Mobile Unlocker Universal Terms and Conditions
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Mobile Unlocker's relationship with you in relation to this website.
The term "Mobile Unlocker" or "us" or "we" refers to Thopae Infotech Solutions whose registered office is No: 12 Mahilampoo Salai, Annamalai Nagar, Trichy - 620018, Tamil Nadu, India who manages and runs this website for the owner of the website, Mobile Unlocker. The term "Buyer" refers to the individual or organization that buys or agrees to buy the service from us. The term "Services" refers to the services that the Buyer agrees to buy from us. The term "Website" refers to "www.mobile-unlocker.com".
1. Conditions
1.1. Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
1.2. These Terms and Conditions shall apply to all contracts for the provision of Services by us to the Buyer and shall prevail over any other documentation or communication from the Buyer.
1.3. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
1.4. Any complaints should be addressed to our address stated above.
1.5. Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.
2. Orders
2.1. All orders for Services shall be deemed to be an offer by the Buyer to purchase Services pursuant to these Terms and Conditions and are subject to our acceptance. We may choose not to accept an order for any reason.
2.2. If you are still in a contract with your network service provider, for example you were given the phone at a subsided price with a contract then you may be in breach of the contract by unlocking your phone (as the phone may still be considered their property). However if it is a pay as you go phone that you have paid for you may not be in breach of any contract (with your operator) by unlocking your phone, as the phone may be considered as your property. You should check the terms and conditions of your mobile operator before you unlock your mobile phone.
2.3. When making an order, the Buyer needs to supply us with the information we require such as Buyer's Name, Email Address and the Buyer's mobile phone's IMEI number.
3. Incorrect Orders and Refunds
3.1. It is the Buyer's responsibility to ensure that the mobile phone the Buyer intents to unlock whose IMEI number has been given by the Buyer when purchasing the service, and the network the handset is currently locked to is supported by our service.
3.2. Incase the unlock code for a correct order is unavailable, a full refund of the unlocking service price and payment processing fee will be offered.
3.3. The order payment processing fee in non-refundable.
3.4. Payments made for an order from a not verified Paypal account will not be processed until the Buyer verifies their Paypal account. If the buyer chooses not to verify their Paypal account, the order will not be processed and a full refund of the service cost and payment processing fee will be issued.
4. Price and Payment
4.1. The price of the Services shall be that displayed on the Website.
4.2. Payments can be made via a Paypal account or a Credit/Debit Card via Paypal.
4.3. Payment must me made only from or via a verified Paypal Account.
4.4. Payment must be made without deduction.
4.5. Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount pending will be treated as overdue and we will be entitled immediately to cease or suspend the provision of the relevant Service until payment has been received.
5. Guarantee
5.1. We can only guarantee that the service will fulfill the customer's expectations if the following criteria are met:
5.1.1. The information provided on the form when ordering the service is 100% correct.
5.1.2. The instructions provided with the service have been followed EXACTLY as stipulated.
5.1.3. The mobile phone the Buyer intents to unlock whose IMEI number has been given by the Buyer when purchasing the service, is not faulty, stolen or blacklisted.
5.1.4. The mobile phone the Buyer intents to unlock whose IMEI number has been given by the Buyer when purchasing the service, is not already unlocked.
5.1.5. The software of the mobile phone the Buyer intents to unlock whose IMEI number has been given by the Buyer when purchasing the service, has never been altered, changed or tampered with in any way.
5.1.6. The IMEI number of the mobile phone the Buyer intents to unlock whose IMEI number has been given by the Buyer when purchasing the service, has never been altered, changed or tampered with in any way.
5.1.7. The mobile phone the Buyer intents to unlock whose IMEI number has been given by the Buyer when purchasing the service, has never been subject to an attempted unlocking in the past.
5.2. A refund shall not be warranted if all of these criteria are not met. We will endeavor to solve any problem any customer may have while attempting to use our Services, however liability for the success of the service lies solely with the consumer. Furthermore, we cannot guarantee that this service will enable the target handset to operate on any specific network. Certain handsets will only operate on certain networks.
6. Previous Unlock Attempts
6.1. We cannot guarantee success with the unlock codes we supply if the mobile phone the Buyer intents to unlock whose IMEI number has been given by the Buyer when purchasing the service, has been subject to a previous unlock attempt. The customer accepts that a refund, in part or in full, will not be offered or given where the unlock codes supplied by us have failed because the target handset has been subject to a previous unlock attempt.
