means of the Network or the cellular telecommunications system of another network operator.
•. “Holder” means the case in which the SIM card and associated documents were delivered to you.
•. “Intellectual Property” or “IP” means any intellectual property rights anywhere in the ChilliSim whether registerable or not, including, without limitation, patents, trademarks, service marks, designs, copyrights and related rights, database rights, know-how, moral rights and domain names, as well as applications for registration of such rights and the right to apply for registrations, and all equivalent or similar forms of protection notwithstanding the manner in which they arise or in which media.
•. “International roaming” or “Roaming” means the service supplied to you by our reasonable efforts to enable you to obtain access to our roaming partner networks when you travel to other countries. This includes the ability to make or receive national and international voice calls, access data services and to send or receive SMS.
•. “Mobile Phone” or “Handset” means a mobile device capable of being connected to our Service via the Network for Services when used in combination with a ChilliSim SIM Card.
•. “Month” means a calendar month from the date of any event under this Agreement.
•. “MRC” means “Monthly Recurring Charge.”
•. “Network” means the cellular telecommunication system supporting our Services.
•. “PIN” means the Personal Identity Number. This number is used to provide extra security for SIM Card.
•. “Pre-Pay” means ChilliSim’s range of consumer services available to you by adding credit to your Account and charged solely through usage.
•. “Premium Rate” means those Services offered by or via ChilliSim’s network which are charged at rates in excess of the standard rate for voice calls or message services. Prices for Premium Rate voice and SMS services are as advertised by the Content provider;
•. “Product” means any Mobile Phone or Handset or SIM Card supplied to you by us. Please note any SIM Card is provided to you under licence and it remains our property. We may change your SIM Card or require you to return it at the end of this Agreement.
•. “Price List” means the list of prices and Charges and any applicable conditions relating to the prices and Charges for the provision of the Service to customers which may be periodically updated by us for our pre-pay services.
•. “Price Plan” means any applicable conditions relating to the prices and Charges for the provision of your Services.
•. “Register” and “Registration” means our acceptance of your application to register your personal details with us for the Service once you purchase call time from us.
•. “Rights” means copyright, trademark and other relevant proprietary and intellectual property rights relating to Content.
•. “Services” – ” means any of the telecommunication services available for use by you via our SIM card, once you have activated the SIM Card, including airtime minutes, enabling you to make or receive domestic and international calls and to send and receive SMS, MMS and data by means of the Network, the ability to send and receive email via the Internet, the ability to access information from the Internet, as well as any other services we agree to provide to you including voicemail and International Roaming;
•. “SIM Card” the card or other device provided to you bearing a unique mobile telephone number programmed to allow a Mobile Phone to access the Service.
•. “Top Up” means adding call credit to your ChilliSim Account, through a Pre-Pay Voucher, Electronic Top Up Service, Credit card, Debit Card, or other means.
•. “User Guide(s)” means any guides or documentation supplied with your Mobile Phone/SIM Card either by us or by the manufacturer of your Mobile Phone that explain to you how the Service works, how to purchase call time and/or how to use your Mobile Phone.
•. “Using the Service” means the use of the Services via the ChilliSim SIM Card after your Account is first activated or from when the ChilliSim Mobile Phone and/or SIM Card is received by you, if later.
•. “Voicemail Service” means voice message service and includes, where the context requires or admits, any service or facility comprised in such service.
•. “Voucher” means a call time voucher of a specific cash amount and having a given value as specified in the ChilliSim Pre-Pay Price List when applied to Services on the ChilliSim network.
•. “ChilliSim’s office” means the registered office address as provided on the Contact Us page of our website www.ChilliSim.com
9. The headings in this Agreement do not affect its interpretation. A “person” can refer to an individual, a body corporate, association or partnership and includes a reference to that person’s legal personal representatives and/or successors to whom this Agreement is lawfully assigned. Unless the context otherwise requires, a clause is a reference to a clause of the Agreement. In the event of a conflict between any documents of the Agreement, the following descending order of precedence shall apply: – the General Terms and Conditions/ Pay Monthly/Content Terms and Conditions; any order form or welcome letter; the Price List, the Price Plan, any other advertising materials.
