(A) FONEFUNSHOP LTD. has developed a service front-end facility that enables the creation of Unlock Codes.
(B) FONEFUNSHOP LTD. has entered into agreements with payment service providers to accept financial transactional payments in exchange for the service (the "Service")
(C) You (the "Customer") wish FONEFUNSHOP LTD. to provide you with the Service.
(D) The price for the service ("the Price") shall be the quoted price of the Seller, and payment of the Price shall be made by the Customer before delivery of the service.
2.1 In consideration of the Customer agreeing to the following terms and conditions, FONEFUNSHOP LTD. agrees to provide the Customer with Services in accordance with this Agreement.
2.2 FONEFUNSHOP LTD. reserves the right to amend, with reasonable notice, the cost, Unlock Code and any other aspect of the service issued to The Customer.
2.3 FONEFUNSHOP LTD. shall deliver the Service to the Customer via electronic mail (e-mail) to the address of the Customer provided at the point of order and in a reasonable and timely manner. The definition of reasonable and times shall be at the full discretion of FONEFUNSHOP LTD. Approximations of code waiting times are given prior to point of sale, these approximations are calculated on previously delivered code wait time averages and are subject to change without notice. If a code is still processing after the approximated time FONEFUNSHOP LTD will endeavour to pursue delivery of the service, however due to the bespoke nature of the service a cancellation will not be permitted until service is completed.
2.4 This Agreement shall come into force immediately and shall cease on delivery of the Service to the Customer.
3.1 The price is determined by and quoted by FONEFUNSHOP LTD., and payment of the Price shall be made by the Customer before delivery of the Service.
3.2The Customer shall be liable to pay all and any additional charges in connection with the use of the Services.
4.1 EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT FONEFUNSHOP LTD. HEREBY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL OTHER STATEMENTS, CONDITIONS OR WARRANTIES, EXPRESS AND/OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING AS TO, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY, OR SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE RELATING TO THE SERVICES.
4.2 FONEFUNSHOP LTD. DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM TELECOM NETWORKS. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES OR OTHERS CAN IMPAIR OR DISRUPT THE FLOW OF DATA. FONEFUNSHOP LTD. CANNOT PROVIDE ANY ASSURANCE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, FONEFUNSHOP LTD. DISCLAIMS ANY LIABILITY WHATSOEVER RESULTING FROM OR RELATED TO SUCH EVENTS.
Limitation of Liability --
5.1 WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL FONEFUNSHOP LTD. BE LIABLE TO THE CUSTOMER IN CONNECTION WITH THE PROVISION OR USE OF THE SERVICES OR ANY OTHER OBLIGATION OF FONEFUNSHOP LTD. UNDER THIS AGREEMENT FOR ANY LOSS OR DAMAGES WHICH MAY BE SUFFERED BY THE CUSTOMER (OR ANY PERSON CLAIMING THROUGH OR UNDER THE CUSTOMER), WHETHER SUCH LOSSES OR DAMAGES ARE SUFFERED DIRECTLY OR INDIRECTLY OR ARE IMMEDIATE, INCIDENTAL OR CONSEQUENTIAL, WHICH FALL WITHIN THE FOLLOWING CATEGORIES:
A) LOSS OF OR DAMAGE TO TANGIBLE OR INTANGIBLE PROPERTY
B) LOSS OF REVENUE OR PROFITS OR ANTICIPATED PROFITS
C) LOSS OF ANTICIPATED SAVINGS
D) LOSS OF BUSINESS OPPORTUNITY OR GOODWILL
E) LOSS OF DATA
F) LOSS OF BARGAIN
G) BUSINESS INTERRUPTION
H) ECONOMIC OR CONSEQUENTIAL LOSS OF ANY NATURE
I) EXEMPLARY OR PUNITIVE DAMAGES; OR
J) SPECIAL DAMAGE,
THIS CLAUSE SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, OR ANY OTHER THEORY OF LIABILITY, IN CONNECTION WITH THIS AGREEMENT AND EVEN IF FONEFUNSHOP LTD. WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.2 NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL FONEFUNSHOP LTD.'S CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED £50.
