Contact us the different ways you can contact us are by writing to the address in the terms & conditions or call the helpline

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1 We can provide this information in large print, braille and audio. Call our helpline on or (calls to speak to a colleague cost 25p) or write to us and we ll arrange this. Mobile by Sainsbury s pay as you go terms & conditions When you start using the SIM and services you accept the terms & conditions and our privacy policy. Please read them before you insert the SIM into your mobile. This website provides the latest prices (including if any minimum charges apply), the different ways you can top up including by card and top-up voucher and how you link a Nectar card to your mobile and collect Nectar points. 1. What words mean in the terms & conditions Basic price plan and Bundle price plan the set of services and charges including the terms and conditions that apply if you choose the Basic price plan or Bundle price plan (go to or as applicable), details available in the SIM pack and this website Contact us the different ways you can contact us are by writing to the address in the terms & conditions or call the helpline Helpline the Mobile by Sainsbury s helpline, the current number is or from your mobile Network the mobile communication network in the UK we use to provide the services to you Our, us, we - Mobile by Sainsbury s Limited registered in England with number at 33 Holborn, London EC1N 2HT Services the mobile communication services and any other services we provide to you Terms & conditions these terms and conditions, any other terms you accept for offers and services we provide to you and the terms and conditions for the Basic price plan or Bundle price plan you ve chosen Your mobile the phone, SIM and other equipment you use to access the services subject to the terms & conditions 2. The services 2.1 These terms & conditions don t deal with your mobile whether it was purchased with the SIM or separately. If your mobile is lost or stolen contact us straight away (go to or call our helpline) and we ll suspend the services. We won t give you refunds for the cost of your mobile, top ups, if you buy a bundle or for any services used but we ll send you another SIM and transfer your number. We recommend you take out appropriate insurance for your mobile. If you lend your mobile (with the SIM) to anyone else you re still responsible for complying with the terms & conditions.

2 2.2 The services start when you first make a call or send a text or start using data on your mobile. We don t guarantee that the services are fault free and available at all times. Other networks, faults, your mobile, interference, the number of people using the services and your location can affect the quality (including speeds) and availability of the services you get. Services may be temporarily affected when the network is being maintained. We ll try and minimise the impact of such actions. We provide a coverage checker on our website (go to but it s a guide only and not a guarantee of the quality of services you ll receive. If you travel abroad, access to services, the quality and the level of services can be limited. The charges can be higher and you may be charged to receive calls. 2.3 We ll monitor and restrict services to prevent fraud and to enable customers to access the services. This may result in some services being unavailable or affected by varied speeds. Some of our services may be subject to a fair use policy. For the latest price information go to or call our helpline. We also provide a coverage checker (go to and information about our network traffic management and fair use policies (go to It s your responsibility to check that your mobile is suitable for the services, applications and third party services you want to use. We re not responsible for any third party services (for example the internet and applications) you use whilst using the services. We restrict access to some services, for example adult content. The longest continuous call the service allows you to make is 23 hours and 59 minutes. If a service is blocked or you re concerned about controls on your account to restrict adult content go to or call our helpline. 2.5 Your mobile may be locked to the network. You ll need to contact us to find out how to unlock it. For the latest charges to unlock your mobile, go to or call our helpline. We can t unlock mobiles purchased from other companies. 3. Topping up and charges to use the services 3.1 You re required to pay all the charges for use of the services (even if you let someone else use your mobile). You pay for the services by having credit on your account. To put credit on your account you need to top up. Without credit you can t use the services (except emergency calls and to top up). We may not accept debit or credit card payments and may reduce the maximum amount you can top up if there s a risk of fraud. When you use the services this reduces the credit on your account. If you owe us any money we can deduct this from any credit balance on your account. 3.2 The Basic price plan and Bundle price plan include charges (including any minimum amounts we charge) for use of the services and we update these from time to time (go to Charges include VAT and can change. We don t send you a bill but you can check your balance by contacting us. 4. Your information and who we share it with 4.1 Our privacy policy (go to describes how we use your information, who we share it with and explains how you can ask for a copy of the information we

