We are Honest Mobile Ltd. We’re a company registered in England and Wales with company number 11466899, whose registered address is at Trust House, 10 Guildhall Street, Grantham, United Kingdom, NG31 6NJ. In this privacy notice, we will refer to ourselves as ‘we’, ‘us’ or ‘our’. We are the Data Controller of the personal information we collect, hold and use about you, as explained in this notice.
You can get hold of us in any of the following ways:
by emailing us at email@example.com; or by writing to us at Honest Mobile, Trust House, 10 Guildhall Street, Grantham, NG31 6NJ .
We take the privacy, including the security, of personal information we hold about you seriously. This privacy notice is designed to inform you about how we collect personal information about you and how we use that personal information. You should read this privacy notice carefully so that you know and can understand why and how we use the personal information we collect and hold about you.
We do not have a data protection officer, but if you have any questions about this privacy notice or issues arising from it, you should contact Andy Aitken, who is responsible for matters relating to data protection at our organisation, including any matters in this privacy notice. You can contact them using the details set out above.
We may issue you with other privacy notices from time to time, including when we collect personal information from you. This privacy notice is intended to supplement these and does not override them.
We may update this privacy notice from time to time. This version was last updated on October 5, 2018.
The key terms that we use throughout this privacy notice are defined below, for ease:
Data Controller: under UK data protection law, this is the organisation or person responsible for deciding how personal information is collected and stored and how it is used.
Data Processor: a Data Controller may appoint another organisation or person to carry out certain tasks in relation to the personal information on behalf of, and on the written instructions of, the Data Controller. (This might be the hosting of a site containing personal data, for example, or providing an email-marketing service that facilitates mass distribution of marketing material to a Data Controller’s customer base.)
Personal Information: in this privacy notice, we refer to your personal data as ‘personal information’. ‘Personal information’ means any information from which a living individual can be identified. It does not apply to information that has been anonymised.
Special Information – certain very sensitive personal information requires extra protection under data protection law. Sensitive data includes information relating to health, racial and ethnic origin, political opinions, religious and similar beliefs, trade union membership, sex life and sexual orientation and also includes genetic information and biometric information.
Details of personal information that we collect and hold about you
Set out below are the general categories and in each case the types of personal information that we collect, use and hold about you:
|General Category||Types of Personal Data in that category||Retention Periods|
|Identity information||This is information relating to your identity such as your name (including any previous names and any titles that you use), gender, marital status and date of birth||In line with regulatory requirements|
|Contact information||This is information relating to your contact details such as email address, addresses, telephone numbers||In line with regulatory requirements|
|Account information||This is information relating to your account with us (including username and password)||In line with regulatory requirements|
|Payment information||This is information relating to the methods by which you provide payment to us such as [bank account details, credit or debit card details] and details of any payments (including amounts and dates) that are made between us||In line with regulatory requirements|
|Transaction information||This is information relating to transactions between us such as details of the goods, services and/or digital content provided to you and any returns details||In line with regulatory requirements|
|Survey information||This is information that we have collected from you or that you have provided to us in respect of surveys and feedback||In line with regulatory requirements|
|Marketing information||This is information relating to your marketing and communications preferences||In line with regulatory requirements|
The types of personal data we collect about you may differ from person to person, depending on who you are and the relationship between us.
Details of special information that we collect and hold about you
Special information is explained in section 1 above.
We do not collect or hold any special information about you.
We do not collect information from you relating to criminal convictions or offences.
Details of how and why we use personal information
We are only able to use your personal information for certain legal reasons set out in data protection law. There are legal reasons under data protection law other than those listed below; but, in most cases, we will use your personal information for the following legal reasons:
Contract Reason: this is in order to perform our obligations to you under a contract we have entered into with you;
Legitimate Interests Reason: this is where the use of your personal information is necessary for our (or a third party’s) legitimate interests, so long as that legitimate interest does not override your fundamental rights, freedoms or interests;
Legal Obligation Reason: this is where we have to use your personal information in order to perform a legal obligation by which we are bound; and
Consent Reason: this is where you have given us your consent to use your personal information for a specific reason or specific reasons.
As explained in section 3 above, there are more sensitive types of personal data, which require higher levels of protection. Where we process such sensitive types of personal data, we will usually do this in the following circumstances:
We have your explicit consent;
So that we are able to provide you with goods and services , we will need your personal information. If you do not provide us with the required personal information, we may be prevented from supplying the goods and services to you.
It is important that you keep your personal information up to date. If any of your personal information changes, please contact us as soon as possible to let us know. If you do not do this, then we may be prevented from supplying the goods and services to you (for example, if you move address and do not tell us, then your goods may be delivered to the wrong address).
Where we rely on consent for a specific purpose as the legal reason for processing your personal information, you have the right under data protection law to withdraw your consent at any time. If you do wish to withdraw your consent, please contact us using the details set out at the beginning of this notice. If we receive a request from you withdrawing your consent to a specific purpose, we will stop processing your personal information for that purpose, unless we have another legal reason for processing your personal information – in which case, we will confirm that reason to you.
We have explained below the different purposes for which we use your personal information and, in each case, the legal reason(s) allowing us to use your personal information. Please also note the following:
if we use the Legitimate Interests Reason as the legal reason for which we can use your personal information, we have also explained what that legitimate interest is; and
for some of the purposes, we may have listed more than one legal reason on which we can use your personal information, because the legal reason may be different in different circumstances. If you need confirmation of the specific legal reason that we are relying on to use your personal data for that purpose, please contact us using the contact details set out at the start of this privacy notice.
|Purpose||Legal Reason(s) for using the personal information|
|To enrol you as a customer||
Legitimate Interests Reason (in order to [offer you other goods, services and/or digital content which helps us to develop our business)
|To process your order, which includes taking payment from you, advising you of any updates in relation to your order or any enforcement action against you to recover payment||
Legitimate Interests Reason (in order to [recover money that you owe us])
|To manage our contract with you and to notify you of any changes||
Legal Obligation Reason
|To manage our contract with you and to notify you of any changes||
Legal Obligation Reason
|To comply with audit and accounting matters||Legal Obligation Reason|
|For record keeping, including in relation to any guarantees or warranties provided as part of the sale of goods, services and/or digital content||
Legal Obligation Reason
|To improve the goods, services, and/or digital content that we supply||Legitimate Interests Reason (to improve the goods, services, and/or digital content for future customers and to grow our business)|
|To recommend and send communications to you about goods, services, and/or digital content that you may be interested in. More details about marketing are set out in section 11 below||
Legitimate Interests Reason (to grow our business
|To ensure the smooth running and correct operation of our website||Legitimate Interests Reason (to ensure our website runs correctly)|
|To understand how customers and visitors to our website use the website and interact with it via data analysis||Legitimate Interests Reason (to improve and grow our business, including our website, and to understand our customer’s needs, desires and requirements)|
Sometimes we may anonymise personal information so that you can no longer be identified from it and use this for our own purposes. In addition, sometimes we may use some of your personal information together with other people’s personal information to give us statistical information for our own purposes. Because this is grouped together with other personal information and you are not identifiable from that combined data we are able to use this.
Under data protection laws, we can only use your personal information for the purposes we have told you about, unless we consider that the new purpose is compatible with the purpose(s) we told you about. If we want to use your personal information for a different purpose that we do not think is compatible with the purpose(s) we told you about, then we will contact you to explain this and what legal reason is in place to allow us to do this.
Details of how we collect personal information and special information
We usually collect Identity Information, Contact Information, Payment Information, Transaction Information, Survey Information, Marketing Information, directly from you when you fill out a form, survey or questionnaire, purchase goods, services and/or digital content from us, contact us by email, telephone, in writing or otherwise. This includes the personal information that you provide to us when you subscribe to our mailing list and enter a competition or survey.
