Terms & Conditions

Your Guide to Using Our Services

Key Facts :

1. Sim Only Club is a trading name of Proactive Networking Ltd. Company Number 04951057, registered address, 142 Station Road, Chingford, London, England, E4 6AN

2. These general terms and conditions describe the rights and obligations of Sim Only Club UK Limited and its Customers concerning the delivery,performance and use of the Products and Services.

3. The Acceptable Use Policy governs the use of the Products and Services by a Customer and is detailed in clause 5 of the document

4. An Agreement is made between a Customer and Sim Only Club when a Customer registers or activates an Account, uses Top Up Services, or uses Services, and access to the Network is provided as soon as possible
thereafter.

5. Charges refer to the tariffs applicable for the use of the Services,including any connection fees and special offers.

6. The Services provided by Sim Only Club include voice calling, messaging and data services, voicemail, and Roaming Services, among others.

7. The SIM Card remains the property of Sim Only Club and must be used in a compatible GSM mobile telephone to access the Services.

8. Top-Up Services are prepaid, and Customers are required to have a direct debit in place to ensure their Account is in credit.

9. Data Protection: Sim Only Club will collect, process, and store Personal Data in accordance with applicable laws and regulations.

10. Liability: Sim Only Club’s liability is limited to the terms stated in the Agreement and does not cover indirect losses or those not reasonably
foreseeable.

11. Changes to the Agreement: Sim Only Club reserves the right to change terms and conditions for legal, regulatory, or other specified reasons, with at least one month’s notice provided to the Customer.

1. Definitions

1.1 Acceptable Use Policy: The policy governing the use of the Products and Services by a Customer whether required by Sim Only Club or the telecommunications operator of any Network that facilitates access to the Services. The Acceptable Use Policy is described in clause 5 below.

1.2 Account: The mobile telephone account registered or activated by a Customer that Sim Only Club uses to provide the Products and Services to a Customer and to administer a Customer’s Personal Data.

1.3 Agreement: These general terms and conditions, the User Guide accompanying the SIM Card, and the Charges ublished by Sim Only Club from time to time, including any special offers. An Agreement is deemed made between a Customer and Sim Only Club when a Customer registers or activates an Account, uses our Top Up Services or uses our Services,whichever occurs first, and we will provide access to the Network as soon as we can so that provision of the Services can start.

1.4 Charges: The tariffs applicable from time to time for the use of the Services, including any connection fees and special offers.

1.5 Customer: Any individual, company or partnership that registers or activates an Account with Sim Only Club. In these general terms and conditions, the Customer is sometimes referred to as “you” or “your”.

1.6 Customer Services Department: The department of Sim Only Club that you may contact for any enquiries about the Products or Services.You may contact the Customer Services Department in several ways.

1.7 Sim Only Club: Proactive Networking Limited (Company Number 04951057) (VAT Number GB 835339907).

1.8 Network: The telecommunications networks used by Sim Only Club to provide the Services to you.

1.9 Personal Data: The personal information that you provide to Sim Only Club or that Sim Only Club generates, collects, uses, processes and stores about you while providing the Services, including but not limited to your name, address, date of birth, mobile telephone number, call data records including Traffic Data and Location Data, top-up records, credit card or debit card details, billing records, voice mail recordings, copies of e-mails including your e-mail address, and records of Customer Services Department enquiries made by you.

1.10 Privacy Policy: The policy that describes how Sim Only Club generates, collects, uses, processes and stores your Personal Data.

1.11 Products: The Sim Only Club SIM Card and eSIM and any other products offered by Sim Only Club, including promotional products.

1.12 Roaming Services: The mobile telephone services that you use when travelling outside the United Kingdom.

1.13 Services: The mobile telephone services that Sim Only Club provides to you, including voice calling, messaging and data services, voicemail, calling line identification presentation (CLIP), calling line identification restriction (CLIR), Roaming Services and the services provided by the Customer Services Department.

1.14 SIM Card: The prepaid, pre-activated card or eSIM containing a microprocessor that allows you to access and use the Services by inserting the SIM Card into a compatible GSM mobile telephone.

2. Obligation to provide the service

2.1 Sim Only Club will provide the Services to you one or more telecommunications operators. Occasionally any of these Networks may be unavailable for maintenance, modifications, upgrades, emergencies or to protect the security of the Network. At these times the Services may be temporarily unavailable.

