1. Definitions

1.1 In this Agreement, certain words shall have the following meanings:

"Additional Services" means optional services which you may choose to take from us, such as, roaming and international services, premium rate services, directory enquiry services, Content and third party services;

"Agreement" means these terms and conditions (together with any other terms that we may notify you of from time to time) and our Privacy Policy;

"Artificially Inflated Traffic" means any situation where the flow of calls, SMS, MMS and/or data to any particular revenue share service and/or GSM Gateway is, as a result of any activity on or on behalf of the party operating that revenue share service or GSM Gateway, disproportionate to the flow of calls which would be expected from good faith commercial practice and usage of the Network;

"Charges" means all the charges associated with the Services and Additional Services including but not limited to any connection fee (a once only payment if applicable), monthly (or other periodic) line rental charge, call, SMS, MMS, browsing, GPRS and data charges and any other charges in respect of the Services provided to you or someone else using your Mobile Device; Charges also includes Early Termination Fees;

"Content" means textual, visual or other information, software, photos, video, graphics, music, sound and other material appearing on or available through the Services including all information supplied by content providers from time to time;

"Early termination fees" means the charges made up of the remaining time left on your plan if you decide to end your services with us during the minimum contracted period;

"Equipment" means equipment we provide to you or which is used by you in your use of the Services, including, your Mobile Device (including any new Mobile Device issued in an Upgrade) and accessories (but not including your SIM Card), data card, USB modem and other GSM/UMTS equipment;

"EU Roaming Regulations" means Directive 531/2012 of 13 June 2012, Directive 2015/2120 of 25 November 2015 and Commission Implementing Regulation of 15 December 2016.

"EEA" means the European Economic Area, being the 27 EU Member States (other than the UK), Norway, Iceland, Lichtenstein and the Outermost Regions of Martinique, Mayotte, Guadeloupe, French Guyana, Réunion, Saint-Martin, Madeira, the Azores and the Canary Islands.

"GPRS" means the General Packet Radio Service provided by us, which may form part of the Services;

"Group" means Pimoroni Limited, together with any subsidiary and holding companies and any subsidiaries of such holding companies whether direct or indirect from time to time;

"GSM Gateway" means a single point of access to a GSM network capable of using multiple SIM Cards;

"Pimoroni app" means any free software for compatible devices that we may make available to you for managing your Pimoroni account and which may change from time to time;

"Info" means switching customer information which may include, but it is not limited to, any outstanding and unbilled balances and any early termination fees;

"List of Charges" means the details of our Charges which are available on our Website at https://pimoroni.com/ alongside the supply of the service.

"Minimum Period" means any minimum period for you to receive and pay the Services (where applicable in relation to your specific agreement), which starts from the day on which the Services are first provided or from the day on which your Upgrade is effective (as applicable);

"MMS" means Multimedia Messaging Service;

"Mobile Device" means a cellular telephone, modem or other device used by you to receive or use the Services;

"Mobile Hotspots" are portable devices or features on smartphones that provide wireless Internet access for multiple devices at the same time (for example a laptop, smartphone, MP3 player, tablet, portable gaming device, etc.);

"Network" means the public switched telephone network and/or a wireless telegraphy telephony link by means of a cellular radio system used by us to provide the Services;

"Order" means any order that you submit to us verbally, in writing or via our online shop for any of the of the Services;

"Payment Method" means the payment details that you provided in order to pay for the Services;

"Personal Information" means the details you provide to us and any information generated through your dealings with us or use of the Services;

"Right to Exit" means when we make changes to your existing contract that you are not previously told about, not to your benefit, not required by law or regulatory body or not an administerial change and you are affected by the contractual modification, you will be given an option to terminate your contract;

"Services" means all or part of an internet service provided through the Network and includes any service or facility comprised of the Services, which may  include the ability to make and receive calls, to send and receive data by means of the Network, to send and receive e-mails via the Internet, to access information from the Internet, GPRS and any additional service or product including without limitation, insurance and any other home service supplied to you by us from time to time;