We may receive some of your personal information from third parties or publicly available sources. This includes:
Identity Information and Contact Information from publicly available sources such as Companies House;Website, Device and Technical Information from third parties such as analytics providers (like Google);
Details about who personal Information may be shared with
We may need to share your personal information with other organisations or people. These organisations include:
- Suppliers: such as IT support services, payment providers, administration providers, marketing agencies;
- Third parties who are not part of our group. These may include:
- Government bodies and regulatory bodies: such as HMRC, fraud prevention agencies ;
- Our bankers ;
- Credit Reference Agencies ;
- Our advisors: such as lawyers, accountants, auditors, insurance companies
- Email platforms ;
- any organisations that propose to purchase our business and assets, in which case we may disclose your personal information to the potential purchaser.
Depending on the circumstances, the organisations or people who we share your personal information with will be acting as either Data Processors or Data Controllers. Where we share your personal information with a Data Processor, we will ensure that we have in place contracts that set out the responsibilities and obligations of us and them, including in respect of security of personal information.
We do not sell or trade any of the personal information that you have provided to us.
Details about transfers to countries outside of the EEA
If any transfer of personal information by us will mean that your personal information is transferred outside of the EEA, then we will ensure that safeguards are in place to ensure that a similar degree of protection is given to your personal information as is given to it within the EEA and that the transfer is made in compliance with data protection laws (including, where relevant, any exceptions to the general rules on transferring personal information outside of the EEA that are available to us – these are known as ‘derogations’ under data protection laws). We may need to transfer personal information outside of the EEA to the third parties listed above in section 6 who may be located outside of the EEA.
The safeguards set out in data protection laws for transferring personal information outside of the EEA include:
where the transfer is to a country or territory that the EU Commission has approved as ensuring an adequate level of protection;
where personal information is transferred to another organisation within our group, under an agreement covering this situation, which is known as ‘binding corporate rules’;
having in place a standard set of clauses that have been approved by the EU Commission;
compliance with an approved code of conduct by a relevant data protection supervisory authority (in the UK, this is the Information Commissioner’s Office (ICO);
certification with an approved certification mechanism;
where the EU Commission has approved specific arrangements in respect of certain countries, such as the US Privacy Shield, in relation to organisations that have signed up to it in the USA.]
Details about how long we will hold your personal information
We will only hold your personal data for as long as is necessary. How long is necessary will depend upon the purposes for which we collected the personal information (see section 4 above) and whether we are under any legal obligation to keep the personal information (such as in relation to accounting or auditing records or for tax reasons). We may also need to keep personal information in case of any legal claims , including in relation to any guarantees or warranties that we have provided with the products purchased.
We have set out above the details of our retention periods for different types of data. You can find them in section 2 .
Automated decision making
‘Automated decision making’ is where a decision is automatically made without any human involvement. Under data protection laws, this includes profiling. ‘Profiling’ is the automated processing of personal data to evaluate or analyse certain personal aspects of a person (such as their behaviour, characteristics, interests and preferences).
Data protection laws place restrictions upon us if we carry out any automated decision making (including profiling) that produces a legal effect or similarly significant effect on you.
We do not carry out any automated decision making (including profiling) that produces a legal effect or similarly significant effect on you. If we do decide to do this then we will notify you and we will inform you of the legal reason we are able to do this.
Your rights under data protection law
Under data protection laws, you have certain rights in relation to your personal information, as follows:
Right to request access: (this is often called ‘subject access’). This is the right to obtain from us a copy of the personal information that we hold about you. We must also provide you with certain other information in response to these requests to help you understand how your personal information is being used.
Right to correction: this is the right to request that any incorrect personal data is corrected and that any incomplete personal data is completed.
Right to erasure: (this is often called the ‘right to be forgotten’).This right only applies in certain circumstances. Where it does apply, you have the right to request us to erase all of your personal information.
Right to restrict processing: this right only applies in certain circumstances. Where it does apply, you have the right to request us to restrict the processing of your personal information.
Right to data portability: this right allows you to request us to transfer your personal information to someone else.
Right to object: you have the right to object to us processing your personal information for direct marketing purposes. You also have the right to object to us processing personal information where our legal reason for doing so is the Legitimate Interests Reason (see section 4 above) and there is something about your particular situation that means that you want to object to us processing your personal information. In certain circumstances, you have the right to object to processing where such processing consists of profiling (including profiling for direct marketing).
In addition to the rights set out in section 10.1, where we rely on consent as the legal reason for using your personal information, you have the right to withdraw your consent. Further details about this are set out in section 4.5.
If you want to exercise any of the above rights in relation to your personal information, please contact us using the details set out at the beginning of this notice. If you do make a request, then please note:
we may need certain information from you so that we can verify your identity;
we do not charge a fee for exercising your rights unless your request is unfounded or excessive; and
if your request is unfounded or excessive, then we may refuse to deal with your request.
You may receive marketing from us about similar goods and services, where either you have consented to this, or we have another legal reason by which we can contact you for marketing purposes.
However, we will give you the opportunity to manage how or if we market to you. In any email that we send to you, we provide a link to either unsubscribe or opt out, or to change your marketing preferences. If you have an account with us, you can login to your account and manage your preferences there too. To change your marketing preferences, and/or to request that we stop processing your personal information for marketing purposes, you can always contact us on the details set out at the beginning of this notice.
If you do request that we stop marketing to you, this will not prevent us from sending communications to you that are not to do with marketing (for example in relation to goods and services that you have purchased from us).
We do not pass your personal information on to any third parties for marketing purposes.
If you are unhappy about the way that we have handled or used your personal information, you have the right to complain to the UK supervisory authority for data protection, which is the Information Commissioner’s Office (ICO). Please do contact us in the first instance if you wish to raise any queries or make a complaint in respect of our handling or use of your personal information, so that we have the opportunity to discuss this with you and to take steps to resolve the position. You can contact us using the details set out at the beginning of this privacy notice.
Our website may contain links to third-party websites. If you click and follow those links, then these will take you to the third-party website. Those third-party websites may collect personal information from you and you will need to check their privacy notices to understand how your personal information is collected and used by them.
Website Terms and Conditions for Sale of Goods & Services to Consumers
1. Who are we and our contact details
1.1. We are Honest Enterprises Limited, trading as Honest Mobile. We’re a company registered in England and Wales with company number 11648112 whose registered address is atTrust House, 10 Guildhall Street, Grantham, United Kingdom, NG31 6NJ.
1.2. You can get hold of us in any of the following ways:
- by telephoning us on 020 3695 1618;
- by emailing us at firstname.lastname@example.org; or
- by writing to us at Trust House, 10 Guildhall Street, Grantham, United Kingdom, NG31 6NJ.
1.3. In case you need it, our VAT number is GB314496891.
2. What do these terms do and why are they important?
2.1. Please read these terms and conditions carefully before you place an order with us via the website. They contain important information, including
2.2. (a) how we will provide you with the goods and/or services that you have ordered
2.3. (b) our payment terms and delivery times
2.4. (c) the situations in which this contract may be amended or cancelled by you or by us (including within a cooling-off period)
2.5. (d) what you should do if there is a fault with the goods and/or services that we have provided to you, and
2.6. (e) how we will use your personal details
2.7. as well as other matters.
2.8. If, in these terms and conditions, we say that either of us may contact the other in ‘writing’, then this means it can be by letter or by email.
2.9. Separate terms and conditions apply to the use of our website. You can find those terms and conditions here: https://honestmobile.co.uk/legal/.
3. Your personal information
3.1. For information about how we collect and use your personal information, please see our general privacy notice, which is available here.
4. Order Process and the Contract between you and us
4.1. When you place an order with us, the legal contract between you and us will only come into existence when we tell you that we can provide the goods and/or services to you which we will usually communicate by email. If we tell you that we cannot provide the goods and/or services to you for whatever reason, then we will not charge you for them. If we tell you that we are unable to provide the goods and/or services, and we have already received payment from you, then we will promptly refund you for any goods and/or services that we cannot provide to you.
5. About the goods
5.1. Any descriptions or images of the goods, and the packaging in which they are provided, which are set out on our website, are for illustration only. While we endeavour to be as accurate and consistent as possible, the goods may be slightly different to those descriptions or images.