3 have about you. The personal information you give us and we receive when you use the services may be shared with the Sainsbury s group of companies and with Sainsbury s joint venture companies (Sainsbury s) for research and analysis and to enable Sainsbury s to improve the products and services they offer. Sainsbury s will not send you any marketing messages unless you consent to receive them. 4.2 We ll use the information you give us and your use of the services to: provide and run the services including managing the charging and traffic on the network (the partners we use may also do this), diverting calls and to share your details with overseas networks if you re using services whilst travelling monitor the reliability and security of the network including to block unsolicited messages and prevent or detect criminal activities including fraud and to maintain and test our systems and processes (the partners we use may also do this) check you re complying with the terms & conditions and suspend services if you re not provide customer services (this includes monitoring and recording calls and dealing with any correspondence you send us) and for internal training, and in the ways we have set out more fully in our privacy policy (go to We ll use the details you give us and how you generally use the services to send you marketing messages about the products and services we provide. You can change your mind at any time and contact us if you don t want us to send you marketing messages. 4.4 If you give us your additional consent (we ll ask you for this separately), we ll use your location and traffic data (for example the time and length of the calls you make and your rough location) to improve the services we provide and for marketing. Where permitted, we may share your location and traffic data with Sainsbury s for their research, analysis and marketing. 4.5 The services we offer enable you to collect Nectar points. We ll use your details to contact you and manage your account so you can benefit from this part of the service. If you link your mobile to a Nectar card you accept that the partners we use will be provided with your mobile number (and any other mobile numbers you link with your Nectar card) so the points you collect will be allocated to your Nectar card. 4.6 We may use other people and companies to provide all or parts of the services to you (for example enabling you to make online top ups or providing customer support). We may need to share your details with them to allow that to happen. We ll still be responsible for the use of the information you ve given us. 4.7 When you use the services the mobile number may be displayed on the equipment you re contacting. The emergency services will always see the mobile number and rough location if you call them. We won t enter your mobile number or your name into a directory or directory enquiry service unless you ask us to.

4 5. The rules for using the services 5.1 The services are provided for your personal use only. We don t give you permission to re-sell the SIM or to commercially exploit the SIM or services. Only use the services with the SIM and your mobile which we ve approved for use on the network. Some equipment is not authorised by us for use with the SIM. You should not use the services or any equipment if it s likely to impair or put the network at risk. 5.2 We expect you to comply with all relevant laws and regulations when you use the services. You ll need to follow any reasonable guidelines or instructions we provide to you and co-operate with any reasonable security checks we put in place to protect your use of the services. We ask you to provide us with correct contact details and to contact us if those details change. The mobile number and passwords you use to access the services don t belong to you and we may have to change them. We ll tell you if that is the case. 5.3 You must not use the services for anything that is unauthorised, unacceptable, immoral, indecent, obscene, offensive, harmful, defamatory, a nuisance, fraudulent, criminal or for unlawful reasons, for example infringing the rights of another person, sending unsolicited messages, harassing or abusing people including those we ask to help you when buying or using the services. You should contact us if anyone threatens or makes a claim against you because of your use of the services. 5.4 The SIM and any rights in the SIM belong to us (or our partners) but we allow you to use it to access the services. If the SIM is faulty (but not through your misuse of it) contact us and we ll replace it. If you lose the SIM we ll set out in the Basic price plan and Bundle price plan if there is a charge for a replacement SIM (go to 6. When things change and telling you 6.1 We may increase charges, make changes to the services and update the terms & conditions for technical and operational reasons, to improve the services we provide or because of changes in the law (including if there s a change in the rate of VAT). Such changes will be published on this website. We recommend you regularly check our website for the latest information and you can contact us if you want to check something (go to or call our helpline). 6.2 If we increase charges we ll give at least 30 days notice before the increase starts. If we make any changes to the services that you ve been using or amend the terms & conditions we ll give at least 14 days notice. If any changes we make are likely to be of material detriment to you, we ll give you at least 30 days notice of such change. In the unlikely event we need to change your mobile number we ll aim to give you as much notice as we can. 6.3 By using the services after any changes have been made we ll assume you ve accepted them. If you don t like any changes we make you can stop using the services. 6.4 If we need to contact you or notify you of changes as set out above, we ll do this by updating this website or by text or or by adding a message on our number or by placing a message on the service affected or by any other means that are reasonable. When we need to, we ll use the most recent contact details you ve provided us.