2.2 Mobile telephony is a form of wireless communication and operates on the basis of the transmission of radio and signal frequencies. The transmission of these radio and signal frequencies may be affected by congestion on the Network due to the number of calls or messages or the amount of data being sent and received.

2.3 The transmission of the radio and signal frequencies may also be affected by the location of the base stations, obstacles such as buildings or underpasses, and by external factors such as geographic or atmospheric conditions. The Services may also be affected by the quality of the GSM mobile telephone chosen and used by you.

2.4 The Roaming Services are subject to the roaming contracts and service quality levels that have been agreed between other national and
international telecommunications operators. Sim Only Club does not have any control over the contracts or service quality levels agreed between these telecommunications operators.

2.5 For the reasons described above, Sim Only Club does not warrant or guarantee that the Services will be uninterrupted or error free (in terms of Network availability, quality or coverage) in all locations at all times, or that the Services will be suitable for your specific requirements, or that the Services will be completely secure against unauthorised interception.

2.6 Sim Only Club will endeavour to keep any disruption to the Services to a minimum; however Sim Only Club will not be liable to you for any loss, damage or inconvenience incurred by you as a result of any disruption to the Services for the reasons described above.

2.7 Associated with your SIM Card is the PIN code (personal identification number) and the PUK code (personal unlocking key). The PIN and PUK codes must never be kept together. You will take every necessary precaution to preserve the secrecy of your PIN and PUK codes. You will be liable for any fraudulent or improper use of your SIM Card or Account that
results from the intentional or accidental disclosure of your PIN or PUK code or the transfer of your SIM Card to another person.

2.8 Our Customer Services Department can supply details of the other mobile operators we have porting arrangements with from time-to-time.

3. SIM card

3.1 The SIM Card is used by inserting it into a compatible GSM mobile telephone. When the SIM Card has been inserted and you have registered or activated your Account, you will have access to, and be able to use, the Services.

3.2 The SIM Card remains the exclusive property of Sim Only Club. You must retain the SIM Card and not lose or damage the SIM Card. Sim Only Club will only replace a SIM Card where it is found to be defective by reason of faulty workmanship or design. Sim Only Club may charge you for a replacement SIM Card where Sim Only Club reasonably believes that you are responsible for the loss or damage of your original SIM Card or where someone has stolen your original SIM Card. It is your responsibility to promptly inform Sim Only Club of any loss, damage or theft to your SIM Card, or any fraudulent or improper use of your SIM Card. You agree that once you start using the Services or the Top Up Services you will lose any right to cancel this Agreement under distance selling legislation.

3.3 If you do not use your SIM Card to make a voice call, or send a message or data, or if you do not purchase a top-up using the Top-Up Services, for a period of ninety (90) days from the date you registered or activated your Account or your last use of the Services (whichever is later), Sim Only Club will contact you by SMS or e-mail advising you that your SIM Card will be deactivated. Sim Only Club will then provide you with an additional thirty (30) days to make a voice call, send a message or data, or purchase a top-up using the Top-Up Services.

3.4 If you make a voice call, send a message or data, or purchase a top-up using the Top-Up Services within the additional thirty (30) day period, your SIM Card will remain active. Any previous credit balance in your Account will remain available for you to use, and you will be able to access and use the Services.

3.5 If you do not make a voice call, send a message or data, or purchase a top-up using the Top-Up Services within the additional thirty (30) day period, your SIM Card will be deactivated. If the SIM Card is deactivated, your specific telephone number will be reallocated to another Customer, you will not be able to access or use the Services, and you will not be entitled to a refund of any credit balance in your Account.

4. Top-up services

4.1 The Services are prepaid services. You are required to sign up for a direct debit in advance so your Account is in credit. As Charges are incurred they will be debited from via direct debit. No bill or invoice or statement will be issued to you.