Product and Services
10. This agreement between you and us begins at the time that you activate and /or register your ChilliSim SIM card on our website.
11. We provide the Services using a combination of ChilliSim’s infrastructure and the Network of our partners in the United Kingdom and abroad. You acknowledge that Services provided under the Agreement are subject to arrangements that are in the control of other networks and their operators, including the Network, that are outside of the control of ChilliSim.
12. The use of your SIM card and associated mobile number and account whilst roaming is possible on Networks of operators with which we have a roaming agreement for GSM and/or GPRS services.
13. The following Calls you cannot normally make from your SIM card:
(a) Operator assisted calls 100;
(b) All Charge card calls, (144 numbers);
(c) Reverse charge calls,
(d) Certain premium number calls
(e) Calls to emergency numbers
14. The SIM card service is a radio based GSM service and there are natural limitations to quality and coverage. Whilst every effort is made to minimize these limitations and to ensure that the GSM services are available to you at all times, we are not liable for any failure, delay, interruption, suspension, or restriction of the GSM services or for a call being cut off for any reason whatsoever. You will only be able to make and receive calls when you are in an area covered by the relevant network signal and that you have sufficient call credit available to make a call.
15. Your pre-payments for Top Ups are not repayable by us, nor is any interest payable on any credit you may have with us. Every time a chargeable Service is used by you, the value you have added to the Account via Top Ups is reduced with reference to the relevant Charges and Price Lists. Please note that uses of Internet or electronic Top Ups are not guaranteed as secure by us so be careful when using it. For the avoidance of doubt any physical Voucher shall expire by the date stated on the Voucher.
16. ChilliSim neither represents nor warrants that the Products themselves nor the operation of the Services (or related products or services, including those of third parties) will be uninterrupted, timely, secure or error-free or that it will meet your specific requirements, even if those requirements have been notified to ChilliSim in advance.
17. The quality and availability of the Services or Products are subject to certain limitations and circumstances beyond our reasonable control including, but not limited to, physical, geographic and atmospheric conditions and the functional capability of services and products as supplied to ChilliSim.
18. The availability and maintenance of the Network varies depending on location. The quality and coverage of the Services depends in whole or in part on your Mobile Phone, the Products, the Network, and the other telecommunications networks or Services to which you are connected to via the Network. The Services might be adversely affected if too many people try to use the Network at the same time; by physical features (such as buildings etc.); and by atmospheric conditions or other causes of interference. In particular, ChilliSim does not warrant that calls will not be dropped; GPRS connections will not be lost; that the transmission of data calls will occur at any particular speed or time; that all traffic (including certain bandwidth capacities) can or will be transmitted by the Network; or that there will be absolute protection of its Network against unauthorized access or interception.
19. Subject to this Agreement, ChilliSim shall exercise such reasonable skill and care in the provision of the Products and/or Services as may be expected of a reasonable mobile communications provider, and ChilliSim further warrants that the Products will be of satisfactory quality, will conform in all material respects with their description, and will be free from material defects in design, materials and workmanship.
20. We may modify or suspend the Services, wholly or partially, without notice where such modification or suspension is deemed necessary by us (e.g. for maintenance, upgrading, security, emergency or other valid reasons) or by an authorized authority. All reasonable efforts shall be made to minimise such Service disruptions, however, some interruption may be inevitable. We will notify you where and as soon as it is practicable to do so.
21. We may, from time to time and without notice, change the Services and Products in order to comply with applicable safety, regulatory or statutory requirements, provided that such changes do not materially affect the nature or scope of the Services and Products or the Charges.
22. For our International Roaming services, the roaming partner networks on which we rely to support the service while you are abroad may be limited in quality and coverage which we have no direct control over. Access to these partner networks will depend upon the arrangements and or agreements between the Network and the foreign operators. We therefore cannot guarantee 100% access to International Roaming or other Services while abroad. The use of services outside the UK, may be subject to laws and regulations of the country you are roaming in. ChilliSim is not liable for your failure to comply with those laws and regulations. You may also be charged for receiving calls on weekends and where you are roaming outside the Free incoming zones. Data charges are likely to be higher, and you are advised to consider temporarily turning off any functionality that may be using data services while roaming. ChilliSim will not be responsible for any data charges incurred whilst roaming for failure to turn off any functionality that may be using data services that is not required for use by you.