6. Changes to goods and/or services
6.1. If you would like to make a change to the goods and/or services for which you have already placed an order, please contact us as promptly as you can. We will always be willing to discuss with you whether the change you would like to make is possible, and whether there are likely to be any changes to price, times for delivery, any suspension period whilst any changes are made, or any other consequences or changes arising from your request. If your requested change is possible, we’ll ask you to confirm that you would like to continue with the change, to ensure that we’re both clear on how we need to fulfil your request.
6.2. In some circumstances we may need to make minor changes to the goods and/or services that you ordered. As these are minor changes and will not affect your use of the goods and/or services we will not usually contact you about these. These minor changes are likely to be:
- because we need update the goods and/or services to implement a change in the law, or a regulatory requirement; and/or
- because we need to make minor technical changes or enhancements that will not affect your use, handling or enjoyment of the goods and/or services.
6.3. It is possible that exceptionally, we may need to make a more major change to the goods and/or services. If these exceptional circumstances arise in relation to an order that you have placed with us, then we will contact you before we make the change to let you know. If you do not want to proceed with the change, you’ll be entitled to cancel the contract and section 15.1 (cancellation terms) of these terms and conditions will apply.
The changes that we expect to fall under this section are:
- the need to substitute the colour of a good
- the need to substitute a good for an equivalent or better model.
7. Payment details
7.1. The price of the goods and/or services will be the price set out on our website at the time when you place your order. Our prices include VAT at the current rate.
7.2. We make all reasonable efforts to ensure that we do not make errors with the prices that we charge you. For example, before we accept your order, we usually try to check the website price against our price list in force at the time of your order. However, if an error has been made and the price in the price list is lower than the website price, then we will charge you the price on the price list (being the lower amount). If an error has been made and the price in the price list is higher than the website price, we will contact you to confirm how you would like to proceed (and if you want to cancel the contract, section 15.1 of these terms and conditions will apply).
7.3. Any costs for delivery of the goods and/or services and other costs associated with the goods and/or services will be the amounts that were set out to you in the order process on our website.
7.4. When you need to pay us depends on whether what we provide you with is goods or services:
- For one-off goods, you must pay for them before we deliver them to you;
- For subscriptions to goods, you must pay monthly, in advance for your subscription;
- For ongoing services we will invoice you monthly, in advance for your subscription and monthly in arrears for any additional the services incurred. Invoices must be paid by direct debit in line with the due date.
We accept payment by by debit card, credit card and direct debit.
7.5. If you do not pay us on time, we may charge you interest at the rate of 2% a year above the base rate of Bank of England from time to time. The interest will accrue each day from the date that the amount you owe us was due, until the date you make payment of the amount that is overdue. It will accrue whether or not it is before or after any court judgment. You must pay the interest to us when you make payment to us of the amount that is overdue. If you write to us and request it, we will send you a statement of the interest you owe us to date, and the additional amount being added each day.
7.6 In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment methods. Payment is to be made to Klarna.
- Pay in  days: The payment period is 14 days from shipment of the goods or tickets/ availability date of the service. You can find the complete terms and conditions for the markets where this payment method is available here: United Kingdom, Germany, Sweden, Norway, Denmark, Finland, Austria, and the Netherlands.
- Slice it: With the financing service from Klarna you can pay your purchase in flexible or fixed monthly instalments according to the conditions stated in the checkout. The instalment payment is due at the end of each month after submission of a separate monthly invoice by Klarna. Further information regarding Slice It including terms and conditions and Standard European Consumer Credit Information you can find here for the markets where this payment method is available: Austria, the United Kingdom, Germany, Sweden, Norway, Denmark and Finland.
- The payment methods Pay in  days, Slice It and direct debit are only available in case of a positive credit assessment. For this purpose, during the order process and handling of your purchase, we forward your data for an address and credit check to Klarna. We can only offer you the payment methods available based on the result of the credit check. General information about Klarna and the user terms per country can be found on klarna.com. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.
8. Delivery and collection of goods and supply of services
8.1. Delivery and supply times will depend on whether you have ordered goods and/or services and whether these are one-off, ongoing or subscriptions:
- For one-off goods, unless we have agreed another date with you, we will deliver them within 30 days of the date on which we accepted your order;
- For ongoing services, we will provide the services to you until the services have been completed or the contract is cancelled by you (see section 15) or by us (see section 16) or until we withdraw the services (see section 17);
8.2. We will contact you if we are delayed in delivering the goods and/or services to you because of circumstances that are not within our control. If we contact you within a reasonable time to let you know about this, then we will not be responsible for any delays due to those circumstances. However, if the delay continues beyond a reasonable amount of time, then you can contact us to cancel the contract, and we will provide you with a refund for any goods and/or services that you have paid for but not yet received.
8.3. If we cannot post the goods through your letterbox and/or no one is available to take delivery of them when we try to deliver them to you, then you will receive a note about how to re-arrange delivery and/or how to collect the goods. If you then do not re-arrange delivery of the goods or collect them from the place specified in the note, we will contact you for instructions about what to do next and we may charge you for the storage costs we incur during this period as well as any further delivery costs in respect of a re-arranged delivery. If after this, we are still unable to arrange the re-delivery or collection of the goods with you, then we may cancel the contract and the consequences set out in section 16.2 below will apply.
8.4. If you told us that you would like to collect the goods, then you can collect them once we have confirmed that they are ready for collection. You can collect them between 0900 to 1700 on weekdays. If you do not collect the goods from us within a reasonable time of us letting you know that they are ready for collection, we will contact you about what to do next, and we may charge you for the storage costs we incur during this period. If we are still unable to arrange collection of the goods with you, then we may cancel the contract, and the consequences set out in section 16.2 will apply.
9.1. If something happens that means we must suspend the supply of the goods and/or services to you, for example:
- to make minor technical adjustments or to resolve technical issues;
- to update the goods and/or services to implement a change in law or any relevant regulatory requirement,
- then we will contact you to let you know.
9.2. We will usually let you know in advance of any suspension unless it is an emergency – in which case, we will let you know as soon as reasonably possible. If we do suspend the supply of goods and/or services, your payment will be adjusted so that you do not pay for the relevant suspended item during the period of suspension.
9.3. If we are going to suspend the supply of a good or service for more than 7 days then you may contact us to cancel the contract. We will provide you with a refund for the relevant good or service for which you have made payment but have not yet received.
10. Responsibility for and ownership of goods
10.1. You will be responsible for goods from the point at which we deliver the goods to you – or if you have told us that you are collecting the goods, then from the point at which you collect the goods from us.
10.2. You will only own the goods once we have received full payment for them.
11. Your obligations
11.1. We will inform you during the order process of information that we need from you in order to provide you with the goods and/or services. We will contact you to request this information.
11.2. If you don’t provide us with this required information in a reasonable time, or if information that you give us is not accurate, we may cancel the contract (and the consequences set out in section 16.2 will apply), or we may charge you for the additional costs which we incur as a result.
11.3. If you don’t give us required information within a reasonable time, we will not be liable to you if this causes a delay in providing you with the goods and/or services, or if we do not provide any part of them to you.
12. If there is a fault with the goods and/or services
12.1. We hope that you are satisfied with the goods and/or services that we have supplied to you; but if there is a fault with them, then please contact us using the details set out in section 1.
12.2. We must provide goods and/or services to you that meet your consumer rights.
12.3. This section 12.3 provides you with a summary of your consumer rights if there is a fault with the goods or services that we have provided to you. However, this is only a summary of your key rights. If you need more detailed information, you can contact Citizens Advice on www.citizensadvice.org.uk or you can call 03454 04 05 06, or you can contact your local Trading Standards Department.
- If we have provided you with goods, the Consumer Rights Act 2015 says that the goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your goods you’re entitled to the following:
- For up to 30 days if your goods are faulty, you can get an immediate refund.
- For up to 6 months if your goods can’t be repaired or replaced, you’re entitled to a full refund in most cases.
- For up to 6 years, if your goods do not last a reasonable length of time, you may be entitled to some money back.