"SIM Card" means the Subscriber Identity Module card containing data (including your identity) used to receive the Services;

"SMS" means Short Messaging Service;

"UK" means the United Kingdom excluding Isle of Man and the Channel Islands;

"VAT" means value added tax chargeable under the Value Added Tax Act 1994 (or its successor Acts) and any similar replacement or additional tax;

"Website" means https://pimoroni.com and any additional websites linked from such website or such other website used by us to promote and support the Services;

"we", "Pimoroni", "Pimoroni Clipper", "Clipper Cellular", "us" and "our" means Pimoroni Ltd,  of 9th Floor 107 Cheapside, London, EC2V 6DN, and

"you" and "your" means the customer with whom we make this Agreement, and it includes a person who is acting or using any Equipment with your authority or knowledge or who we reasonably believe is doing so.

2. Our Provision of the Services

2.1 This Agreement relates to your purchase and use of the Services. This Agreement does not cover any other products or services that you may purchase from us.

2.2 This Agreement will start when we connect you to the Network. By inserting your SIM Card into a Mobile Device you are expressly requesting that we provide you with the Services.

2.3 We will exercise reasonable skill, care and diligence in providing the Services to you. We do not warrant that the Services will meet your exact requirements or that they will always be available.

2.4 The Services may not be available in all parts of the United Kingdom, in the EEA or abroad. The Services may also not be available outside the EEA unless you have international roaming and in any event may not be available in all areas abroad.

2.5 The Services are not fault free and may be impaired by issues including:

(a) too many people trying to use the Network;

(b) geographical, topographical, atmospheric, or other conditions (including buildings and underpasses);

(c) repair, maintenance and upgrade works to the infrastructure used to provide the Services; and

(d) circumstances beyond our reasonable control.

2.6 If you instruct us to alter your use of the Services (including changes to any Payment Method or Top-Up method) we will use reasonable endeavours to do so as soon as possible. We will not be liable to you for any costs, expenses or claims arising directly or indirectly out of any delay.

2.7 We only provide Machine to Machine (M2M) data services intended for IoT style applcations. There is no provision for calling, SMS, MMS, Emergency calling or other cellular services. 

3. Duration

3.1 This Agreement will start when you purchase the SIM card. By inserting your SIM you are expressly requesting that we provide you with our Services.

3.2 Your purchase of a SIM may be linked with your Pimoroni account and we shall share such data as necessary to ensure the functioning of the SIM service and to comply with legal requirements.

3.3 The Introductory Period under this Agreement will start when you purchase the SIM card.

3.4 Upon expiry of the Introductory Period, you will need to apply Credit to your account or purchase Additional Services in order to continue to use the Services.

4. Provision of the Services

4.1 The Services may not be available in all parts of the United Kingdom or abroad. You may not be able to use the Services which we agree to provide to you in all countries. We reserve the right to add to, substitute, or discontinue any additional Services at any time. We do not guarantee that we will continue to provide any particular Additional Services. Not all mobile devices will be able to receive the Services.

4.2 EU Roaming Regulations do not apply to Pimoroni given the nature of this Service.

4.3 The Services are not guaranteed to be fault free and they may be impaired by things such as too many people trying to use the Network, geographical, topographical, atmospheric, or other conditions (including buildings, underpasses and other causes of interference) and/or circumstances beyond our reasonable control. Overseas networks may also be limited in quality and coverage. Outside the EEA, access to overseas networks will depend upon the arrangements between the foreign operators and us, details of which are available on the Website and which may change from time to time.

4.4 The network coverage and the data speed will vary due to a number of factors including your location, local geography, congestion, your plan and the type of device that you are using.

4.5 If you experience continuous or recurring disruption of our Services or if there is a technical fault on our network that is caused by us, you may be entitled to a partial or full credit of your charges based on severity of the disruption caused and the number of days your Services remained disrupted. To receive credit of your charges, you must report to us the nature of the disruption you experienced as soon as reasonably practicable, and no later than 6 months after the disruption began. We will then investigate the severity and its impact on your Services against your typical usage history and take next steps to resolve the disruption reported.