5 7. Suspending and ending the services 7.1 You can stop using the services at any time and for any reason but you ll need to pay us if you owe us any money. If you permanently stop using the services these terms & conditions end (provided you don t owe us any money). If you want to transfer your mobile number to a different provider you ll need to contact us to request a PAC (which is a code the other provider will ask you for). 7.2 We can suspend and end your use of the services or block your access to some or all services if we reasonably believe or suspect you (or someone else using the SIM): doesn t comply with the terms & conditions (for example the rules we have set out in section 5) doesn t use the services (for example making a call we charge for) for a continuous period of 180 days owes us any money or becomes bankrupt or insolvent buys or uses the services in a way that s fraudulent or unauthorised (for example buying top ups using stolen cash or cards or uses equipment that s not approved for use on the network) does anything or allows someone else to do something that could damage the network or our operations. 7.3 We can suspend or end your use of some or all of the services to respond to security incidents and if we suspect your account is being used fraudulently, for maintenance or repairs and where we need to protect the network for your and other customers benefit. There may be times we have to suspend or end the services because of reasons outside of our control (for example because regulatory and government authorities require us to) and because we can no longer provide the services to you. We ll also suspend the services if you tell us your mobile has been lost or stolen. 7.4 We ll try and tell you before we suspend or end your use of the services but we don t have to if you ve not kept to the terms & conditions or we reasonably suspect fraud or need to protect the network. If we ve blocked access to services call our helpline and we ll tell you if we can reinstate the services or not (if you ve not kept to the terms & conditions we don t have to). 7.5 We won t refund any top ups and unused credit won t be repaid if: you decide to stop using the services (see section 7.6 below), or we stop providing the services because you ve not kept to the terms & conditions. 7.6 If we suspend or disconnect the SIM because it s not been used for 180 days, if you ask us (within 90 days of the suspension) we can reconnect the services and you ll be able to use any credit you had on your account prior to the suspension. If you ve not used the services for 270 continuous days we won t be able to re-credit your account. Where the services are suspended (for any reason) we may have to give you a new mobile number and SIM before we can reconnect you.

6 8. Helping you and resolving issues 8.1 If you have a question or problem with the services contact us and we ll try and resolve it as quickly as we can. If that doesn t work, you can follow the process in our Customer Complaints Code which is available on mobilebysainsburys.co.uk or by contacting us. 8.2 If you live in England or Wales, English law applies to the terms & conditions and all obligations connected with them (or the law of Scotland if you live there or the law of Northern Ireland if you live there). For any disputes which can t be resolved, you and we may bring claims in the courts in the United Kingdom. 9. Other things you and we agree to 9.1 We may be unable to provide the services because of something outside of our reasonable control (for example network failure caused by a natural event or where we re required to suspend the services by law). We re not liable to you if that happens. 9.2 If we don t keep to the terms & conditions we re only responsible for any direct losses you suffer as a consequence of our failure to comply. We limit our liability to you in relation to the terms & conditions to 500 for each claim or series of related claims. 9.3 Neither you nor we are liable to the other for (even if it occurs directly or indirectly): (a) (b) (c) (d) loss of profits or income loss or corruption of data or content any indirect losses or damages, or for any losses or damages that could not be reasonably known at the time you start to use the services. 9.4 Nothing we say above limits or will take away our liability to you for death or personal injury caused by our negligence or because of any fraudulent misrepresentations we make and nothing in these terms & conditions are intended to limit any rights you have under the law and which we can t exclude. 9.5 If you want to send us a notice in relation to the terms & conditions you need to send it by post or . Any notices we send you or you send us in connection with the terms & conditions are considered to have been received 72 hours after they ve been sent. 9.6 Contact us if you want to transfer the SIM to anyone else. Unless you tell us and we agree to the transfer you have to continue to comply with the terms & conditions. The terms & conditions apply to anyone you pass the SIM to. We may transfer any of our rights and obligations to someone else without telling you first but only where such transfer doesn t significantly disadvantage you. A person who is not a party to the terms & conditions has no right to benefit under or to enforce them. 9.7 If you or we fail to enforce any rights we re entitled to under the terms & conditions it doesn t prevent either you or us from taking any further action.

7 9.8 If any unenforceable part of the terms & conditions would be valid if some part of it were deleted, the part in question will apply with the minimum changes necessary to make it valid. Version May 2013

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