- If we have provided you with services, the Consumer Rights Act 2015 says:
- You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill – or get some money back if we can’t fix it.
- If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
- If you haven’t agreed a time beforehand, the services must be carried out within a reasonable time.
12.4. If you decide to trigger your consumer rights to reject goods due to a fault with them, then you must either return the goods in person to the place where you bought them, post them back to us, or if the goods are not suitable for postage, allow us to collect the goods from you. We will pay for the costs of return or collection in these circumstances.
12.5. Your rights as summarised above are in addition to any cancellation rights that you may have during the cooling-off period, which are explained in section 14.
13. Our liability if you suffer loss or damage
13.1. If we do not comply with any section of these terms and conditions, or we do not use reasonable care and skill in providing the goods and/or services to you, then we are liable to you for loss and damage that you suffer and that we cause, so long as the loss or damage that is caused is foreseeable. Loss or damage is foreseeable if it is obvious to a reasonable person that it will happen because of us breaking the contract, or if it is obvious that it might happen because of something you told us about when we entered into the contract.
13.2. We do not limit or exclude our liability to you, where we are not allowed to do so by law. This means that we do not limit or exclude our liability for death or personal injury due to our negligence (or negligence of our employees or subcontractors), for fraud, for breach of your legal rights in relation to the goods and/or services (a summary of which is set out in section 12.3) or for providing you with defective items under the Consumer Protection Act 1987.
13.3. If we provide any advice to you, including in any instructions or manuals provided to you with the goods and/or services, then you should follow these carefully. We will not be liable to you for any damage that is caused due to your failure to follow such advice or instructions.
13.4. We only provide goods and/or services for private and domestic use. We do not provide them for business or commercial use. If you do use the goods and/or services for business or commercial use, we will have no liability to you for loss of profit, loss of business, loss of opportunity or loss of goodwill.
14. Cooling-off period and your right to cancel the contract during it
14.1. Your rights to cancel during the cooling-off period are in addition to and are separate from your other rights to cancel the contract. Those other rights are set out in section 15 below.
14.2. When you buy goods and/or services from a website, in most cases you will have the right to cancel the contract (under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) within the cooling-off period (explained in section 14.3 below) because you have changed your mind. (This right exists unless one of the circumstances set out in section 14.4 below applies.) If you rely on these cancellation rights to cancel the contract during the cooling-off period, you do not have to provide us with any reason for cancelling.
14.3. The length of the cooling-off period during which you can cancel the contract due to a change of mind depends on whether you have ordered goods and/or services. It is also subject to certain exceptions which are set out in section 14.4 below. You can calculate the cooling-off period as follows:
- For a one-off delivery of goods, you have up to 14 days after the day you receive the goods to cancel the contract;
- For goods that are ordered together but that are delivered to you separately on different days, you have up to 14 days after the day you receive the last delivery of goods to cancel the contract;
- For subscriptions to goods, you have up to 14 days after the day you receive the first delivery of goods under the subscription to cancel the contract;
- For a contract that is for goods and services, you have up to 14 days after the day you receive the goods to cancel the contract;
- For services, you have up to 14 days after the day we contact you to accept your order to cancel the contract.
14.4. If any of the following circumstances applies to the goods and/or services that you have ordered, then the cancellation rights during the cooling-off period do not apply to you and you will not have the right to cancel the contract in respect of those goods or services because you have changed your mind:
- if the goods that you have ordered are sealed audio or video recordings, or computer software and you have broken the seal on them;
- if you have combined the goods with others goods and they are inseparable;
- if the services have been completed;
- if you requested us to carry our urgent maintenance or repairs;
14.5. If you want to cancel the contract because you have changed your mind then you should let us know before the end of the cooling-off period (as calculated in accordance with section 14.3) in one of the following ways:
- contacting us on the details set out in section 1 and include your name, email address, address and order details providing a clear statement that you want to cancel; or
- filling out the form, which is available at the bottom of this document and submitting it to us via email, or print off that form and post it to us, in either case using the details set out in section 1.
14.6. If you have ordered goods, then you must return the goods at your cost to us within 14 days of letting us know that you want to cancel the contract because you have changed your mind.
14.7. If you cancel the contract during the cooling-off period after we have begun services because you have requested us to begin the services during the cancellation period (but before we have completed them), then you will have to pay us for the services that we have provided to you up to the point at which you let us know that you want to cancel the contract because you have changed your mind. The costs will be a proportion of the total price of the services.
14.8. If you cancel the contract during the cooling-off period because you have changed your mind, then we will provide you with a refund for the goods and/or services as well as any standard delivery costs that you paid, but if you chose a more expensive delivery option than our standard delivery when you placed your order, then we will only refund you an amount equivalent to our standard delivery costs, If you have cancelled an order for goods, then we will provide you with the refund using the same method of payment which you used to pay us within 14 days of the day we receive the goods back from you or, if earlier within 14 days of you providing us with proof that the goods have been sent back to us. If your order does not include goods that need to be returned to us, then we will provide you with a refund within 14 days of the day after you let us know that you want to cancel the contract.
14.9. We have the right to make a deduction from the refund due to you if you cancel the contract during the cooling-off period. The deduction will be equivalent to any loss in value of the goods that is due to unnecessary handling of the goods by you. Therefore you should not handle the goods any more than is necessary to establish the nature and characteristics of the goods. If we have already provided you with a refund, then we may charge you the amount that we would have deducted.
15. Your rights to cancel the contract
15.1. In addition to your rights to cancel the contract during the cooling-off period set out in section 14, if any of the following circumstances apply, you have the right to cancel this contract immediately:
- we have informed you that there was an error with the price or the description of the goods and/or services when you placed the order, and you now do not wish to proceed based on the correct price or description;
- we have informed you that we need to make a major change to the goods and/or services (see section 6.3) and you do not want to proceed with the change;
- there is a significant delay in providing the goods and/or services to you, because of circumstances that are not within our control (see section 8.2);
- we have informed you that we need to suspend the supply of goods and/or services to you, for any of the reasons set out in section 9.1, for more than 7 days; or
- you have some other legal right to cancel the contract because of something we have done.
15.2. If you do cancel the contract for any of the above reasons (section 15.1(a) to 15.1(e)) then we will provide you with a refund for any goods and/or services that you have paid for but we have not yet provided, or we may provide you with a refund for any goods and/or services which have not been properly provided to you. In certain circumstances you may also be entitled to further compensation.
15.3. If there is a fault with the goods and/or services that we have provided to you, please see section 12 of these terms and conditions.
15.4. If you are cancelling the contract for any other reason that is not set out in section 15.1 or section 14 (where you are cancelling the contract during the cooling-off period), then the contract will end immediately and we will provide you with a refund for any goods and/or services that you have paid for but not yet received. However, we may make a reduction from the refund due to you; or if you are not due a refund because you have not yet made payment, then we may charge you an amount of reasonable compensation for costs that we incur due to you cancelling the contract.
15.5. If you cancel the contract after we have dispatched goods, then you must return the goods to us (by posting them back to us, or if they are not suitable for posting, then you must allow us to collect them from you). If you cancel the contract because of circumstances set out in section 15.1 or because there is a fault with them (see section 12), we will pay the costs of returning the goods to us or the costs of collecting them from you. If you cancel the contract for any other reason including under section 14, you will be responsible for the costs of returning the goods to us or for contacting us promptly to make arrangements for collection which will be at your cost. Currently our collection charge is £10.
16. Our rights to cancel the contract
16.1. If you don’t comply with your obligations in these terms and conditions, we may cancel the contract. The following are examples of circumstances where we would consider that you have not complied with your obligations:
- you do not pay us on time and you do not pay us within 5 days of us telling you that payment is overdue (see section 7.4);
- you do not allow us to deliver the goods to you and do no re-arrange delivery or collection of the goods (see section 8.3);
- you do not collect the goods within a reasonable time and you do not re-arrange collection (see section 8.4);
- you do not provide us with information that we have requested from you within a reasonable time (see section 11.1);
16.2. If we cancel the contract because you have not performed your obligations (including those examples listed in section 16.1), we will provide you with a refund for any goods and/or services for which you have paid but not yet received. However we may make a reduction from the refund due to you, or if you are not due a refund because you have not yet made payment, then we may charge you, the remaining balance of your subscription as compensation for any costs which we incur due to having to cancel the contract
17. If we stop providing goods and/or services
17.1. If the goods and/or services with which we provide you are provided on an ongoing or subscription basis (and are not a one-off purchase), we may decide at some point in the future to stop providing them. If we decide to stop providing them, we will contact you at least 90 days before we stop providing them, to let you know. If you have made payment for goods and/or services that we will no longer be providing to you, we will give you the relevant refund for what you will not receive.