4.6 We aim to connect your SIM Card to the Services within 14 days of accepting your order. We will use reasonable endeavours to complete your order as soon as possible, but there may be a delay in your order being completed. We will not be liable to you for any costs, expenses or claims arising directly or indirectly out of such delay.

4.7 You may use the Services to access or link into websites, resources and/or networks worldwide. We accept no responsibility for the content, services or otherwise in respect of these and you agree to conform to the acceptable use policies of such websites, resources and/or networks.

4.8 By default, billing and account information is provided through your Pimoroni account at https://pimoroni.com/. Please visit the Pimoroni website for methods of contact – https://pimoroni.com/

4.9 Devices sold directly from us as part of an agreement or purchased standalone are not locked to the Pimoroni network and will continue to be unlocked. The software in the devices and all intellectual property rights in that software is owned or licensed by the manufacturer and you are being allowed to use the software on a limited licence from the manufacturer.

4.10 As a M2M style data service, you cannot use the Service to call the emergency services.

4.11 We do not offer a PAC / STAC service.

5. Your responsibilities

5.1 You are responsible for managing your account on the Pimoroni website – https://pimoroni.com/. You must provide us with a current email address for contact and account administration purposes and tell us promptly if you change your email. It is up to you to check that your mailbox is in proper working order; we are not responsible for errors in sending and receiving email, unless caused by our negligence.

5.2 It is your responsibility to provide accurate Personal Information. It is a condition of this Agreement that you provide us with a current email address for account management purposes and that you maintain this address and advise us promptly of any changes to it.

5.3 You may only use the Services as set out in this Agreement and for your own personal or immediate business use. You must not resell or commercially exploit any of the Services or content.

5.4 You must not use the Services, the SIM Card or any Equipment or allow anyone else to use the Services, the SIM or any Equipment for illegal or improper uses, including but not limited to:

5.4.1 fraudulent or criminal acts;

5.4.2 in any way which breaches another person’s rights, including rights of privacy or of copyright or other intellectual property rights;

5.4.3 the copying, storage, modification, publishing or distribution of the Services or their content;

5.4.4 in any way which breaches any security or other safeguards or any other way which harms or interferes with the Network, the Services, disruptions to emergency services or the networks or systems of others;

5.4.5 the use or disclosure of details relating to Pimoroni customers or other misuse of personal data;

5.4.6 for any immoral, obscene, defamatory, harmful, offensive or unlawful purpose or for anything which is racist, offensive, abusive, indecent, defamatory, obscene or menacing, a nuisance or a hoax;

5.4.7 to cause annoyance, inconvenience or needless anxiety as set out in the Communications Act 2003 as amended or replaced from time to time; or

5.4.8 to generate Artificially Inflated Traffic.

Any such use shall give us the right to terminate this Agreement and the Services immediately and charge you any Charges due.

5.5 You must always co-operate with us and follow our reasonable instructions to ensure the proper use and security of the Services and account. Where a Mobile Device is provided, you must only use such a device for connection to the Network and also comply with all relevant legislation relating to its use.

5.6 The SIM Card we provide does not belong to you but remains our property. You may not sell your SIM Card, or agree to transfer them to anyone else without our consent.

5.7 If the SIM Card is lost, stolen, damaged, destroyed or used in an unauthorised manner we may charge you for a new SIM card. You will be responsible for any Charges incurred as a result of unauthorised use of the Services and/or the SIM Card, or the information contained within your SIM Card, until you have notified us of the need to suspend the Services, e.g. as a result of your loss of your SIM Card.

5.8 You must:

5.8.1 take adequate precautions to prevent loss or theft of your SIM Card;

5.8.2 inform our customer services as soon as possible if you do lose your SIM Card. Please visit the Pimoroni website for methods of contact - https://pimoroni.com if your SIM Card is lost, stolen, damaged, destroyed or likely to be used in an unauthorised manner and to co-operate with us in our reasonable security and other checks.

