TERMS AND CONDITIONS

This Terms & Conditions Agreement ((hereinafter, referred to as ‘Agreement’) govern your use of PhoneHospital.uk ((hereinafter, referred to as ‘Website’) as well as the orders placed on Phone Hospital either through this Website or by contacting Phonehospital.uk (hereinafter, referred to as “We” or “Us” or “Our”) through any other means. By visiting this Website, or using any of the features, or placing your orders, by or through this Website, you hereby agree and accept to be legally bound by the provisions of this Agreement, and any dispute arising hereunder shall be subject to the laws and jurisdiction of the Courts of Glasgow, Scotland, United Kingdom without regard to the conflict of laws provisions.

If you find any provision contained hereunder unacceptable, kindly cease all usage of this Website forthwith. This Agreement is subject to modifications or alterations at any time, without notice to anyone, and at Our sole discretion. Such modifications or alterations shall immediately come into effect upon posting on this page. The use of this Website or any feature thereof, or your order(s) shall be subject to such updated provisions of this Agreement. Your continued use of this Website signifies your implicit consent to abide by all such modifications and alterations when posted.

Last Updated on: 11 July 2017

GENERAL TERMS The users understand and agree that their conduct on this Website shall be in accordance with the sub-clauses contained hereunder –

1. Any feature of this Website shall not be used for any illegal purposes whatsoever, whether directly or indirectly. The users agree to abide by all applicable local, state, national, and international laws and regulations.

2. The product(s) and/or service(s) sold on or through this Website may contain some additional Terms of Use, which shall govern your conduct regarding that product or service. In case of an irreconcilable inconsistency between such additional Terms of Use and this Agreement, the additional Terms of Use shall prevail.

3. We reserve the right to make changes to any product(s) or service(s) offered on this Website, or to the applicable prices of any such product(s) or service(s), at any time, without prior notice.

4. You are expressly prohibited from attempting to gain unauthorised access to any portion or feature of this Website, or any other systems or networks connected to this Website, or any of its servers by any means whatsoever.

5. Any intentional or unintentional use of any device or software that amounts to interference or attempt to interfere with the proper functioning of this Website is expressly prohibited.

6. You undertake not to misrepresent any detail about yourself or impersonate any other individual or entity during your interactions through this Website.

7. You shall be solely responsible and liable to provide accurate and complete information about yourself and to maintain and update your information; for maintaining the confidentiality of the password; for all uses of your account, whether authorised or unauthorised; and to notify Us immediately, if you suspect any unauthorized use of your account or access to your password.

8. The images of the logos, photos, products, videos or any brand references appearing on this Website are for reference purposes only, and designs may vary from those shown in the images.

QUOTATIONS

The repair price generated by ‘FREE QUOTE’ feature on this Website reflects an estimate only, based on the information you provided. It may be possible that the price to repair the unit is higher or lower than the estimated price. If We find that the information you provided was inaccurate, or if there is more repair work needed on your unit, We shall contact you accordingly via email or phone. Such quoted price include a “Minimum Charge” that covers costs for engineer’s time and parts (if any) used to attempt a repair. Such “Minimum Charge” becomes due only (i) when after diagnosis, We find, in Our sole discretion, that the unit is Beyond Economical Repair (BER), i.e., We advise you that it’d be cheaper to buy a new unit than repair the damaged one; or (ii) when due to any circumstance(s), We provide you with a new repair quotation, which you refuse; or (iii) when the unit is covered by warranty, but the repair work required is not covered by warranty terms, We give you an option to carry out such repairs after paying normal repair charges, which you refuse.

PAYMENT TERMS

1. Unless otherwise stated, all units shall be subject to a storage charge for handsets amounting to £10.00 (excluding VAT) per week.

2. We accept both online and offline payments.

3. Online payments can be made through any of the following methods: major debit/credit cards: Visa, MasterCard, American Express,  Solo, Delta, Visa Electron, and PayPal.

4. Offline payments can be made through any of the following methods: Cheque/postal order, cheque, direct bank deposit, and bank transfer. 5. All online payments are carried out through the use of latest 128-bit SSL Encryption technology, which is the industry standard for secure online transactions.

GENERAL REPAIRS TERMS

1. We shall make all reasonable efforts to repair your unit subject to the availability of any parts required and/or the terms of any relevant guarantee or warranty.

2. We shall perform the repairs using Our reasonable care and skill.

3. We shall try Our best to deliver you the repaired unit in the shortest possible time. However, any time estimate for completion of repairs that We give is an estimate only, and does not form any obligation under the terms of this Agreement.