23. Without prejudice to any other provisions of the Agreement, we reserve the right to:
a) issue such reasonable instructions concerning the use of the Services as may be necessary in the interests of safety, quality of Services, other customers or telecommunications services as a whole, or for any other reason we deem sufficient; and/or
b) block certain numbers from the Services, International Roaming; and/or disconnect the Services and Products on a temporary or permanent basis where there are reasonable grounds to suspect fraudulent, AIT or GSM Gateway activity, or where we would suffer direct loss as a result of any use of the Services.
24. Use of Products and Services is limited to fair and reasonable use as may be defined by us from time to time. Our Services and Charges assume fair and reasonable use of the Service by you. In the event of the usage being in excess of the terms of the Agreement, we reserve the right to review the Charges applied to your Account or to suspend or terminate the Services offered to you.
25. Certain types of calls are not offered as part of the Services. Please refer to our website www.ChilliSim.com for details. Special rate services (such as non-geographic numbers in the UK starting 08 to which non-standard prices apply) are not available unless requested through Customer Services.
26. We reserve the right where deemed necessary by us to alter the mobile telephone number designated to your ChilliSim SIM Card, or any other name, code or number associated with the Services, subject to reasonable notice to you in the circumstances.
27. All incoming voice calls which are not answered or which are received when the Product or Services are busy, switched off or out of coverage will be automatically diverted to the voicemail Services where you have activated them. This functionality cannot be altered. In the interest of other users, we limit the number and duration of the messages that can be left on your voicemail service. Please note that the confidentiality of messages cannot be guaranteed and you should take reasonable steps to secure or delete your messages. You must not record any abusive, obscene or hoax messages likely to cause offence to other people, including any ChilliSim employees, nor may you allow others to do so.
28. We display or disclose the Customer’s telephone number where we are obliged to do so by law.
For SMS services, a standard text message is 160 characters long. Some Handsets permit you to send a SMS that is longer than the standard size. Where this is the case, the message will be divided up by us into the required number of texts required to convey your full SMS message. Each one of these SMS will be charged at the standard rate. Receiving international and UK standard SMS whilst in the UK is free. Premium Rate Services, SMS sent and received whilst abroad, reverse charged SMS, text messages sent to a non-UK based phone, and/or long text messages, are not included in the standard rates and therefore additional Charges may apply. The cost for sending a text message is deducted from your Account shortly after it is sent. Delivery of any given SMS cannot always be guaranteed.
30. Charges for our services are calculated and billable in either USD, EURO or GBP depending on the Product selected. Alternative currencies may be offered.
31. If the SIM card is damaged (through no fault of ChilliSim), you will be required to pay for any replacement, exchange or repair of such SIM Card. If you require a replacement SIM Card you must notify us using the 1515 customer service number or by dialing +44 (0) 2380 337616. You may also log in online and submit an enquiry form to our Customer Service Team. Alternatively, you may write to the ChilliSim office – quoting your name, address, contact telephone number, mobile number, PUK code (as printed on your SIM Card Holder & Certificate), day of activation of ChilliSim SIM card service and/or proof of purchase, and any other relevant information that may be required by ChilliSim. A SIM card replacement will cost and postage and any sales tax or VAT will be charged and must be paid for in advance.
32. To prevent unauthorized use of your mobile phone, your SIM card will become blocked if an incorrect PIN code is entered 3 times. If the SIM card is blocked, you will be unable to use your phone in any way. In order to unblock the SIM card in the phone, you must enter your PUK code (Personal Unblocking Key). This PUK code is printed on your ChilliSim SIM Card Holder & Certificate.
33. In the event you have blocked your phone and you have lost your SIM Card Certificate, you must notify us using the 1515 customer service number.