7. Age of Consent
7.1. The buyer should be over the age of 18 in order to buy our Services.
8. Cancellation
8.1. The Buyer has the right to cancel the Services, by notice in writing, at any time before seven working days has passed from the day after the payment was made. If, however, we start to perform our side of the service with the agreement of the Buyer before the Buyer exercises this right to cancel, the right to cancel is lost.
9. Anti-Fraud Measures
9.1. In the unlikely event that the codes we provide fail to unlock the Buyer's mobile phone, and if all criteria in Section 5 of these terms & conditions are met, we will seek further evidence to support the customers claim that the provided codes failed to remove the network restriction on their mobile phone before any claim for a refund can be satisfied. The Buyer will be required to send the target handset - with the network restriction still in place, to us for investigation purposes. The network restriction MUST still be in place when the handset reaches us. If the network restriction has been removed when the handset reaches us - even if the Buyer states that they used another service to remove the network restriction - we will assume that the codes we provided have unlocked the handset, and any claim for a refund will be denied. The handset MUST be sent to us via a recorded delivery system to our registered office address mentioned above. Upon receipt we will run a number of tests to determine that all criteria in section 5 of these Terms and Conditions were met when the Buyer attempted to remove the network restriction on their mobile phone. If we are satisfied that all criteria in Section 5 of these Terms and Conditions were met, and that the codes we provided failed to unlock the handset, we will return the handset to the Buyer with a full refund of their original payment and any postage costs incurred in sending the handset to us. However if we obtain evidence that all criteria in Section 5 of these Terms and Conditions were not met, the handset will be returned to the customer as it arrived with us, and no refund will be given. These measures may seem a little extreme to most, however due to the electronic nature of our business, we have no other way to determine whether an unlock has been successful or not.
10. Advertising
10.1. The Buyer or User shall not use the Feedback or User Comments feature of this website to advertise other services. The Buyer agree that they shall not attempt to post the name, URL or any other details of other online or offline services as doing so is a direct contravention of these Terms and Conditions. Any Buyer or User who chooses to abuse this condition will be dealt with in the severest legal manner possible.
11. External Sites
11.1. Our website may contain links to other websites that are owned and operated by other third parties ("External Sites"). By using this site, you acknowledge that we are not responsible for the availability of, or the content located on any External Site.
12. General
12.1. We reserve the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. We shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
12.2. We reserve the right to withdraw any Services from the Website at anytime.
12.3. We shall not be liable to anyone for withdrawing the Services from the Website or for refusing to process an order.
12.4. We shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire or failure of any communications, telecommunications or computer system, and the we shall be entitled to a reasonable extension of our obligations.
13. Limitation of Liability
13.1. Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by us the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Services and we shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
13.2. Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our agents or employees.
13.3. In no event shall we be liable for any special, punitive, lost profits, direct, indirect, incidental, exemplary or consequential damages, or any damages whatsoever, whether in an action under contract, warranty, tort, or any other legal theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this site. Due to laws in particular jurisdictions do not allow limitations on how long an implied warranty lasts or exclusion of limitation of liability for some damages, the above limitations may not apply to you. Users of any product and services sold by us agree that we are not liable for any illegal conducts involving the use of those products and services.
14. Privacy Policy
14.1. We will not knowingly pass on any details we hold on Buyers or web site visitors to any third parties. We will take all reasonable care to ensure that any details that the Buyer submits to us are kept secure. The details that you submit to us will be kept to process orders only. You have the right to withhold personal information that is not needed for the transaction.
14.2. When dealing with your request for unlocking codes, the only personal information required is a name or alias and your email address.
14.3. If the Buyer finds any inaccuracies, we will delete it or correct it promptly. The personal information that we hold will be held securely.
14.4. We will never use the Buyer's email address to notify the Buyer about important functionality changes to the our web site, new services and special offers we think the Buyer would find valuable unless you have given explicit permission for us to do so.
14.5. We may use technology to track the patterns of behavior of visitors to our site. This can include using a cookie, which would be stored on your computer. You can usually modify your browser to prevent this happening.
14.6. The Buyer's statutory rights are not affected by this privacy policy.
14.7. You can view more about our privacy policy on our Mobile Unlocker Privacy Policy, Security and Your Information page.
15. Severance
15.1. If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions thereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
16. Changes to Terms and Conditions
16.1. We shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
10.2. Any renewal of the Services will be subject to our then current Terms and Conditions.
17. Governing Law and Jurisdiction
17.1. These Terms and Conditions shall be governed by and construed in accordance with the law of India and the parties hereby submit to the exclusive jurisdiction of the Indian courts.