5.9 We are providing the SIM Card and the Services solely for your own personal use (and not for immediate business data connection purposes) and you may not re-sell or otherwise act as any form of distributor in respect of the SIM Card, the Content, the Services or your number, code or any associated number. You must not connect a GSM Gateway to the Network or otherwise establish, install or use a GSM Gateway in relation to the Network or the Services without our prior written consent, which may be withheld at our absolute discretion.

5.10 You must tell us immediately if anyone makes or threatens to make any claim or issues legal proceedings against you relating to your use of the Services 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.

6. Problems with the Device

6.1 Please contact the retailer from whom you bought the Device if you have any problems with it.

7. Problems with the Services

7.1 Please contact us if you have any problems with the Services. Please visit Pimoroni’s website for methods of contact https://pimoroni.com/

7.2 If you no longer want to continue using the Services, we recommend you destroy the SIM card and not return the SIM card to us. It will automatically disconnect after approx 6 months of no chargeable Service or Top-Up and you will not be refunded for any remaining Top-Up credit. We do not support transferring the number to other networks.

8. Things we may have to do

8.1 Occasionally we may have to:

8.1.1 alter the mobile phone number or any other name, code or number or technical specification associated with the Services for reasons beyond our control such as where requested to do so by a governmental or regulatory body or where we reasonably believe that the alteration will enhance your use of the Services. If this is the case, we will give you reasonable notice;

8.1.2 change your SIM Card;

8.1.3 give you instructions which we believe are necessary for reasons of health, safety or the quality of Services to you or any other customer;

8.1.4 temporarily suspend the Services (or any part of them) for operational reasons or in an emergency or for reasons of security; and/or

8.1.5 bar certain numbers from the Services on a temporary or permanent basis in order to prevent fraud or in circumstances where we would suffer a loss or damage.

8.2 From time to time we may have to migrate your account from one billing platform to another. In these circumstances, we will notify you if migration of your account will affect the Services to your detriment in any way.

8.3 If we believe that we may be unable to continue to provide the Services on a particular network for any reason, such as planned or unplanned incidents impacting Services, we may transfer the mobile phone number to another network. On transfer, we will attempt to continue to make available to you the Services, or similar services.

8.4 We reserve the right to monitor your usage. If we reasonably determine that your use is in detrimental to the service or in breach of this Agreement we may:

8.4.1 request you to moderate your use; and/or

8.4.2 suspend your Service.

8.5 We reserve the right to manage your use of the Pimoroni service in order to protect it for the use of all our customers. Therefore, we may deploy traffic management measures from time to time in an event which in any way breaches security measures, harms or interferes with our network, systems or services or legally required. We reserve the right to review and amend any such measures from time to time.

9. Our right to bar or disconnect

9.1 We can, at our discretion, bar your SIM Card from sending or receiving data and/or disconnect your SIM Card from the Network:

9.1.1 if you have done anything that would entitle us to terminate the Agreement (in which case, if we do this, we can still also terminate this Agreement if we wish);

9.1.2 in the event of loss or theft or if we have reasonable cause to suspect fraudulent use of a Payment Method, your SIM Card, and/or Device; or

9.1.3 if you are persistently abusive or make threats or otherwise act illegally towards our staff or property, or that of our agents

9.2 You must pay any reconnection costs if we bar your access to the Services and/or your Device or SIM Card are disconnected from the Network;

9.3 If we bar your Services because you breach this Agreement, the Agreement will still continue until it is ended by notice in accordance with clause 10;

9.4 We will not refund any unused Credit during or after expiry of the Introductory Period if we exercise our right to disconnect or bar you from the Network.