5.3 NOTHING HEREIN SHALL EXCLUDE OR LIMIT THE LIABILITY OF FONEFUNSHOP LTD. FOR DEATH OR INJURY RESULTING FROM ITS ACT OR OMISSION HEREUNDER
THE CUSTOMER UNDERSTANDS AND AGREES THAT THE REMEDIES, EXCLUSIONS AND LIMITATIONS IN THIS AGREEMENT REFLECT A REASONABLE ALLOCATION OF THE RISKS OF PRODUCT AND SERVICE NONCONFORMITY BETWEEN THE PARTIES TAKING INTO CONSIDERATION, AMONGST OTHER THINGS, THE RESPECTIVE BARGAINING POSITIONS OF THE PARTIES, THE LEVEL OF FEES CHARGED AND THE AMOUNT OF INSURANCE INDEMNITY AVAILABLE TO FONEFUNSHOP LTD. AND THE CUSTOMER IN THIS RESPECT. THE CUSTOMER FURTHER UNDERSTANDS AND AGREES THAT THE FEES CHARGED IN RESPECT OF THE SERVICES HEREIN REFLECT, AND ARE SET IN RELIANCE UPON, THIS ALLOCATION OF RISK AND THE EXCLUSION OF CONSEQUENTIAL DAMAGES AND LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT.
Warranties and Indemnities --
7.1 The Customer warrants and undertakes that:
(a) it shall not knowingly use the Service for unlawful purposes;
(b) it shall not knowingly use (or authorise or permit any other party to) the Services to receive or transmit material which is in violation of any law, regulation, or which is obscene, threatening, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property right (including copyright), or is otherwise unlawful;
(c) it shall not knowingly use (or authorise or permit any other party to) the Services in any way that contravenes or violates any law, regulation or code of practice regulating the provision of such Services, or which would result in FONEFUNSHOP LTD. contravening or violating any law, regulation or code of practice regulating the provision of such Services;
(d) it shall not knowingly or recklessly transmit any electronic material (including viruses) through the Services which shall cause or is likely to cause detriment or harm, in any degree, to computer systems owned by FONEFUNSHOP LTD., other customers of the Service, or any other Service users;
7.2 Any breach of these obligations shall entitle FONEFUNSHOP LTD. immediately to terminate this Agreement and the provision of Services to the Customer without prior notice.
7.3 The Customer hereby agrees to fully indemnify and to hold FONEFUNSHOP LTD. harmless from and against any claim brought by a third party resulting from the use of the Services by the Customer and in respect of all claims, losses, damages, liabilities, obligations, costs and expenses, including reasonable legal fees and expenses, whatsoever ("Claims") suffered or incurred by FONEFUNSHOP LTD. in consequence of the Customer's breach or non-observance of these terms and conditions.
Force Majeure --
Neither party shall be liable to the other for any loss of data or if the performance of its obligations under this Agreement is prevented or hindered or delayed, in whole or in part, as a result of acts or omissions, events, causes, or conditions that could not be avoided by the exercise of due care by such party which include, acts of God; omissions of the other party or third party non-performance; failure of or defect and errors in third party software and hardware; acts of government; civil disobedience or insurrection; lock-outs; earthquakes; freight embargoes; acts of civil or military authority; national emergencies; fire, flood or catastrophe; war or riots.
9.1 FONEFUNSHOP LTD. reserves the right to vary these terms and conditions from time to time. Such changes shall be notified to the Customer in writing and by posting on the FONEFUNSHOP LTD. Website (www.fonefunshop.com). Changes in this manner shall be deemed to have been accepted if the Customer continues to use the Services after a period of two weeks from the date that the Customer receives notice in writing.
9.2 Except as expressly provided in this Agreement, nothing in this Agreement will create or confer any rights or other benefits on or in favour of any person who is not a party hereto whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise.
9.3 This Agreement contains the whole agreement between the parties in respect of the Services and supersedes any prior written or oral agreement between them relating to it and the parties confirm that they have not entered into this Agreement on the basis of any representations that are not expressly incorporated in this agreement.
9.4 The Customer acknowledges that it has read and accepts the terms and conditions of this Agreement. Use of the Services by the Customer or execution of an order form by the Customer shall be deemed as acceptance of the terms and conditions of this Agreement.
