Terms & Conditions

1.Introduction

This website is owned and operated by Media Telecom Ltd trading as "Number Cloak". We are registered in the UK (technically "England & Wales") under number 07126854. Our registered office is at Harborne Road, Edgbaston, Birmingham, West Midlands, England, B15 3AA.
1.1 Our other contact details are specified on our website. Our VAT number is 994055881.
1.2 Please read these terms and conditions carefully. They cancel and replace any previous versions. By applying for a telephone number with us you agree to be bound by these terms and conditions.

2.Definitions

2.1 "Number" means any telephone number which we supply to you. "Service" refers to our supply of Numbers and related services including this website.

3.Changes to the terms and conditions

3.1 We may change these terms and conditions by emailing the revised version to the email address you have supplied to us and by posting it on our website for a reasonable period before it become effective. You will be bound by the revised agreement if you continue to use our Service following the effective date specified.

4.Your order

4.1 Your application to us for a Number is an offer to contract with us on the basis of these terms and conditions. We reserve the right in our discretion to refuse your application for a Number. We accept your offer only if we send you a confirmation email.

5.Use of our Service

5.1 You agree to use your Number only for the genuine purpose of receiving calls or other communications at other telephone numbers.
5.2 You agree that the Service is subject to any restrictions or conditions stated on our website at the time you order.
5.3 You agree to comply with all applicable laws, regulation, code of conduct and acceptable use policies including all guidelines and requirements of Ofcom (see www.ofcom.org.uk/telecoms).
5.4 You agree that you will not in connection with our Service:
5.4.1 infringe third party intellectual property or other rights;
5.4.2 publish or send any information which is or becomes false or misleading, or is sexually explicit, sexually suggestive, vulgar, indecent, obscene, racist, xenophobic, abusive, unlawful, invasive of another's privacy, confidential, offensive, harmful, violent, threatening, harassing, stalking, defamatory, or which encourage or assist any of the foregoing;
5.4.3 send junk mail, spam and pyramid or similar or fraudulent schemes;
5.4.4 do anything which may have the effect of disrupting the Service including worms, viruses, software bombs or mass mailings; or
5.4.5 attempt to gain unauthorised access to any part of the Service or equipment used to provide the Service.
5.5 You are not eligible for, and must not attempt to use, our Service if to do so would be unlawful under the laws (if applicable) of the country from which you are accessing the Service.
5.6 You acknowledge that we do not supply support services except to the extent specifically stated on our website. Stated support will be available between normal business hours, which are Monday- Friday, 0900- 1700.
5.7 You must comply promptly with any guidelines or requirements on our website (and it is your responsibility to check our website regularly for such notices) and with any reasonable request or instruction by us in connection with the Service.
5.8 Your Number and your account with us are for your personal use only and are non-transferable. You must not sell, transfer, assign or in any other way authorize or permit any third party to use your Number or your account whether or not in return for any benefit.
5.9 You must protect and keep confidential your password and other account or identity information. You must notify us immediately of any unauthorised use of your Number or other apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password.
5.10 You are responsible for third parties who use your Number or account (unless and to the extent that we are at fault).
5.11 You must ensure that all information which you provide us is accurate and not misleading.

6.Payment and charges

6.1 There is no charge for use of our Service.
6.2 However, you acknowledge that callers to the Number will be charged at the rates shown on our website. You must take reasonable steps to bring these charges to the attention of anyone to whom you provide the Number.

7.Cancellation

7.1 You may at any time cancel your Number by following the instructions on our Service.

7.2 Your Number will be automatically cancelled if you do not use the Number at least once in any six month period.

7.3 We may at any time permanently cancel your Number and use of our Service (giving notice by email as soon as reasonably practicable):
7.3.1 if, acting reasonably, we think that you have breached our terms and conditions or it is necessary to protect us or others; 7.3.2 for reasons beyond our reasonable control we are unable to continue to provide the Service;
7.3.3 in accordance with any requirement of Ofcom; or
7.3.4 if we are otherwise required to do so by law or appropriate authority.
7.4 We cannot be held legally responsible for loss or damage resulting from cancellation of your Number or use of our Service provided we act in accordance with this agreement. You acknowledge that we may re-allocate your Number to a third party following cancellation.
7.5 If we have given notice of cancellation in accordance with these terms and conditions, you must not attempt to re-register for or use our Service.
7.6 Following cancellation of your Number for any reason, all clauses in this agreement which are intended to continue after cancellation will continue to apply.

8.Functioning of our Service

8.1 We take reasonable care to operate our Service and to rectify faults if they occur but we cannot guarantee that the Service will be uninterrupted or error-free.
8.2 We are not responsible for any faults which arise from third party goods or services including third party telecommunications networks.
8.3 You acknowledge that we may have to suspend the Service for repair, maintenance, improvement or other technical reason. If so, we will do our best to ensure that the suspension takes place at a time when our Service is least likely to be used and that the suspension is for the shortest period possible.

9.Third party websites

9.1 We may link to third party websites which may be of interest to you. We do not recommend or endorse those sites or the products or services which they offer nor are we legally responsible for them as they are outside our reasonable control. You use such third party sites at your own risk.

10.Intellectual property rights

10.1All trade marks, logos, graphics, images, photographs, animation, videos, text and software used on the Service are our intellectual property or that of our partners. You may display, reproduce or otherwise use such content insofar as necessary to view it within our site for genuine, private, non-commercial purposes. You may not otherwise retrieve, display, modify, copy, print, sell, download, hire or reverse engineer (unless permitted by applicable law) or use such content without our specific prior written consent.

11.Liability

11.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
11.2 You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.
11.3 Very important: If you are a consumer (ie not acting in the course of a business), we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
11.3.1 there is no breach of a legal duty of care owed to you by us or by any of our employees or agents; 11.3.2 such loss or damage is not a reasonably foreseeable result of any such breach; 11.3.3 such loss or damage is caused by you, for example by not complying with this agreement; or 11.3.4 such loss or damage relates to a business.
11.4 If you are a business, our liability of any kind (including our own negligence) with respect to our Service for any one event or series of related events is limited to the total call charges payable in relation to the relevant Number in the 12 months before the event(s) complained of.
11.5 If you are a business, in no event (including our own negligence) will we be liable for any:
11.5.1 economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings); 11.5.2 loss of goodwill or reputation; 11.5.3 special, indirect or consequential losses; or 11.5.4 damage to or loss of data (even if we have been advised of the possibility of such losses).
11.6 Very important: If you are a consumer (ie not acting in the course of a business), you will liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Service (subject of course to our obligation to mitigate any losses).
11.7If you are a business, you will indemnify us against all claims and liabilities directly or indirectly related to your breach of this agreement.

12."Act of God"

12.1 Neither you nor we are liable for failure to perform or delay in performing any obligation (excluding payment) under this agreement if the failure or delay is caused by any circumstances beyond your or our reasonable control.

13.Transfer

13.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

14.English law

14.1 These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.

15.General

15.1 You must send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. This agreement constitutes the entire agreement between you and us. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a "waiver" (ie that it can't be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise.

16.Complaints

16.1 If you have any complaints, please contact us via the contact details shown on our website or write to our address shown at the start of these terms and conditions.