10. Suspension and termination of the Agreement

10.1 You may terminate this Agreement by contacting us at any time. Please visit Pimoroni's website for methods of contact https://pimoroni.com/ to give us notice of termination. You will not be able to claim back any Credit on your Account or any sums in relation to any unused part of the Introductory Period. This Agreement will terminate once we have processed your request;

10.2 Either of us may terminate this Agreement at any time on notice to the other, without any liability, if that other party (the "Defaulting Party");

10.2.1 breaches this Agreement in a material way and does not put it right (where it is possible to do so) within a reasonable period after a request to do so; or;

10.2.2 has bankruptcy or insolvency proceedings brought against it;

10.3 We may terminate this Agreement at any time on notice, without liability, if

10.3.1 we have reasonable cause to suspect a fraudulent payment has been made to purchase the Device, the SIM Card or the Services;

10.3.2 we have reasonable cause to suspect that this Agreement has been entered into fraudulently or we are satisfied that fraudulent or improper use of the SIM Card or any Equipment is taking place; or

10.3.3 you do anything (or allow anything to be done) which we reasonably think may damage or affect the operation of the Network such as for example creating a GSM Gateway, Artificially Inflated Traffic or similar.

10.4 You may also end this Agreement, without penalty, immediately by notifying us if;

10.4.1 the Services are no longer available to you for a significant period of time (such a period not to be less than 7 days); or

10.4.2 we notify you of an upcoming change or variation of the terms of this Agreement in accordance with clause 1 and you notify us before those changes take effect;

10.5 We may also end this Agreement immediately by notifying you;

10.5.1 where we have reasonable cause to believe that the Services are being used (even if you do not know that the Services are being used in such a way) in a way contrary to clause 2 to 5.11 (inclusive);

10.5.2 we have reasonable cause to suspect the SIM Card, the Device and/or the Services have been purchased through fraudulent means or that this Agreement has been entered into fraudulently; or

10.5.3 if you do anything (or allow anything to be done) which we reasonably think may damage or affect the operation of the Network.

10.5.4 if there is no chargeable activity for 180 days or more.

10.6 If you wish to terminate this Agreement, please visit Pimoroni's website for methods of contact https://pimoroni.com;

10.7 If this Agreement is ended;

10.7.1 your access to the Services will be disconnected;

10.7.2 Any unused Credit or will be lost (whether or not this Agreement is ended during the Introductory Period);

10.7.3 you will no longer be entitled to use any number associated with your SIM Card unless you have ported the number to another network.

10.8 We may suspend or terminate the provision of the Services where this is strictly necessary:

10.8.1 for reasons outside of our control; or;

10.8.2 if any agreement, giving us access to any part of or the ability to provide the Services is suspended or terminated.

10.9 If the Services are suspended, this Agreement will still continue.

10.10 If we elect to suspend the Services rather than to terminate them as a result of your breach of the terms of this Agreement, we reserve the right not to provide them again until you confirm that you will use the Services only in accordance with the terms of this Agreement. We will continue to provide access to emergency services.

10.11 Notwithstanding the provisions of this clause, you may be able to terminate this Agreement in accordance with the terms of sale (or similar) that apply to you.

11. Internet Access

11.1 If you have a Mobile Device, which enables access to the Internet ("Mobile Internet Device") the following terms and conditions also apply to you.

11.2 The Internet is not a secure environment. Unwanted programs or material may be downloaded without your knowledge, which may give unauthorised persons access to your Mobile Internet Device and the information stored on your Mobile Internet Device. These programs may perform actions that you have not authorised, possibly without your knowledge.

11.3 We or our contractual partners may provide links to other websites or resources. We neither accept responsibility for third party websites or resources nor endorse their Content. Your dealings with, and interest in, promotions, services or merchants found by using your Mobile Internet Device are solely between you and the person with whom you are dealing. You are solely responsible for evaluating the accuracy and completeness of any of the Content and the value and integrity of goods, services offered by third parties over the Services. We will not be a party to or in any way responsible for any transaction concerning third party goods, and services or for any losses or damages that may arise from any such dealings with third parties except in the case of negligence on our part.

11.3 For Internet access, you understand that all the visual, textual or other information published or otherwise made available (directly or indirectly) on the Internet using the Services whether publicly posted or privately transmitted, is the sole responsibility of the person from which such information originated. This means that you, and not us, are entirely responsible for all information that you upload, email or otherwise transmit via the Internet.