34. You may also log in online and submit an enquiry form to our Customer Service Team. Alternatively, you may write to the ChilliSim office – quoting your name, address, contact telephone number, global SIM card mobile telephone number, place and date of purchase of the SIM pack, date of activation of GSM service and date of last Top-up (and any other relevant information that may be required).
35. For our Pre-Pay Service to you, you shall pay for such Services by purchasing Top ups as described in the User Guide(s) or by any other method approved by us from time to time.
36. You shall give ChilliSim your correct and current personal details, including your name and current address. You shall also notify ChilliSim of any changes to your personal details without delay via our website, our Customer Services number, or by post.
37. You shall treat as confidential, and store in a safe place, all of your security information including your PIN or PUK codes and any other codes and passwords used to access the Services or to communicate with us. You shall not give access to your security information to anyone else. ChilliSim shall not be liable for any loss arising from your failure to keep such information secure.
38. You are responsible for the acts and omissions of any and all persons using the Services and Products through your ChilliSim SIM Card. Without prejudice to any provision of the Agreement, you as our Customer agree that you:
i. are wholly responsible for the content of the use of the Service, and we are not responsible or liable for any call content, message or other communication sent or received by you or any other person using your Account, SIM Card or Handset (including content which contains a virus or other harmful or unlawful material);
ii. will not reverse the charges on any telephone call or accept a reverse charged call. This applies even where you loan/give your Mobile Phone with the ChilliSim SIM Card to someone else;
iii. have no representation or warranty from us as to the quality, accuracy, correctness, completeness or suitability of any call content;
iv. will not attempt to, actually gain, permit or actively or inactively allow any third party to attempt to gain unauthorized access to the Services and/or Network;
v. rely on, or use, any and all content at your sole risk;
vi. will not use or permit the use of the Services or the Products for any improper, indecent, immoral, obscene, unlawful, harassing, harmful, unauthorized, defamatory, offensive and/or fraudulent purpose, or to cause any injury, offence or annoyance to any person or to send unsolicited commercial messages to any person;
vii. will not use or permit any use of the Services or Products, so as to cause the operation of the Network or the quality of Services to be jeopardised, impaired or interrupted or to interfere with the integrity or security of any telecommunications or IT network or system, nor to misuse and/or abuse the Services and/or the Network;
viii. will comply with the Agreement and any User Guide(s) governing your use of the Products and/or Services, and will remain solely responsible for the manner in which these are used;
ix. will comply with the terms of any legislation or any license applicable to you as the Customer or us, including all relevant codes of practice as may be issued from time to time by the Government, a regulator or other competent authority;
x. will not incite, encourage or induce members of the public to make calls to a particular number simultaneously.
39. You will not exploit the Services commercially or to the detriment of ChilliSim. Enterprises affiliated with a Customer are considered third parties within the meaning of this clause. For the avoidance of any doubt this includes use of the Products and/or Services for the purposes of fraud, AIT or the operation of a GSM Gateway.
40. You will co-operate with all reasonable requests made by us relating to the provision of the Services to you.
41. Number Portability/Transfer of a ChilliSim number to another network provider ChilliSim offers a specialised international roaming service that works on a call back system using special numbers. These numbers are not part of the mobile number portability scheme. Due to this reason, mobile numbers cannot be ported to or from ChilliSim from another network provider and we are unable to provide you with a PAC code.
44. The current and binding Charges including Price Lists and Price Plans for Products and Services are published on our website at www.ChilliSim.com. Charges may be amended by ChilliSim from time to time without any notice.
45. Call Services and the related Charges are quoted and charged by the minute. Therefore the minimum call charge shall be for one minute at prevailing rates.
46. If you continue to use the Services after an amendment to the Charges comes into effect, this shall be deemed to be your acceptance of the new Charges.