18.1. We may transfer our rights and obligations under these terms and conditions to another organisation. We will contact you to let you know if we do so. Any transfer will not affect your rights under these terms and conditions.
18.2. You cannot transfer any of your rights or obligations under these terms and conditions to anyone else without first getting our consent in writing.
18.3. If a court decides that any part of these terms and conditions are invalid or unenforceable, the remaining sections of these terms and conditions will not be affected and will remain in place.
18.4. If we delay in exercising any right we have under the contract, this will not stop us from exercising that right against you at a later date.
18.5. Unless we transfer our rights and obligations to another organisation, then this contract is only between you and us. This means no other person or organisation is a party to this contract and they do not have any rights under the contract.
18.6. If there is ever any dispute between you and us, then it will be resolved using the law of England and Wales. If you live in England or Wales, we both agree respectively that proceedings will be brought in the English courts. However, if you live in Scotland, you can bring proceedings in Scottish or English courts and if you live in Northern Ireland you can bring proceedings in Northern Irish or English courts.
18.7. If you are dissatisfied with how we have handled your complaint, you can contact our alternative dispute resolution provider called CISAS at email@example.com. Alternative dispute resolution allows parties who are in dispute to refer the dispute to an independent party to resolve. CISAS will not charge you for referring a dispute to them. If you are not happy with the outcome that is provided, then you can still bring proceedings in court. In addition, if you are dissatisfied with how we have handled your complaint, you can refer the dispute to the European Online Dispute Resolution Platform by following this link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
Model Cancellation Form (Distance Contracts)
The wording on this form is specified by the law. You should therefore only change those parts indicated.
To Honest Enterprises, 10 Guildhall Street, Grantham, Lincs, NG31 6NJ | firstname.lastname@example.org
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
Network Terms and Conditions
The Important Stuff
Here’s a summary of some important terms:
- On our subscriptions your inclusive allowance covers standard mainland UK calls, texts and data and roaming within the EU and selected destinations for periodic travel, subject to our Fair Usage Guidelines. Special numbers and services (such as roaming charges, international calls, premium rate numbers and some 08 numbers) are not included. Sometimes the allowances may change, but we’ll always let you know in advance if they do. Check honestmobile.co.uk for more details about Charges and our latest rates so you know how much your usage will cost you.
- Our Service isn’t available everywhere in the UK. The Services are not fault-free and the speed and quality of your connection, for example, can be affected by things like the thickness of the walls of the building you’re in, technical issues and the number of members near you trying to access the Services at the same time. We’ll carry out maintenance on the Network from time to time. We use reasonable skill and care in providing you with the Services and will attempt to re-perform disrupted Services when possible.
- Content on your device can sometimes contain minor defects or bugs, so it’s a good idea to always keep your Content up-to-date.
- If we believe you’re using the Service fraudulently, illegally, to make nuisance or spam calls, to threaten, harass, stalk, abuse, disrupt or otherwise violate or infringe the rights (including but not limited to copyright, rights of privacy and publicity) of others or in a way that harms our Network or the experience of others (amongst other things) we will cancel your Service.
Explanation of Certain Words
1.1. In these Terms and conditions:
- “Account” means the Honest Mobile account which records details of the amount of airtime balance you have, from time to time;
- “Affiliates” means members or companies who have officially join or become attached to Honest Mobile;
- “AIT” means Artificially Inflated Traffic, which occurs where the flow of calls, texts or data, which could be in connection with a revenue share service, is disproportionate to the flow of calls, texts or data that would be expected from good faith commercial practice and usage of the Network;
- “Blog” means the blog webpage on honestmobile.co.uk;
- “Charges” means all the prices associated with the Service as described on HonestMobile.co.uk/charges;
- “Content” means textual, visual or other information, software, photos, video, graphics, music, sound and other material appearing on or available through the Service including all information supplied by content providers from time to time;
- “EU and selected destinations” means
- Czech Republic
- French Caribbean (includes Martinique)
- French Guyana
- French Reunion
- Republic of Ireland
- San Marino
- The Netherlands
- The Saints
- The Vatican
- “Subscription” means a Bundle including minutes, texts and data;
- “GSM Gateway” means a device (not designed or adapted to be capable of being used whilst in motion) designed or adapted to be connected by wireless telegraphy to the Network or the cellular telecommunications system of another Network operator and used solely for the purpose of sending or receiving messages conveyed by means of the Network or the cellular telecommunications system of another Network operator;
- “Intellectual Property Rights” means: (i) any (and any rights subsisting in any) patents, designs, trademarks and trade names (whether registered or unregistered), copyright and related rights, moral rights, database rights, know-how and confidential information; (ii) all other intellectual property rights and similar or equivalent rights anywhere in the world which currently exist or are recognised in the future; and (iii) applications, extensions and renewals in relation to any such rights
- “Member” means an individual using the Service;
- “Customer Support” means the agents who support Members in their use of the Service, whose contact details are found on HonestMobile.co.uk;
- “Network” means the cellular telecommunication system provided by Honest Mobile;
- “Participation” means such involvement in Honest Mobile’s Member community as Honest Mobile may, from time to time, deem eligible for award of referral reward;
- “Referral Reward Date” means the date on which Members receive Referral Reward, such date to be specified by Honest Mobile from time to time;
- “Referral Rewards” means the reward(s) you are awarded by us for your Participation;
- “Phone” A device that is able to make and receive GSM voice and text calls;
- “Rights” means copyright, trademark and other relevant proprietary and Intellectual Property Rights relating to Content;
- “Service” means any or all of the following services: airtime service enabling you to make or receive calls and to send and receive data by means of the Network, the ability to send and receive email via the Internet, the ability to access information from the Internet, the ability to access and use the Honest Mobile app, and any additional services we agree to provide to you;
- “SIM Activation” means the process of making a purchase, creating an Account and activating a SIM Card online at honestmobile.co.uk;
- “SIM Card” means a card or other device provided to you by Honest Mobile and bearing a unique telephone number programmed to allow a mobile device to access the Service;
- “Tablet” A device that is not able to make and receive GSM voice and text calls;
- “Terms and Conditions” means these terms and conditions;
- “We”, “us”, “Honest Mobile” and “our” means Honest Enterprises Limited, 10 Guildhall Street, Grantham, Lincolnshire, NG31 6NJ; and
- “You” means the Member to whom the Terms and Conditions apply, and it includes a person who we reasonably believe is acting with your authority.
HonestMobile.co.uk contains explanations, definitions, notes and conditions which form part of these Terms and Conditions.
The Service and any offers, competitions, prize draws, promotions and/or trials made available by us from time to time may be subject to supplemental terms as advertised in our marketing literature and/or as set out on honestmobile.co.uk. Please check honestmobile.co.uk regularly as any such terms may be updated from time to time, and your participation in any such offer, promotion and/or trial will mean you have accepted such terms.
Provision of Service
We will provide the Service to you, and you will be entitled to the quality of Service generally provided by a competent mobile telecommunications service provider exercising reasonable skill and care. However, the Service is not fault free and we will not be liable to you if it is impaired by geographic, atmospheric, Network traffic or other conditions or circumstances beyond our control, including but not limited to the following:
- The Service is subject to Network coverage and is not available in all parts of the United Kingdom, the EU and selected destinations or in all other countries; and
- The Network may from time to time require upgrading, modification, maintenance or other work which may result in partial or complete non-availability of the Service.