5. Acceptable use policy

5.1 You agree to use the SIM Card in a compatible GSM mobile telephone for the purpose of using the Services.

5.2 You agree not to use the SIM Card or the Services and not to permit another person to use your SIM Card or the Services:
• fraudulently or in connection with a criminal offence;
• For the purpose of making an unsolicited communication or storing and/ or communicating any material which is offensive, abusive, indecent, defamatory, obscene or menacing, a nuisance or a hoax, or which is a breach of privacy, an infringement of copyright, or is otherwise unlawful,
• To knowingly and deliberately cause annoyance, inconvenience or needless anxiety to another person,
• To make any offensive, abusive, indecent, defamatory, obscene or menacing call to any Customer Services Department representative,
• To transmit a virus or other malicious software, use the Services in a manner that impairs the operation or security of the Network or may cause death, personal injury or damage to property,
• with equipment that is not approved for use with the Network, including, but not limited to, SIM-boxes and SIM-gateways, and
• To support calls to call forwarding services, onward calling services or calls to telephone numbers which pay a revenue share or resell to others or commercially exploit our Services
• otherwise than in line with the conditions of this Agreement.

5.3 If Sim Only Club reasonably suspects that you have failed to comply with any of the provisions of clause 5.2, Sim Only Club shall have the right to suspend, partially or fully, your access to the Services and/ or terminate this Agreement without prior notice and with immediate effect. If Sim Only Club terminates this Agreement for this reason, your SIM Card will be deactivated. If the SIM Card is deactivated, your specific telephone number will be reallocated to another Customer, you will not be able to access or use the Services, and you will not be entitled to a refund of any credit balance in your Account.

5.4 Upon activation of a SIM Card, you may be required to register your Personal Data with Sim Only Club, such as your name, address, date of birth, credit card or debit card details. If Sim Only Club determines that the Personal Data that you provide is false, Sim Only Club shall have the right to suspend, partially or fully, your access to the Services and/ or terminate this Agreement without prior notice and with immediate effect.
If Sim Only Club terminates this Agreement for this reason, your SIM Card will be deactivated.If the SIM Card is deactivated, your specific telephone number will be reallocated to another Customer, you will not be able to access or use the Services, and you will not be entitled to a refund of any credit balance in your Account.

5.5 If the use of any plan that includes ‘unlimited’ calls or texts provided as part of the service exceeds the amount reasonably expected of a person using the service for personal purposes, we reserve the right to restrict your service.

5.6 Sim Only Club reserves the right, in its absolute discretion (and without prior notice), to restrict or prevent access to certain websites and services over its Network, including Voice over Internet Protocol (‘VoIP’) services. When we decide to restrict or prevent access under this paragraph, you may receive a message stating that the website or service is “not available”.

6. Data protection and personal data

6.1 Sim Only Club will only generate, collect, use, process and store your Personal Data in accordance with all applicable laws and regulations, as amended from time to time.

6.2 Sim Only Club has implemented appropriate technical and organisational security measures to protect your Personal Data against accidental or unlawful destruction, accidental loss or alteration, or unauthorized or unlawful storage, processing, access or disclosure.

6.3 By registering or activating an Account with Sim Only Club, you consent to Sim Only Club collecting, processing and sharing Personal Data provided by you or generated in the course of supplying the Services to you, including details of voice calls, messages or data that you have sent (“Traffic Data”) and the geographic position of your GSM mobile telephone (“Location Data”) for the purpose of:
• supplying the Products and Services to you,
• the administration of your Account by the Customer Services Department
• providing you with service information, for example about Network faults
• the prevention or detection of fraud
• market research and profiling your usage and purchase preferences, and
• complying with applicable laws and regulations.

6.4 For Sim Only Club to perform its obligations under this Agreement, Sim Only Club may need to disclose your Personal Data to other companies that will process your Personal Data on behalf of Sim Only Club. These third parties are permitted to use your data only in accordance with our instructions and the law.

6.5 Sim Only Club may also need to transfer your Personal Data to third parties, for example, our suppliers and service providers, in countries outside the European Economic Area. Where the data protection laws of these countries do not provide the same level of data protection as in the UK, we will take steps to ensure your privacy rights are at least as compliant with the requirements of UK law, including requiring appropriate security measures from such third parties, set out in a contract between us, to protect your Personal Data; and monitoring compliance with such security measures for the lifetime of our relationship with such third parties.