47. Billing THIS SECTION CONTAINS KEY INFORMATION – PLEASE READ THIS VERY CAREFULLY Customer Care is very important to us which is why we would like to ensure that as a valued customer of ChilliSim you are made fully aware of how to get the very best from your ChilliSim service. It is highly important that you register your SIM with us online. ChilliSim can only provide you with Customer Service and Technical support if your SIM is registered. Once your SIM is registered, by visiting ‘My Account’ online, you will be able to access your account and billing information, top up online or set up an auto top up so that you never run out of credit whilst travelling. Please be advised that if your balance falls below 1.00 then your SIM is likely to stop working until you top up/recharge your SIM.
48. Where your ChilliSim SIM Card contains an initial credit and/or promotional credit, this will only be credited to your Account in accordance with the terms and conditions applicable to that offer.
Intellectual Property Rights
51. Any and all names, trademarks, copyright, brands and logos of ChilliSim belong or are licensed to us as Intellectual Property (“IP”) and shall remain with us at all times, along with any related title and goodwill attached to them. You may not copy, reproduce or amend any of the ChilliSim’s names, trademark, pictures, brands and logos, without prior written consent of ChilliSim or copy any of ChilliSim’s manuals or documentation.
52. ChilliSim permits you as a Customer a revocable, non-transferable and non-exclusive right to use the IP related to the Products and Services provided by ChilliSim strictly for the proper use of the Services or Products, in accordance with, and for the duration of, the Agreement. ChilliSim retain all the rights to all such IP. If you infringe the IP rights of ChilliSim which cause financial, reputational or any other damage or harm or results in the company being is held liable for infringement of any third parties IP, you shall hold harmless and indemnify ChilliSim in full against any such claims.
Exclusions, Liabilities and Remedy
53. Except as otherwise provided in this Agreement all conditions, warranties or other terms (whether express or implied by operation of law or otherwise) are hereby excluded to the extent permitted by law. You also recognize that the Service may, from time to time, be adversely affected by events outside our control, including, without limitation, congestion, network coverage, dropped connections, the performance of wireless enabled devices and the maintenance of a secure network connection.
54. We are not liable for any loss of use, profits or data or any indirect, special or consequential damages or losses, whether such losses or damages arise in contract, negligence or tort, including without limitation to any losses in relation to:
i. the deletion, with or without notice or cause, of any of your data or information stored on the Products and/or Services;
ii. your use of, reliance upon or inability to use, our Products, Services and/or Content;
iii. any loss of your data or material resulting from delays, non-deliveries, missed deliveries, service interruptions or failure, suspension or withdrawal of all or part of the Products and/or Services at any time; or
iv. the removal from the Products and/or Services of any material sent or posted by you on or via the Services and/or the blocking or suspension of your access to the Services or any part thereof in accordance with the Agreement.
55. ChilliSim’s liability to you under this agreement shall in no circumstances exceed £150.
56. Nothing in these terms shall act to exclude or limit our liability for death or personal injury, fraud or any other liability which may not by applicable law be excluded or limited. Nothing in these terms affects the statutory rights of you as a consumer (if applicable).
57. If you are not fully satisfied with any part of the Services, Products and/or this Agreement after it is amended, your sole and exclusive remedy is to discontinue Using the Services, or where you have paid us for any element of the Services and/or Products, to seek a pro-rata refund as outlined in the Agreement for the cost of that element which has caused dissatisfaction. You are not entitled to a refund where we have suspended or terminated your access to the Services or Products as a result of breach of the Agreement by you.
Term and Termination
58. If you do not use the SIM card to make at least one chargeable call within a period of 12 months this agreement may terminate automatically and shall be deemed to be terminated by you. Any airtime purchased and not used within 12 months will expire after 12 months.
59. For Pre-Pay Services, you are entitled to terminate this Agreement at any time by informing ChilliSim’s Customer Services in writing.
60. In the event of termination of the agreement between you and us, your right to use any ChilliSim SIM card and any number associated with it also terminates. For avoidance of doubt the ChilliSim SIM card and the ChilliSim number always remains the property of ChilliSim.
61. ChilliSim shall be entitled to terminate this agreement immediately if:
i. You use the SIM Card for illegal, immoral, fraudulent or improper use; or
ii. any of the information You have provided to us is found to be false.