We may exercise our discretion, using reasonable skill and care, to refuse to provide any part of the Service to you. This may involve barring certain numbers from the Service on a temporary or permanent basis, in circumstances where it is necessary for us to do so.
We will use reasonable endeavours to maintain Content but it may be incomplete, out of date or inaccurate and is provided on an “as is” basis. You accept that we will not be liable for any action you take in reliance on Content as a condition of us allowing you access to such Content.
Honest Mobile (or our agents where relevant) reserve the right to:
- Restrict access to certain elements of the Service due to age restrictions; and
- Vary Content and/or the technical specification of Service from time to time.
Occasionally we may need to:
- Alter the number of your mobile phone, or any other name, code or number associated with the Service for reasons beyond our control such as where requested to do so by a governmental authority or regulatory body or where we reasonably believe that the alteration will enhance your use of the Service. If this is the case we will give you reasonable notice; and/or
- Temporarily suspend the Service (or any part of it) for operational reasons or in an emergency or for your security.
We will provide you with a SIM Card which shall remain, at all times, our provider’s property.
Maximum call duration is 9 hours.
Some elements of the Service may require activation following purchase, which may take up to 24 hours.
You may only use our services in the EU and selected destinations for periodic travel, like holidays or short breaks. If you’re not genuinely using our services for periodic travel we may have to charge you for, or suspend you from, using our services in the EU and selected destinations.
The countries covered in the EU and selected destinations may change from time to time and do not include Monaco, Jersey, Guernsey, Isle of Man and Switzerland. Please see our roaming page for details of what countries are included in the EU and selected destinations.
We may cap your data allowance in the EU and selected destinations. Any use in excess of these caps will be charged at 3p /MB. For data level of cap and rates to be charged see our roaming page.
In the EU and selected destinations, making calls or sending texts to premium rate numbers, directory service numbers and some non-geographic numbers (which can vary over time) aren’t included.
All use of our services will be subject to our Fair Usage Guidelines. We may suspend or terminate your access to our services in the event that you breach our Fair Usage Guidelines.
Your use of the Service
You may only use Content in a way that does not infringe the Rights of others and you must comply with all other instructions issued by us regarding use of Content. You shall not store, modify, transmit, distribute, broadcast, or publish any part of Content other than in compliance with such instruction. The re-selling, copying or incorporation into any other work of part or all of the Content in any form is prohibited save that you may print or download extracts of Content for your personal use only.
You are solely responsible for evaluating the accuracy and completeness of any Content and the value and integrity of goods and services offered by third parties over the Service. We will not be a party to or in any way responsible for any transaction concerning third party goods and services, except in the case of negligence on our part.
You must provide us with a current email address and you must maintain this address and advise us promptly of any changes to it. It is your responsibility to verify that your email mailbox is in proper working order and you must assume the risk of all consequences for errors in sending and receiving email, unless caused by our negligence.
To use some of our Services, for example mobile internet, data, picture messages and text messages, you will need to ensure your mobile device is compatible and enabled.
Your use of the Services must be for your private, personal and non-commercial purposes. You may only use a device with an IMEI number associated with it on the Network and you will not use or permit anyone else to use your SIM Card:
- For any form of automated usage of mobile services;
- In such a way that adversely impacts the service to other Honest Mobile Members;
- Fraudulently, illegally or in breach of any law or statutory duty;
- To make a call or send a message, to take a picture or video or send, upload, download, use or re-use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, a nuisance (including to our staff) or a hoax, in breach of any Rights or privacy or otherwise unlawful;
- To cause annoyance, inconvenience or needless anxiety as set out in the Communications Act 2003;
- Other than in accordance with acceptable use policies of any connected Networks and any relevant Internet standards;
- To generate AIT;
- via a GSM Gateway so that the Service is provided via the GSM Gateway to third parties; or
- To persistently send unsolicited communications,
and you shall, at all times:
- Ensure the information you have provided to us in Participation or otherwise is accurate and up-to-date;
- Ensure any Participation you undertake is done in a manner compliant with all law and regulation, does not generate any serious complaint about you (whether or not it is ultimately proven) and in such a way as to not bring Honest Mobile into any disrepute;
- Not do anything or permit anyone else to do anything which we reasonably think adversely impacts the Service to other Honest Mobile Members or may adversely affect the Network; and
- Not be abusive, make threats, repeatedly cause a nuisance or annoyance or otherwise act illegally towards the Honest Mobile community, our employees, agents or property.
If Honest Mobile reasonably suspects you are not acting in accordance with the conditions of this clause, Honest Mobile reserves its right to impose standard Charges and/or Network protection controls (which may reduce your speed of transmission); remove a Bundle and/or Payback Points from your account or block access to the Internet at any time; prevent you from purchasing further Bundles; remove any free minutes allocated to you; stop your entitlement to Payback Points; and/or bar or suspend your SIM Card from the Service.
If your SIM Card is lost, stolen, damaged or destroyed or used without your authority, you will contact Honest Mobile immediately and cooperate with us in our reasonable security and other checks. We reserve the right to bar or suspend your SIM Card where we reasonably suspect it has been lost or stolen.
You must tell us immediately by emailing contact@HonestMobile.co.uk, if anyone makes or threatens to make any claim or issue legal proceedings against you relating to your use of the Service or the Content and you will, at our request, immediately stop the act or acts complained of. If we ask you to, you must confirm the details of the claim(s) in writing.
If you do not want your number displayed on receiving mobile phones, use your phone’s functionality to block this. Otherwise you agree that we may allow the display of your telephone number on receiving handsets. Your number will be disclosed in relation to calls you make to emergency services.
In return for your payment of the Charges we will provide you with the applicable Service.
You can purchase access to the Service by signing up for an Honest Mobile subscription.
You can pay the Charges using a Honest Mobile-approved debit or credit card that Honest Mobile accepts for your first month of subscription, thereafter a Direct Debit will need to be set up. By making a payment you confirm you have permission from the account holder or cardholder to use it.
Free calls are at no extra cost for the first 60 minutes per call, after which the call will be charged using Charges applicable to standard UK mobile pricing.
We may increase or decrease the Charges at any time (including the introduction of prices for aspects of the Service previously provided at no extra cost). Where we increase the Charges significantly for the elements of the Service you are using we will notify you before the changes become effective by email and/or text.
You must ensure your Bank Details on your Account are kept up to date at least 24 hours in advance of application of any attempted charges.
It is your responsibility to ensure your bank, debit or credit card account has sufficient funds to pay for the Charges. We shall not be responsible for any additional charges which may be imposed on you by your bank or card issuer.
We reserve the right to block or bar your SIM Card if we have reasonable cause to suspect fraudulent use of a Bank account, credit or debit card.
We shall have no liability to you in respect of any loss incurred as a result of delayed or incorrect airtime credit top-up, Auto Top-up or Bundle payment.
Roaming pricing applies when your SIM Card is used outside of the UK.
If your SIM Card is lost or stolen:
- It shall be your responsibility to contact us as soon as possible, and to cancel any Auto Top-up, Queued Bundle or Recurring Bundle associated with your Account; and
- We shall have no obligation to refund you in respect of any airtime credit or active Bundle on your Account.
You may be charged to receive certain premium rate text messaging services and multimedia messaging services. We will not notify you of charges for premium rate services operated by third parties.
Unless otherwise stated, a fifteen second minimum call Charge will apply to all chargeable calls made within the EU. Outside the EU a one minute minimum call charge will apply. All calls are charged in one second increments after the minimum call period has elapsed.
Charges include VAT unless otherwise stated.
A Subscription lasts for a calendar month, starting from the first of the month. In your first month, your subscription starts from the moment you successfully make your purchase (i.e. the day of purchase counts as one full day, regardless of the time of purchase, and is included in the monthly period) and the Bundle is allocated to your Account. It will end at the end of the calendar month. Any remaining credit will be pro-rata credited on your next monthly bill in the first month.
Where you have an active Subscription on your Account, each time you use the Service, your Bundle allowance will be reduced according to the duration and type of call/message or the amount of data used.