9.5 Service performance can only be guaranteed if all information provided at the point of order by the Customer is correct and all instructions are followed precisely, the mobile phone is not stolen, blacklisted or already unlocked, and the IMEI number has never been altered, changed or tampered with in any way. Also if the phone has never undergone an attempted unlocking with codes in the past
A refund shall not be warranted if all of these criteria are not met. FONEFUNSHOP LTD. will endeavour to solve any problem any customer may have while attempting to use our service, however liability for the success of the service lies solely with the consumer. Furthermore, FONEFUNSHOP LTD. cannot guarantee that this service will enable the target handset to operate on any specific network. Certain handsets will only operate on certain networks (ie none 3 network compatible phones will not work on 3 network as they do not contain compatible 3 hardware.)
9.6 This Agreement shall be governed by and construed in accordance with the laws of England and the Customer hereby submits to the exclusive jurisdiction of the courts of England.
9.7 The unlock code you are given is what you are purchasing. FoneFunShop LTD. its affiliates and its parent company cannot be held liable or responsible for any failure to make that code unlock the phone, or for any subsequent failure of the phone as a result of any deviation from the strict instructions.
9.8 The customer agrees that once the order is processing through our fully automated system, it is not eligible to be cancelled under any circumstances. Due to the service we provide being based on the specific content of the order, the customer agrees to indemnify FONEFUNSHOP LTD. free of any obligation in accordance with the Distance Selling Regulations. Furthermore if the customer should chargeback the cost of the service after it has been received then the customer agrees FONEFUNSHOP LTD. will charge a £50 administration fee to recover monies owed as well as any further legal and associated costs.
9.9 The customer agrees that it is the customers responsibility to check local laws to confirm unlocking the customers phone is legal in their country. Also any customer receiving any unlocking equipment or services are required to check local laws before purchasing. FoneFunShop Ltd. are not responsible for any law infringements made by its customers.
10.0 Once an unlock code is ordered and paid for, it cannot be cancelled under any circumstances.
Unlock codes are handled within our automated system and cannot be halted, modified, or cancelled once the ordered and paid for.
Unlock codes are bespoke items, FONEFUNSHOP LTD buy the codes on behalf of the customer based on the customers phone IMEI number.
Bespoke Unlock codes are unique to the customers phone IMEI number and cannot be resold like other physical stock items.
10.1 Where an unlock code can not be found, FONEFUNSHOP LTD. will attempt to refund the customer within 48 hours. This time starts from when FONEFUNSHOP LTD. is notified that the unlock code is not available. It may take longer for the customer to have access to the refunded money depending on the payment processor and/or the customer's credit/debit card provider.
10.2 Where a customer requests a refund due to the unlock code not working, they will need to provide the following video evidence via the support links before a refund can be offered. Before providing video evidence the customer should contact the support department for help and to see if alternative unlock methods are available.
- Video the back of the phone with the battery removed clearly showing the label under the battery. Then replace the battery and cover.
- Type *#06# (or any other way of displaying the IMEI on the phone’s LCD) on the phone then wait 5-10 seconds until we can clearly see and read the IMEI of the phone displayed. If present, the operator (on which the phone is currently locked) logo should be clearly visible.
- Insert, in the same phone, a SIM card which is not currently accepted by the phone.
- Wait 5 seconds until we can clearly see and read the message displayed by the phone
- Enter the code received by the server, VERY SLOWLY, and the keys being pressed (or touched) must be clearly seen in the video as the code is entered into the phone.
- If you get an error message, wait 5 seconds so we can clearly see this message
- Please make sure the video is correctly focused and the codes, messages, IMEI are all visible on the phone’s display.
Rights of Consumer -- Nothing in these Conditions shall affect the statutory rights of a consumer..
Network Unlock Specific Terms
AT&T iPhone Unlocking
If customer doesn't pay bill or they find out phone is / was stolen or still under contract AT&T have the right to RE-LOCK the phones. This has now happened to a number of imeis which we unlocked. What this means is ANY ATT (unless clean off contract fully finished code 52) that it can be relocked any time by ATT. This is not in our hands and therefore cannot be held liable for it. Therefore if you submit AT&T iphone and you get it marked "unlocked" once phone is UNLOCKED we are not accountable or responsible if phone is relocked... at ANY time. If you don't accept these terms and conditions then DO NOT SUBMIT ..