PhoneKick – Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

Our Site is operated by PhoneKick Ltd of 29 Devizes Road, Swindon, SN1 4BG (We). We are a private limited company registered in England and Wales under company number 10253200.

These terms of use (together with the documents referred to in it) tell you the terms of use on which you may make use of our website www.phonekick.com (our Site), whether as a guest or a registered user. Use of our Site includes accessing, browsing, and purchasing any of the services (Services) listed on our Site.

We amend these Terms from time to time as set out in clause 2. Every time you wish to order Services from us, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 30/03/2017.

These Terms, and any contract between us, are only in the English language.

If you are unclear on anything then please click on the ‘contact us’ button where there is a frequently asked questions and response guide to assist you. If you still can’t find the answer to your question, or if you have a specific question you would like to ask, you can contact us by e-mail at support@phonekick.com.

By using our Site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our Site. We recommend that you print a copy of these terms for future reference.

1. These Terms

These terms of use refer to the following additional terms, which also apply to your use of our Site:

1.1 Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.

1.2 Our Cookie Policy, which sets out information about the cookies on our Site.

2. Changes to these terms

2.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.

2.2 Every time you wish to use our Site please check these terms to ensure you understand the Terms which apply at that time.

2.3 We may revise these Terms from time to time to reflect changes in relevant laws and regulatory requirements.

2.4 We may update and change our Site from time to time to reflect changes to our users needs and our business priorities.

3. Accessing our Site

3.1 We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.

3.2 You are responsible for making all arrangements necessary for you to have access to our Site.

3.3 You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

4. Eligibility

4.1 Our Site is intended solely for users who are 18 years of age or older. Any use of or access to the Site or by anyone under 18, is unauthorised and in breach of these Terms. By using the Site, you warrant that you are 18 or older.

5. Uploading Content to our Site

5.1 Whenever you make use of a feature that allows you to upload content to our Site, or to make contact with other users of our Site, you must comply with the content standards set out below.

5.2 These content standards apply to any and all material which you contribute to our site, whether by way of posting an advertisement, or contacting another party through our site, or otherwise (Contributions), and to any interactive services associated with it.

5.3 You must comply with the spirit and the letter of the following standards (Content Standards). The Content Standards apply to each part of any contribution as well as to its whole.

5.4 Contributions must:

5.4.1 Be accurate (where they state facts).

5.4.2 Be genuinely held (where they state opinions).

5.4.3 Comply with applicable law in the UK and in any country from which they are posted.

5.5 Contributions must not:

5.5.1 Contain any material which is defamatory of any person.

5.5.2 Contain any material which is obscene, offensive, hateful or inflammatory.

5.5.3 Promote sexually explicit material.

5.5.4 Promote violence.

5.5.5 Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

5.5.6 Infringe any copyright, database right or trade mark of any other person.

5.5.7 Be likely to deceive any person.

5.5.8 Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

5.5.9 Promote any illegal activity.

5.5.10 Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.

5.5.11 Be likely to harass, upset, embarrass, alarm or annoy any other person.

5.5.12 Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

5.5.13 Give the impression that they emanate from us, if this is not the case.

5.5.14 Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

5.6 You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

5.7 Any content you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next paragraph.

5.8 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

5.9 We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out above.

5.10 You are solely responsible for securing and backing up your content.

6. Communications between us

6.1 When we refer in these Terms to "in writing", this will include e-mail.

6.2 If you would like to contact our Customer Services team, you can do so here, by e-mail at support@phonekick.com.

7. Your account and password

7.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

7.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

7.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@phonekick.com.

8. Intellectual property rights

8.1 We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

8.2 You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.

8.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

8.4 Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.

8.5 You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

8.6 If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

9. No reliance on information

9.1 The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.

9.2 Without limitation to the above, and in relation to any phone which is being advertised on our Site, we are not the sellers of any device on the Site and therefore we have not carried out any comprehensive checks on the device other than checks carried out by PhoneKick Security (which is provided by one of our subcontractors) to endeavour to detect and prevent theft and fraud in the world's mobile device communities. See clause 10.3 below for more detail.

9.3 Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.

10. Your obligations in respect of the Seller

10.1 When you purchase a device advertised on our Site, we will provide you with the contact details of the Seller to enable delivery information to be exchanged. This is personal data and you must keep this information confidential and not disclose it for any reason other than to arrange delivery of the device.

11. Limitation of our liability

11.1 We do not in any way exclude or limit our liability for the following in relation to the Services:

11.1.1 death or personal injury caused by our negligence;

11.1.2 fraud or fraudulent misrepresentation;

11.1.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

11.1.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);

11.1.5 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);

11.1.6 breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and

11.1.7 defective products under the Consumer Protection Act 1987; or

11.1.8 any other liability that cannot be excluded or limited by English law.

11.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on them, whether express or implied.

11.3 The PhoneKick Security runs checks to detect stolen devices, devices which are EE network blocked, Vodafone network blocked, Three network blocked, O2 network blocked, Global GSM/LTE network blocked, have had multiple registered owners, have been reported lost, have been previously recycled, have been subject to an insurance claim and have outstanding finance. However not all compromised or stolen devices can be or are detected. We will therefore not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with any device having passed PhoneKick Security’s check and which is later found to be stolen or compromised as listed above.

11.4 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

11.4.1 any underestimation or overestimation of any value in respect of the devices advertised on our Site, acknowledging that on our Site we provide guidelines for the value of devices, however this information is just a guideline;

11.4.2 use of, or inability to use, our Site;

11.4.3 use of or reliance on any content displayed on our Site;

11.4.4 purchase of a device from a Seller who advertised on our Site; or

11.4.5 any dispute any user has with any other PhoneKick user or users.

11.5 If you are a business user, please note that in particular, we will not be liable for:

11.5.1 loss of profits, sales, business, or revenue;

11.5.2 business interruption;

11.5.3 loss of anticipated savings;

11.5.4 loss of business opportunity, goodwill or reputation; or

11.5.5 any indirect or consequential loss or damage.

11.6 If you are a consumer user, please note that we only provide our Site to you for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11.7 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on them, or on any website linked to them.

11.8 We assume no responsibility for the content of websites linked on our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

12. Viruses

12.1 We do not guarantee that our Site will be secure or free from bugs or viruses.

12.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.

12.3 You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site are stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

13. Linking to our Site

13.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

13.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

13.3 You must not establish a link to our Site in any website that is not owned by you.

13.4 Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.

13.5 We reserve the right to withdraw linking permission without notice.

13.6 If you wish to make any use of content on our Site other than that set out above, please contact support@phonekick.com.

14. Third party links and resources in our Site

14.1 Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only.

14.2 We have no control over the contents of those sites or resources.

15. Events outside our control

15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.

15.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

15.3 If an Event Outside Our Control takes place that affects the performance of our obligations:

15.3.1 we will contact you as soon as reasonably possible to notify you; and

15.3.2 our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of services to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

16. General

16.1 We may transfer our rights and obligations under these Terms or any Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

16.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

16.3 These Terms and the terms of any Contract are between you and us. No other person shall have any rights to enforce any of the terms herein.

16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

16.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

17. Applicable law

17.1 If you are a consumer, please note that these terms of use, their subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

17.2 If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

18. Trade marks

18.1 The PhoneKick name and logo is a trade mark of Nitrogen Group Limited, licensed to PhoneKick.

19. Contact us

To contact us, please email support@phonekick.com.

Thank you for visiting our Site.