Standard out-of-Bundle Charges apply where you have used up any of your Bundle Service allowances and continue to use the associated Service. From time to time, Honest Mobile may provide functionality to allow you to purchase a new Subscription early or a bolt on additional services. If you elect to take this option, your existing subscription allowance shall be replaced by a new subscription allowance.
Bundle Service allowances for calls and texts are for standard UK mobile numbers or standard UK landlines (starting 01 or 02 or 03) only. Picture or video messages (MMS) are excluded unless otherwise stated. Call forwarding to standard UK mobile numbers, standard UK landlines (starting 01 or 02 or 03) and your voicemail is included within your Bundle Service allowance. Calls and text messages to other numbers may be charged at out-of-Bundle rates as set out in the Charges.
We reserve the right to remove or vary the terms and/or allowance of any Bundle (activated or not) from time to time where reasonably necessary (e.g. to improve the service you receive or to manage our costs). Where we vary the terms and/or allowance of a Bundle you are using to your disadvantage, we will notify you of this by text message and/or email 30 days prior to the change. For queries/complaints go to www.honestmobile.co.uk/support.
Please note that you will be unable to cancel or claim any refund in respect of a Bundle once it has been activated on your Account. Your legal rights are unaffected.
From your second month of subscription onwards, you’ll receive a pro rata allocation of a 5% annual discount for each year you remain an Honest Mobile Customer subject to any increases in subscription charges. The maximum discount any member can receive is a 30% discount on current retail prices.
Bundle allowance details and associated terms can be found on honestmobile.co.uk.
In order to qualify for a discount under the loyalty subscription or referral scheme you must send a new member your personal referral link which they must use to join Honest Mobile and make a payment.
- You must ensure members you refer have not previously been a Member and who intend to be a regular user of the Service, complying with these Terms and Conditions on an ongoing basis (the “New Member”);
- The New Member must:
- register their details as required to open a new Account;
- subscribe to a subscription; and
- not be barred or disconnected by us from using the Service before the end of the then current month; and
- you must only have promoted Honest Mobile through:
- requests made of you through social media or your own website that you control.
All new Members will get a month of their subscription free if they join Honest Mobile as a paying subscriber. The free month will only be applied to the second month of their Honest Mobile subscription. The credit will be applied within five working days of the Honest Mobile activation.
We reserve the right to remove or not award the referral reward where:
- you have Participated in the referral scheme for Honest Mobile other than in compliance with our Terms and Conditions;
- multiple SIM Cards have been activated or used in the same device;
- where the New Member hasn’t used or continued to top-up their Account (as we may consider in our sole discretion);
- you have used methods of promotion or distribution, or related strategy, that we (in our sole discretion) consider inappropriate, which shall include, but not be limited to:
- infringing or violating trademark or other rights of Honest Mobile or any third party;
- using promotional content other than provided to you by Honest Mobile which we deem inappropriate (and you shall forward any claims or complaints you may receive in connection with any promotional content to Honest Mobile immediately, and remove it immediately upon Honest Mobile’s request);
- Honest Mobile does not allow affiliates to bid on brand terms, nor are affiliates allowed to use these within a display URL in any PPC advertising. This also includes misspellings of the brand. Affiliates are now permitted to link directly to Honest Mobile’s site. You must not bid on any terms relating to any competitor of Honest Mobile. Any affiliates found to be doing so will be removed from the programme or not been awarded referral rewards
- using sites that include a Honest Mobile trademark, or the terms ‘Honest Mobile’ or any variation thereof in the main URL structure (i.e. http://www.HonestMobile-sim-cards.co.uk/). You may include Honest Mobile as part of a subdirectory (i.e. example.com/HonestMobile), or a subdomain (i.e. HonestMobile.example.com);
- Honest Mobile reserves the right to approve affiliates on exceptional cases to bid on relevant keywords. Explicit approval is required and all keywords must be pre-approved by Honest Mobile but on after direct written approval from Honest Mobile.
- impersonating Honest Mobile or promoting Honest Mobile in any way, including, but not limited to, via graphical images, logos, text or editorial copy, press releases or marks, that (i) could be interpreted to suggest that such content has been authored or otherwise provided by, or represents the views or opinions of, Honest Mobile; (ii) is misleading, defamatory, libellous, obscene, or otherwise objectionable; (iii) infringes, derogates, dilutes, or impairs the rights of Honest Mobile or any third party; (iv) refers to Honest Mobile but is used as part of a name of a product or service of a company other than Honest Mobile; or (v) is used in any other manner inconsistent with these terms and conditions or with any provision of law. We may at our discretion ask you to modify your promotional material or clearly state that your site is not official and to include links to honestmobile.co.uk.
- using sexually explicit materials or hate/ violent/ offensive content;
- promoting any discrimination including that based on race, sex, religion, nationality, disability, sexual orientation, or age;
- promoting illegal activities or otherwise, violate any applicable laws (this includes SPAM). If you want to send out any emails that advertise or promote Honest Mobile, you will need Honest Mobile’s approval. Emails or other communications must comply with all applicable law including laws relating to data protection and privacy and electronic marketing
- using fraudulent means to prompt clicks; or
- anything else which we might consider inappropriate and/or likely to bring Honest Mobile into disrepute.
We will keep our right, title and interest in the Honest Mobile names, logos, trademarks, service marks and copyrights, including those that we may use or develop in the future. Any goodwill resulting from your use of Honest Mobile’s name, logos, trademarks, service marks and copyright will not create any right, title or interest for you.
You will maintain the quality of your distribution services at a level satisfactory to Honest Mobile and notifying Honest Mobile of any problems with your participation in this distribution promotion. You shall provide us, on request, with any information we may reasonable require from time to time in connection with your distribution activity.
You confirm that:
- your promotion of Honest Mobile does not (i) infringe on Honest Mobile’s or any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable laws or regulations; (iii) contain defamatory or libellous material; (iv) contain lewd, pornographic or obscene material; (vii) contain viruses, Trojan horses, or other similar harmful programmes;
- you agree to indemnify, defend and hold harmless Honest Mobile and its affiliates, directors, officers, employees and agents, from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable legal fees) brought by a third party, arising out of a breach, or alleged breach, of any of your representations or obligations.
Honest Mobile may terminate the Honest Mobile scheme at any time, for any reason and if it notifies you of this you must immediately stop any distribution activity and stop using Honest Mobile’s name, logos, trademarks, service marks or creative work.
Opinions expressed on honestmobile.co.uk are those of the respective contributing users only. Such views do not represent those of Honest Mobile, its management or employees. Honest Mobile is not responsible for and disclaims all liability for Content and comments contributed by users.
You must not use the Blog to display any material which is:
- racist, sexist, homophobic, pornographic, obscene, profane, vulgar;
- defamatory of any person, entity or organisation;
- abusive, threatening or otherwise likely to be harmful to those persons likely to use the Honest Mobile site;
- in contravention of any relevant local, national or international law or which incites or encourages the contravention of any such law;
- otherwise offensive in the opinion of Honest Mobile;
- infringing of the Rights (including the Intellectual Property Rights) of any legal or natural person; or
- related to the conduct of a business other than Honest Mobile.
You understand that by posting to a Blog your post/comment can be traced to your specific user account containing your email address, user name, date and time of sign up and IP address at date and time of posting.
By posting comments on this Blog, you agree to allow the content to be re-used or quoted by Honest Mobile without notification.
Honest Mobile members under the age of 18 must seek parental or guardian consent prior to contributing to the blog.
Users sometimes include references to other websites beyond the control of Honest Mobile. As such Honest Mobile cannot be held responsible for the content of such websites. We will delete advertising posts as the Blog is not a means for advertisers to promote their websites or products. Honest Mobile moderators will decide what is acceptable or not on a case by case basis.
You shall retain exclusive ownership of all Intellectual Property Rights, as may accrue to you by operation of law, in any posts, material, commentary, ideas that you post on honestmobile.co.uk or any other website run by Honest Mobile (together the “Posts“).