11.4 We will use reasonable endeavours to maintain the Content produced or published by us but it may be incomplete, out of date or inaccurate and is provided on an "as is" basis. It is a condition of us allowing you access to the Content that you accept that we will not be liable for any action you take in reliance on the Content. We may vary the Content or the technical specification of the Services from time to time.

11.5 The Services enable access to the Content. You may only use the 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. The reselling, 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 the Content for your personal use only.

12. Charges

12.1 The Charges for the Services will be calculated in accordance with your Tariff and our List of Charges using the details we have recorded. The List of Charges may change from time to time.

12.2 You must pay to us all the Charges arising under this Agreement whether incurred by you or anyone else using your Mobile Device and/or SIM Card with or without your knowledge at the times and in the manner set out in this Agreement.

12.3 Upon expiry of the Introductory Period, you will be required to purchase top up credit or optional bundles in order to use the Services. You will not be able to use the Services if you have no Credit on your Account or allowances which provide access to the Services. Credit and allowances are non-refundable. Upon expiry, any unused Credit or allowances will be lost.

12.4 Unless an additional Top-Up has been made, any unused Credit will expire after a period of 180 days from the date of purchase and unused allowances will expire as specified and this is non-refundable.

12.5 If you don't apply any Credit to your account, purchase a bundle, or make a chargeable event after the expiry of the Introductory Period or, if later, the date you last applied Credit to your Account, your Account may be disconnected.

12.6 If we provide you with Credit to your account (for example, as a goodwill gesture), such Credit will be deducted against your Charges until the Credit has been used. This Credit cannot be redeemed for cash and any unused credits are non-refundable upon disconnection or termination of this Agreement.

12.7 You will have to pay for replacement SIM Cards at the price offered on the Pimoroni website https://pimoroni.com/

12.8 If you have access to the Services outside of the Introductory Period, you must have a balance greater than or equal to zero to retain the Services, or any additional allowances purchased through your Account.

12.9 Data usage is deducted in single byte increments.

12.10 This service does not provide calling, SMS or Emergency Service contact. It is a data only M2M (Machine to Machine) data service.

13. Limitation of liability

13.1 We will not be liable under this Agreement for any loss or damage caused by circumstances where:

13.1.1 there is no breach of a legal duty of care owed to you by us;

13.1.2 such loss or damage is not a reasonably foreseeable result of any such breach; or

13.1.3 such loss or damage results from the breach by you of any term of this Agreement.

13.2 Our liability shall not in any event include losses related to any business of a customer including but not limited to lost data, lost profits or business interruption.

13.3 Nothing in this Agreement shall:

13.3.1 exclude or limit our liability for death or personal injury resulting from our acts or omissions or those of our servants, agents or employees; or

13.3.2 limit your rights as a consumer under applicable UK law.

13.4 All Services are provided on a commercially reasonable efforts basis. Although we will provide the Services with reasonable skill and care, we make no warranty that the Services will meet your exact requirements or that they will always be available.

13.5 Each provision of this Clause 13 operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply even after the Agreement has been terminated or cancelled.

14. Matters beyond our reasonable control

14.1 If either of cannot do what we have promised in this Agreement because of something beyond our reasonable control such as, without limitation, lightning, flood, exceptionally severe weather, fire, explosion, terrorism, war, military operations, national or local emergency, epidemics and pandemics, civil disorder, industrial disputes (whether or not involving our employees), acts or omissions of persons for whom we are not responsible (including other telecommunication providers), or acts of local or central Government or other competent authorities, such party will not be liable for this.

15. Use and disclosure of information

15.1 We need to collect certain Personal Information to provide you with the Goods and/or Services. This Personal Information will form part of a record of your dealings with us.

15.2 When you contact us, we may ask for certain Personal Information to be able to check your identity and we may make a note of this. We will keep Personal Information given to us by you or others during your relationship with us and other companies in the Group (and the Manager's Group). This includes:

15.2.1 details you give us on order forms or during communications with you; and

15.2.2 details we receive from credit reference and fraud detection agencies.