62. We shall be entitled to terminate the Services by giving You not less than 14 days notice, for reasons including but not limited to any breach of your obligations under this agreement (which if capable of remedy are not remedied within 7 days of ChilliSim informing you of the breach); or by us being unable to provide the Services.
63. If we terminate this agreement, no payment will be made in respect of any unused call credit available on the date of termination.
64. On termination, we shall disconnect your ChilliSim card. We reserve the right to refuse any request for information where we are unable to verify that the caller is the subscriber of the account.
65. We reserve the right to change any and all terms and conditions of the Agreement at any time without notice. Where such changes are in favour of you as a Customer. Where changes are not in favour of you as a Customer (This does not apply to tariff changes or price plan changes) we will provide 30 day notice on our website www.ChilliSIM.com. You may wish to terminate the agreement prior to commencement of the changes, however your continued use of our service after the changes are in force will be deemed that you have accepted the changes. The current terms and conditions are always available on our website www.ChilliSim.com.
66. Furthermore, we also reserve the right to make incidental changes to this Agreement where required to do so to comply with legal, regulatory or tax changes, for circumstances otherwise outside of ChilliSim’s control, or for minor changes incidental to the operation of the Agreement. Such changes can be made by us immediately and without any notice other than by publication on our website.
67. This Agreement and the supply of the Products and Services is governed by the laws of England and Wales, and the English courts have exclusive jurisdiction in respect of any dispute arising out of the Agreement, unless we require a court order or injunction against you in another jurisdiction.
68. We are entitled to transfer this Agreement to another Group Company, Joint Venture Partner or any other person capable of providing equivalent Services to you at any time without notice to you.
69. You may not transfer the rights and obligations arising out of this agreement to any third parties without our prior written consent. In case of Pre-pay Services the third party to whom you transfer the rights and obligations under this agreement will need to be registered on our website and will be deemed to have accepted our terms and conditions in force at the time of assignment and any subsequent changes.
Third Party Rights
70. No term of this Agreement is enforceable by any third party who is not a party to this Agreement under the Contracts (Rights of Third Parties) Act 1999.
Returns and Replacements
71. Under the Distance Selling Regulations, you may cancel the Agreement and return the Handset or SIM Card, in its unopened packaging, within 14 days of receipt. Please see clause 72 for further details
72. Where you are returning a product within 14 days on the basis of it malfunctioning or having a defect, ChilliSim reserves the right to reject returns if any content is missing, the product is damaged, marked or is considered to be in poor condition. ChilliSim accepts no responsibility for customer details, contacts or content remaining on the product.
74. You may cancel this Agreement within 14 days of receipt of your Products. You must return your unused ChilliSim Pre-Pay SIM Card or any other Products within 14 days. Please note the SIM Card must still be attached to the original SIM Card holder. If we do not receive the Products by the required date, if they have been used, broken or if the Products returned are incomplete, then we reserve the right not to offer a refund.
75. You are responsible for both the SIM Card and any other Products until they are received by us and subject to satisfactory inspection by us.
76. Any and all returns of ChilliSim Products should be addressed and sent at your own expense to us. Please contact Customer Service for the address to which your returns should be sent. Please note that proof of sending does not mean proof of receipt by us and you may wish to send such items by recorded delivery for confirmation of receipt by us.
77. Refunds (where applicable) will be credited to the Credit Card or UK Debit Card used for the original purchase after receipt of the returned Products.
78. Where applicable, refunds for any Products are made by cheque to your-self or credited to the Debit or Credit Card originally used for the original purchase after receipt of the returned equipment and satisfactory inspection by us. Please allow up to 30 days for the processing of any such refund.
79. This policy operates in addition to any other statutory rights you may have as a consumer.
80. No failure or delay by either party in exercising any right, power or privilege under this Agreement shall operate as a waiver of such right, power or privilege unless it is agreed in writing and signed by both parties.
Should any provision or provisions of the Agreement be found to be or become invalid, illegal or unenforceable this shall not affect or impair the validity, legality or enforceability of any other provision of the Agreement provided that this does not materially prejudice ChilliSim’s respective rights and obligations under the Agreement.