If your Post or any element of it is accepted or implemented by Honest Mobile, you hereby agree to grant to Honest Mobile an irrevocable, non-exclusive, perpetual, royalty free, licence to use, copy, install, maintain, modify, enhance and adapt your Intellectual Property Rights in the Post (this licence shall survive the termination of these Terms and Conditions). Honest Mobile may also assign its licence to use your Intellectual Property Rights in the Post (or any part thereof) to any third party to which it may outsource the operation of a part of Honest Mobile’s operations or business provided such third party’s use, copying, installation, maintenance, modification, enhancement and adaptation is solely for the purpose of providing a service to Honest Mobile.
Honest Mobile shall be the exclusive owner of any Intellectual Property Rights which accrue with respect to any modifications, enhancements and/or adaptations which it makes to the Posts.
If you use your SIM Card in a mobile phone which enables access to the Internet (“Mobile Internet Phone”) the following terms and conditions also apply to you.
We or our contractual partners may provide links to web sites or resources. We neither accept responsibility for third party web sites or resources nor endorse their content.
You understand that you, and not us, are entirely responsible for all the visual, textual or other information that you upload, email or otherwise transmit via Internet access, whether publicly posted or privately transmitted.
Your dealings with, and interest in, promotions, services, or merchants found by using your Mobile Internet Phone on or via the Internet are solely between you and the person with whom you are dealing, unless explicitly stated by us. We will not be responsible for any losses or damages that may arise from any such dealings with third parties.
Access to secure financial transactions will be dependent on the make and model of your Mobile Internet Phone and the third party supplier of Content.
Limitation of Liability
Our liability shall not be limited to you in respect of death or personal injury to any person resulting from our own negligence and any other type of liability which we cannot exclude or limit under the laws of England and Wales.
Subject to any relevant clauses, we have no liability to you:
- other than to exercise the reasonable care and skill of a competent mobile telecommunications provider or retailer;
- if we cannot provide the Service to you because of something beyond our reasonable control;
- for losses that haven’t resulted naturally from our breach or that we couldn’t have foreseen, or loss of profit, loss of business, costs, expenses or any other form of financial loss. Nor shall we be liable to you for any loss of income, business or profits (including loss of revenue) or for any loss of data in connection with your use of the Service; or
- for the deletion, loss or corruption of any Content transmitted or maintained by the Network, unless caused by our negligence.
Subject to Clause 12.1, our liability to you under the Terms and Conditions will not exceed £30.
We will provide you with compensation that you are entitled to in accordance with your legal rights.
Your right to cancel
Subject to relevant clauses below, you are entitled to cancel your acceptance of these Terms and Conditions at any time up to 14 days after placing your order for the Service (the “Cooling-Off Period”), provided that you cancel in accordance with our cancellation policy or notify us in writing to Member Services. This does not affect your statutory rights.
Please note that by using your activated SIM Card you will be deemed to have accepted these Terms and Conditions. You agree that the Service may start before the end of the Cooling-Off Period. If you have used airtime credit or Bundle prior to cancellation you will not be refunded the used airtime credit or such proportion of the Bundle that you have used as calculated by us.
Our rights to bar or disconnect your SIM Card
If your SIM Card is disconnected, you will lose any remaining credit or Bundle balance on your Account. Honest Mobile recycles numbers and we will not be able to reconnect once a number is disconnected and recycled. Honest Mobile may reconnect you if any disconnection was due to our negligence.
Mobile phone locking
Your mobile phone may be locked to another Network. If this is the case, be aware that unlocking your handset may invalidate your handset’s warranty and/or permanently damage the handset or the data stored on it, and does not excuse you from any contractual obligations you may have with the original Network owner. Failure to enter the correct unlocking code may result in your mobile phone becoming permanently blocked. We are not responsible for mobile phones blocked in this way.
From time to time we may invite you to take up offers, additional services or promotions. Those offers, additional services, or promotions may have additional terms and conditions. See promotional terms
Changes to these Terms and Conditions
We reserve the right to change our Terms and Conditions from time to time. We will notify you of any changes to these terms by posting them on our website at honestmobile.co.uk. We may also notify you by voicemail, text or media message, by means of national advertising campaigns or by email.
Use and Disclosure of Information
17.2 You authorise us to use and disclose, in the UK and abroad, information about (i) you, your use of the Service (including, but not limited to, phone numbers and email addresses of calls, texts and other communications made and received by you and the date, duration, time and cost of such communications), (ii) how you conduct your account and (iii) the location of your mobile phone, for the purposes of operating your account and providing you with the Service or as required under law to our associated companies or agents, any telecommunications company, debt collection agency or credit reference agency. You agree that the information may be used by other parties in assessing applications for credit from you and members of your household and for debt tracing, credit management and may be used by us or other parties for crime and fraud detection and prevention.
You can change your marketing contact preferences at any time through the contact preferences section of your Account (which can be found in My profile and settings). If you’re not a registered Member yet, and you wish to opt-out of communications from us, send an email to contact@HonestMobile.co.uk. Neither we nor third parties will ever send marketing information to Members who are opted out of receiving it.
If either of us fails to enforce our rights under the Terms and Conditions, it shall not prevent either of us from taking action later.
Each sub-clause in these Terms and Conditions operates separately. If any part is found by a court to be unreasonable or inapplicable the other parts will continue to apply.
These Terms and Conditions are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the courts of England and Wales.
How to Contact Us
If you need to contact Honest Mobile Member Service please visit honestmobile.co.uk and click on ‘Contact Us’. The European Online Dispute Resolution site ec.europa.eu/consumers/odr/ allows consumers to submit disputes relating to online purchases with us. If you’re unhappy with any part of our service and want to make a complaint please check our Complaints code of practice. This includes the latest information on alternative dispute resolutions.
Fair Usage Policy
The following Fair Usage Policy applies from the 01 April 2019.
Roaming in the EU and selected destinations
All our members have certain usage obligations which we ask that they consider as part of use of our Service in relation to our EU and selected destinations roaming. Generally speaking, these obligations require your use of our services to be for private, personal, and non-commercial purposes as we mention in our Terms and Conditions, but also extend to how you use roaming abroad.
These Fair Usage Guidelines explain your usage obligations when roaming in the EU and selected destinations, how to avoid breaching these obligations and what will happen if your usage breaches these obligations and falls outside this Fair Usage Guidelines.
You may only use our services in the EU and our other selected destinations (excluding the UK) for periodic travel, like holidays or short breaks. IIf you’re on our 100GB plan, there’s a 20GB fair usage policy outside the UK. Once you hit this, you’ll be charged at the out of bundle rate.
You must not engage in the organised, fraudulent resale of our services. If we reasonably suspect you to be doing so, we reserve the right to take appropriate action to stop such resale.
What to avoid:
Using our services for the first time outside of the UK, using a large volume of your allowance (be that text, calls or data) in the EU and our other selected destinations (excluding the UK), or using our services and travelling within the EU and our other selected destinations (excluding the UK) for prolonged periods which don’t follow reasonable consumer holiday and travel patterns and behaviour. If you use our services outside the UK in the EU and our other selected destinations for 63 or more days in any four-month period and you cannot demonstrate prevailing use or presence in the UK this is likely to be deemed to be an unfair use of our services. When this happens charges will apply (see below), but we will always contact you 14 days before this time to make you aware of this. These charges will cease to apply when your behaviour is in accordance with this policy.
Please remember that the examples above aren’t an exhaustive list of how you could be breaching our Fair Usage Policy. Other activities which we reasonably believe to be outside of legitimate consumer use may also be subject to the terms in this Fair Usage Policy.
What happens if your usage falls outside this Fair Usage policy?
Calls, texts and data:
If we reasonably suspect you’re not acting in accordance with this policy, we reserve the right to impose further charges or disconnect your SIM card or your subscription at any time, having attempted to contact you first.
If you want to complain about our services, please use the form below. If we don’t resolve your complaint you can contact the Ombudsman Services as outlined in the website terms and conditions. They offer a free, independent service, but will only deal with your complaint if it’s still unresolved after 8 weeks or there is a deadlock situation.