15.3 You agree that we may use and update your Personal Information:

15.3.1 for credit and credit related services and to manage your accounts;

15.3.2 when applicable in relation to the Goods and/or Services ordered to make credit, fraud and identity checks on you (i) prior to accepting your order; and (ii) subsequently for the purpose of risk assessment, debt collection and fraud prevention whilst you retain a financial obligation to us;

15.3.3 to provide you with goods and/or services that you have ordered;

15.3.4 to prevent and detect fraud, crime and money laundering;

15.3.5 to update our records about you; and

15.3.6 to check your identity;

15.3.7 to segment our customer base and help us develop offers, products and services to provide you with the best customer experience;

15.3.8 where we have your permission to, we will market and advertise our Services, products and occasionally third party products and services that may be of interest to you including third party offers, promotions, advertisements, competitions or commercial communications by electronic messaging, email or online or via applications;

15.3.9 to provide you with personalised services and communications as well as targeted advertising from Pimoroni on our website and selected partner websites.

15.4 If you give us false or inaccurate information or we identify fraud, we may record this.

15.5 We may use and disclose information about you and how you run your accounts to credit reference, law enforcement and fraud prevention agencies. For example, if you do not pay any sums owed to us when due, details of this failure may be passed on to credit reference agencies who will record this information against your credit file. Such records may remain on file with credit agencies for 6 years after your account is closed, whether settled by you or not.

15.6 Credit Agencies may pass the Personal Information that they received from us to other organisations in the performance of credit and/or fraud checks. Your Personal Information together with any additional information held by credit reference agencies and fraud prevention agencies may also be used to trace your whereabouts and recover debts that you owe.

15.7 Information held about you by credit reference agencies may be linked to records of people who are financially linked to you. We and other organisations may use credit reference agency and fraud prevention agency records that we receive about you, and people financially linked to you to help make decisions about you and them.

15.8 When assessing a purchase, we may use automated decision-making systems.

15.9 Your Personal Information is confidential and, although we may freely disclose it to other companies within the Group (and the Manager may disclose within its Group), we will only disclose it outside the Group when:

15.9.1 you give us your consent;

15.9.2 it is needed by certain reputable third parties involved in running accounts and/or providing services for us; (for example, credit reference agencies or companies that we use in the provision of the Services)

15.9.3 it is needed in order to obtain professional advice;

15.9.4 it is needed to investigate or prevent crime;

15.9.5 the law permits or requires it, or any regulatory or governmental body requires it, even without your consent; or

15.9.6 There is a duty to the public to reveal the Personal Information.

15.10 We may administer your account and provide services from countries outside Europe that may not have the same data protection laws as the UK. However, we will have contracts or other legal mechanisms in place to ensure your Personal Information is adequately protected, and we remain bound by our obligations under the Data Protection Act even when your Personal Information is processed outside Europe. For full details visit https://shop.pimoroni.com/pages/privacy-policy

15.11 We may monitor, record, store and use any telephone, email or other electronic communications with you for training purposes, to check any instructions given to us and to improve the quality of our customer services.

15.12 Where we process sensitive Personal Information, we will employ appropriate security measures. If we discover a security incident, such as compromised confidential information and privacy, you will be notified, and we will take steps to fix the issue in line with our internal security policies and procedures. For more information and to view our Privacy Policy, please visit https://shop.pimoroni.com/pages/privacy-policy

15.13 If you would like us to tell you what information we hold about you, or if you wish to have details of the credit reference or the fraud prevention agencies from whom we obtain and with whom we record information about you, please write to us at: Pimoroni Ltd, Unit 1, Parkway Business Park, Parkway Drive, Sheffield, S9 4WN or email privacy@pimoroni.com

15.14 If you give us information about another person, you confirm they have given you permission to provide it to us and for us to be able to process their personal information. You must also confirm that you have told them who we are and the basis on which we will use their information.

16. Call monitoring

16.1 All conversations using webchat services with Pimoroni Customer Services Representatives and calls to Pimoroni may be recorded for quality monitoring, training purposes, the prevention of unauthorised use of our telecommunications systems, effective systems operation and the prevention or detection of crime.