4. If We are unable to complete the repairs for any reason, or the repairs will incur further costs payable by you, We shall immediately notify you regarding further course of action.

5. You are advised not to send any accessories, including but not limited to SIM cards, memory cards, chargers, boxes, cases, cables, mounts etc., along with the unit that needs repairs, unless We have specifically requested them. We disclaim any liability on account of any loss or damage to accessories while they are in Our possession. However, We reserve the right to ask for certain accessories to be sent in after Our initial diagnosis for further testing as they may be related to the fault.

6. We reserve the right, under certain circumstances, to send your unit to another repair centre and sub-contract the repair work to any third party.

7. We reserve the right to withhold the unit for a maximum period of 30 days after it is either (i) repaired, or (ii) deemed BER; or (iii) requiring a re-quote. We shall make reasonable attempts to contact you by phone and/or text message (SMS) and/or email a minimum of 3 times. If you fail to make requisite payment within 60 days of Our communication, the unit will be auctioned to recover Our costs.

8. In the event you fill out incorrect details or contact number or email and We need to contact you to confirm the faults, shipping details etc., We may quarantine the item until you contact Us.

9. All repairs and unlocking orders may be cancelled until the time such order is not processed. Such cancellation requests must be in writing. We ensure timely processing of all cancellation requests.

10. Liquid damage repairs can be very sensitive and are carried out on a “best endeavours” basis. Occasionally, the original fault can reappear after the unit has been repaired and sometimes, the faults may even get worse after a period of time.

WARRANTY REPAIRS TERMS

1. All warranty repairs are carried out only after production of sufficient proof of the claimed guarantee or warranty.

2. All warranty repairs are subject to manufacturer’s warranty dates.

3. If your unit is BER, We shall inform you immediately, and may replace your BER with a suitable equivalent rather than carry out repairs.

4. If the nature of repairs is not covered by the terms of warranty or guarantee of the unit, We shall immediately notify you. Further, if you still want to go ahead, all such repairs shall be covered under chargeable repairs.

5. All warranty repairs are guaranteed for 30 days from the date the unit is dispatched after repairs. If the same fault recurs within the above stipulated time, We shall repair it free of one charge. If the unit develops an additional fault unrelated to the original repairs, the repair warranty contained in this sub-clause will not apply.

CHARGEABLE REPAIRS TERMS

1. All such repairs that are not covered under guarantee and warrant terms of the unit shall be covered by the proceeding sub-clauses.

2. The cost of repairs shall be calculated and quoted in accordance with Our standard charges as published from time to time.

3. However, the cost of repairs may not fall within Our standard charges (i) where the unit is not generally supported by Us, or (ii) where unit repairs are subcontracted; or (iii) where the nature of repairs is not within Our standard rates of repairs. In all such cases, We shall provide you with an estimate of the cost of repairs.

4. We shall return your unit in all the following cases: (i) if We are unable to repair the unit; or (ii) no fault is found on the unit; or (iii) you do not accept Our estimate. However, in all such cases, We reserve the right to ask for “Minimum Charge”, as published from time to time.

5. We reserve the right to withhold your unit until you clear all payable charges.

6. All chargeable repairs are guaranteed for 30 days from the date the unit is dispatched after repairs. If the same fault recurs within the above stipulated time, We shall repair it free of charge. If the unit develops an additional fault unrelated to the original repairs, the repair warranty contained in this sub-clause will not apply.

DELIVERY TERMS

1. Once repaired and on receipt of cleared payment, the unit will be dispatched to the address you have given for delivery. We shall also intimate you regarding the date of dispatch.

2. If you wish to drop in to collect the repaired unit, you must produce collection receipt before you are delivered the repaired unit. In case the collection receipt is lost, the delivery can still be made provided you furnish your original driving license with your latest photo or a valid passport, along with an admin fee of £5.00. We will take out a photocopy of these documents and return you the originals.

3. All deliveries shall be subject to delivery charges, which are quoted when placing an order. Our standard rates are £9.99 per order (for UK) and £35.00 (for worldwide).

4. All standard deliveries are arranged through our appointed courier service but we occasionally use Royal Mail. And all worldwide deliveries are arranged through UK Royal Mail First Class International Recorded Delivery.

5. We do not guarantee any time-period for shipments to arrive at the designated place. However, the general practice indicates that delivery can be as fast as next working day. For national deliveries, please contact Us if the shipment doesn’t arrive within 5 working days from the date of dispatch. For international deliveries, please contact Us if the shipment doesn’t arrive within 15 working days from the date of dispatch.