6.6 Sim Only Club may use third party software which modifies the advertising content on website pages you choose to view when using our data Services. A persistent cookie is placed on your device which enables our third-party software provider to collect anonymous data for statistical reporting purposes to Sim Only Club. To ensure the privacy of your data, only pseudonymized and/or anonymous data is collected or shared with such third parties and no personally identifiable data is ever shared.

6.7 Sim Only Club may from time to time monitor or record your conversations with the Customer Services Department. This may be done for quality control purposes, to improve the Services, to ensure compliance with governmental, regulatory or enforcement agency requests or to detect fraud.

6.8 Sim Only Club will, subject to the applicable laws and regulations, provide you with a copy of your Personal Data stored by Sim Only Club upon your written request. Sim Only Club may charge a nominal administration fee for providing you with a copy of your Personal Data. It is your responsibility to notify Sim Only Club of any changes to any Personal Data provided by you to Sim Only Club. You may also request that any incorrect information is corrected. Where permitted by the applicable laws and regulations, Sim Only Club will delete Personal Data upon your written request.

6.9 Sim Only Club and other Lyca companies may contact you by post, telephone, e-mail or SMS to let you know about products and services offered by Sim Only Club or selected third parties, including any special offers and promotions, which may interest you. If you do not wish to receive this information or be contacted in this way, you may at any time, free of any charge, opt out of this direct marketing by requesting to be put on a designated list. You may make this request by contacting the
Customer Services Department.

7. Liability of Sim Only Club

7.1 Sim Only Club does not accept any liability for the delivery,performance and use of the Products and Services other than as stated in this Agreement.

7.2 Sim Only Club is not responsible for damage or loss or inconvenience incurred by you resulting from the content of any voice call, message or data sent or received by you.

7.3 Sim Only Club is not responsible for damage or loss or inconvenience incurred by you resulting from the involvement of a third party, including governmental, judicial or administrative bodies.

7.4 Sim Only Club is not responsible for any damage or loss incurred by you where such damage or loss is indirect or not a reasonably foreseeable result of a breach by us; nor where we are not at fault or to the extent you have contributed to the damage or loss.

7.5 In the event your SIM Card is lost or stolen, or you believe your SIM Card is being used in a fraudulent or improper manner by another person, you must promptly contact the Customer Services Department. Sim Only Club will then be able to block the use of your SIM Card. Suppose, you fail to promptly contact the Customer Services Department, in that case you will be liable for all Charges relating to the use of the SIM Card until you do notify us, regardless of whether the Charges were incurred by you or someone else.

7.6 Sim Only Club is not responsible for the failure of any retail outlet or customer service team to properly activate your SIM Card or process any payment you made. In these cases, you should contact the retail outlet or customer service where you obtained your SIM Card and request a refund.

7.7 You are advised that it is illegal to operate a mobile telephone while driving a motor vehicle, and acknowledge the inherent risk in using a mobile phone while driving a motor vehicle. Sim Only Club is not responsible for damage or loss or inconvenience incurred by you resulting from any accident caused by the use of a mobile phone while driving a motor vehicle.

7.8 Nothing in this Agreement shall exclude or limit the liability of either Party for death or personal injury caused by that Party’s negligence, liability arising under the Consumer Protection Act 1987 or the consequence of wilful misconduct, fraud, gross negligence of that Party or any other liability which cannot be excluded or limited by applicable law.

7.9 The liability of Sim Only Club to you under this Agreement shall be limited to a total maximum aggregate amount of £1,000.00 per claim or series of related claims.

7.10 If you incur any damage or loss or inconvenience, you must notify the Customer Services Department in writing of the claim as soon as possible and in any event within four (4) weeks after the discovery by you of the claim. Damage, loss or inconvenience that has not been reported in writing to the Customer Services Department within this four (4) week period shall not be compensated. This four (4) week period will not apply if you are using the Services as an individual consumer (and not in combination with a trade or business) and you could not have been reasonably expected to notify the Customer Services Department in writing within this period.

7.11 Sim Only Club is not responsible for any damage or loss or inconvenience incurred by you, and will not be liable to provide the Products or Services, as a result of any reason outside the control of Sim Only Club, including but not limited to an Act of God, natural disaster, industrial action, war (whether declared or undeclared), civil unrest or acts of terrorism, acts of government or local authority or regulatory body, or any act or decision made by a court of competent jurisdiction. These reasons are also known as “force majeure”.