17. Notices

17.1 If you want to end your agreement, you must contact us through the 'Contact Us' section in our website at https://pimoroni.com. If you prefer to contact Pimoroni via letter, please send this to Pimoroni Ltd, Unit 1, Parkway Business Park, Parkway Drive, Sheffield, S9 4WN. You must include your full name, your billing address with postcode, and the unique number or IP address of your Pimoroni SIM to help us locate your account.

17.2 Proof of sending does not guarantee our receipt of your notice. You must ensure that you have received an acknowledgement from us which should be retained by you.

17.3 We may send notices to you under or in connection with this Agreement:

17.3.1 by posting them to the address of which you have informed us; or

17.3.2 by SMS, to your mobile phone number, or

17.3.3 by email to the e-mail address of which you have informed us; or

17.3.4 by push notification to your Mobile Device.

17.4 Notices sent by post will be deemed to have arrived at their destination within 3 working days after posting and notices delivered by hand or given by SMS or e-mail shall be deemed to have been delivered the day after the day the notice is sent.

18. Complaints

18.1 If you ever wish to complain about the Services, we will endeavour to handle such complaints fairly, efficiently and confidentially. Please visit the Pimoroni website and contact us as normal.

18.2 If you are not happy with the way that we deal with any disagreement and you want to take court proceedings, you must do so within the United Kingdom.

19. Changes to this Agreement

19.1 Subject to Clauses 19.2 and 19.3 below, we reserve the right to change conditions of this Agreement, including any Charges, at any time

19.2 We will give you notice of any changes either by writing to you, or sending you an SMS, in addition to which we will publish them on our Website.

19.3 We may make changes to the terms of this from time to time. These changes will take effect at once when you are notified of them.

20. Transferring this Agreement

20.1 We can transfer the benefit and you agree that we can transfer the obligations under this Agreement to any third party (including, without limitation, any member of the Group), without notice to you or your consent. We have subcontracted the administration and management of the services we provide to Pimoroni the Manager.

20.2 You may not transfer this Agreement to anyone else unless we have agreed in writing beforehand and we shall not unreasonably withhold such agreement.

21. Third parties

21.1 Other than as provided for under Clause 20.1 above, nobody but you and us can benefit from this Agreement under the Contracts (Rights of Third Parties) Act 1999.

22. General

22.1 If you or we break this Agreement and the other chooses to overlook it, this will not prevent the other from taking further action at a later time. Further, if you breach this Agreement in a manner that allows us to terminate the Services but we decide just to suspend them instead, we can still end this Agreement if you breach it again.

22.2 When you use your SIM Card, the identity of your mobile phone number may be sent through the networks so as to be identified to the phone being called. It may be used for administration and for the investigation of fraud. You may be charged for any diversion.

22.3 For your own protection, you must keep confidential the electronic serial number of your Mobile Device, electronic serial number of your SIM Card and IP address associated with your SIM card or Mobile Device and any other personal identification password or security number. When choosing a password, you must not use words that are obscene or likely to cause offence.

22.5 We make every effort to ensure the security of your communications. You are however advised that for reasons beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. For example, your communications may pass over third party networks over which we have no control and if you are connected to an analogue network, there is no protection for your communications over the air interface. If you are connected to the digital network, your communications over the air interface with our systems are encrypted providing a greater level of protection, but even this cannot be guaranteed. Please also read carefully the instructions provided with your Mobile Device. Depending upon the manufacturer and model, your Mobile Device may send information stored on it and receive information to and from certain third parties without your knowledge.

22.6 You must tell us promptly in writing if you change your name and address or there are any changes to your bank account or payment card arrangements that may affect your payment of the Charges.

22.7 These conditions also apply if you lend or give your Mobile Device to someone else.

23. Capacity

23.1 You confirm that you have full legal capacity to agree to this Agreement and that you are able to pay the Charges under this Agreement.

24. Governing law and jurisdiction

24.1 This Agreement shall be governed by English law.