6. In case the delivery fails or is refused, usually a card is left for you to contact the delivery company. You shall be liable for rearranging the delivery or collecting from delivery companies` branch network. If the unit is returned to Us, We shall charge for rescheduling delivery.

7. A signature will be required on receipt of goods.

8. You shall bear all currency conversion charges.

9. If the repaired unit is lost in transit, We may replace the item at Our sole discretion for similar or same model. However, in most instances, such replacement shall be a used phone. In the event We decide that the item cannot be procured, then a reasonable compensation, not exceeding £75, shall be made to the customer.

10. Any missing/damaged deliveries must be reported to us within 5 working days in writing via registered post.

PRIVACY

We collect only essential personal data from you that is required in order to process your repairs order efficiently and provide you with timely and quality services. We may also send you text or email messages from time to time to alert you about Our new services. However, if you do not wish to receive such messages, simply drop in an email or call Us at 0141 424 0444 with your request, and We shall stop sending you all promotional messages. However, We reserve the right to get in touch with you regarding your repairs order even if you have requested for stoppage of communication of other offers.

PROPRIETARY RIGHTS IN CONTENT

The content on this Website is the exclusive property of Phonehospital.uk. All such content is protected by the domestic and international legislations pertaining to Intellectual Property, including but not limited to copyright, trademark, patent, trade secret, designs, logos, etc. Phonehospital owns and retains all rights in the content contained on this Website. Any use of the protected content available on or through this Website without Our express written permission is expressly prohibited.

INDEMNITY

You agree to indemnify and hold Phonehospital.uk and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable solicitor’ fees, made by any third party due to or arising out of your use of PhoneHospital.uk, your connection to PhoneHospital.uk, your violation of this Agreement, your violation of any rights of another, or any other loss suffered by Phonehospital UK on account of your direct or indirect conduct on or through PhoneHospital.uk.

DISCLAIMERS

1. Unlocking is legal in most countries. You are advised to refer your local laws before purchasing the unit. We disclaim any liability on account of any legal Infringements made by you.

2. We do not unbar phones that are reported lost or stolen. If your phone is barred, We advise you to contact your operator to find out the reasons, as only your service provider can address the issue.

3. We disclaim any liability on account of any damage to the unit in transit, while it is being shipped to Us.

4. The repair work carried out by third party service software is carried out at your own risk. We disclaim any liability arising out of any such repair transaction.

5. All repaired phones are shipped back to the customer insured only for the total amount paid for parts and services paid to Us. Additional shipping insurance, if needed, must be requested in writing and We will try to accommodate all requests. We take all precautions necessary to avoid any damage or loss related to shipping, but unfortunate events may happen from time to time. A claim shall be filed with the shipping carrier within 14 days from the day the issue is reported regarding your shipment.

6. We disclaim any liability arising out of any losses incurred, like Airtime Company charges, missed job opportunities, missed sales, loss of business etc. whilst We have your phone or at any time during the repair, analysing, shipment, billing process, etc.

7. We disclaim any liability for any data losses, including but not limited to contacts, messages, photos, videos or any media, as sometimes a software update is made to the phone before or after repair rendering the handset to be factory reset or unbranded, i.e., free of any network logos, network specific features etc.

8. We take ample precautions to ensure accuracy of the content available on this Website. However, We shall not be liable for any incorrect or inaccurate content on the Website or in connection with the products and/or services purchased on or through this Website.

9. This Website is provided on an “as is and as available” basis, and Phonehospital.uk disclaims any warranty of fitness for a particular purpose or non-infringement.

LIMITATION ON LIABILITY

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT SHALL PHONEHOSPITAL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF PHONEHOSPITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PHONEHOSPITAL’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL, AT ALL TIMES, BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PHONEHOSPITAL FOR THE PRODUCTS OR SERVICES PURCHASED FROM OR THROUGH THIS WEBSITE.

EXTERNAL LINKS

This Website may contain links to other websites that may belong to its affiliates, promoters, partners, or advertisers. We do not regulate or monitor or endorse the content on these linked websites. Phonehospital.uk disclaims your communications or subsequent transactions with these linked websites..

MISCELLANEOUS PROVISIONS

The failure of Phonehospital UK to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is rendered unlawful, void or unenforceable, such provision is deemed severable from this Agreement, and does not affect the validity and enforce-ability of any remaining provision(s).