Help & Support | Utilita Mobile

Terms & Conditions

Terms & Conditions
1. YOUR AGREEMENT WITH US
  This section explains that you are entering into a legally binding agreement with us, describes how and when your contract for the provision of the Utilita mobile services starts and what to expect at the start of your journey with us.
  
  Principal contract information
  1. Your agreement is with Utilita Energy Limited of Hutwood Court, Bournemouth Road, Chandler's Ford, Eastleigh SO53 3QB, registered in England and Wales under company registration number: 04849181 and with VAT number 823818422.
  2. Utilita Mobile is a trading name of Utilita Energy Limited. “We”, “our” or “us” shall be read as references to Utilita and Utilita Mobile
  3. You must read this agreement carefully. By completing an Application and/or by using the Services, you will be deemed to have accepted this agreement. It is important that you read and understand this agreement before you submit an Application to us and before you start using the Services.
  4. If you are having difficulty in understanding this agreement or require any assistance, please contact our Customer Services Team who will be able to provide support and helpful resources.
  5. Any words capitalised or highlighted in bold in this agreement have special meanings. Where a word or phrase is really important, we have underlined them in order to emphasize their importance to you.
  6. Any words following the words “include”, “includes”, “including”, “in particular” or any similar words or expressions are illustrative only and shall not limit the meaning of the words before them.
  7. A list of all defined terms that we use is available at section 13 at the end of this agreement.
2. BEGINNING OUR SERVICE TO YOU
  This section explains when and how we will begin supplying the Services to you.
  
  Eligibility
  1. In order to receive the Services, you must meet the following eligibility criteria:
    1. You must be 18 years old or older;
    2. You must live in an area in the Territory where the Services are accessible. We do not accept orders from addresses outside the Territory;
    3. You must be the owner of the Device that will use the SIM Card to access the Services.
  2. You agree that the Services are to be used for personal use and domestic purposes only.
  3. You can join Utilita Mobile by completing an Application either:
    1. Online: via our Website;
    2. Over the phone: with a member of our Telesales Team;
    3. In-store: in one of our Hubs;
    4. Face-to-face sales: at your home through a visiting door-to-door sales agent.
  4. All Applications will be a subject to Utilita performing minimum validation and compliance checks.
  5. If you have completed an Application at one of our Hubs, you will receive your SIM Card in store.
  6. For all other Applications, we will send the SIM Card to the address stated in your Application. We aim to send the SIM Card to you within one week after we have received an Application from you. However, we cannot guarantee this in each case. Your SIM Card will be delivered by Royal Mail.
  7. You can order up to a maximum of 5 SIM Cards per household every 6 months.
  8. If you are a new customer, and you wish to keep your existing mobile telephone number, please refer to our Code of Practiceon Number Portingfor the steps you should follow: https://mobile.utilita.co.uk/terms/#cop.
  9. Please also read our FAQs for helpful information: https://mobile.utilita.co.uk/help.
  10. If you change your mind about using the Services, you may cancel within a 14-day Cooling-off Period starting from the latest of:
    1. the day after you receive the SIM Card; or
    2. the day on which you received a copy of this agreement in printed or PDF format.
  11. You can cancel your Contract within the Cooling-off Period as follows:
    1. if you have not activated the SIM Card:
      
      do not insert the SIM Card into your Device;
      
      if you have inserted the SIM Card, simply remove it from your Device; and
      
      contact our Customer Services Team to cancel any Pay Monthly Bundle (if applicable),
      
      and we will refund you in full any credit and bundle allowance you have paid to us in relation to your Contract.
    2. if you have activated the SIM Card:
      
      remove the SIM Card from your Device; and
      
      contact our Customer Services Team to cancel any Pay Monthly Bundle (if applicable),
      
      and we will refund you in full any credit and bundle allowance you have paid to us in relation to your Contract, except for reasonable costs and charges. You agree to pay an amount reflecting the amount of the Services you have used up to the date of cancellation. These charges will be an amount proportionate tothe number of days remaining when you make your refund request.
  12. We will make any refunds which you are entitled to (after we have deducted any amounts due to us) as soon as possible but no later than 14 days, starting from either the day after we are informed that you wish to cancel. Where possible, we will refund using the same method of payment you used to pay us.
  13. We will not refund any one-off fees for activation or installation of the Services.
  14. Your right to a refund may be subject to checks and reviews in order to combat fraudulent and/or criminal activities.
  15. All refunds are subject to our Code of Practice on Refunds which is available on our Website: https://mobile.utilita.co.uk/terms/#cop. We will acknowledge and confirm any request to cancel the Services or your Contract by email using the email address which is registered and associated with your account.
  16. We are responsible for providing you with a SIM Card so that you can use the Services.
  17. We will begin to supply the Services to you when you have given us all the information we have asked for and you have inserted the SIM Card into your Device and activated it.
3. THE SIM CARD
  This section explains your access to and use of the SIM Card.
  
  Activating the SIM Card
  1. The SIM Cards are designed to work in Devices which accept nano, micro and standard SIM Card sizes.
  2. It is your responsibility to check that your Device is compatible with the SIM Card and capable of receiving the Services. We accept no liability for loss or damage or for not being able to use the SIM Card or the Services due to incompatibility.
  3. Upon receipt of the SIM Card, you will need to register it in order to activate and make use of the voice, text and data services under your Bundle.
  4. To activate the SIM Card for voice, text and data services, you need to follow these steps:
    1. for voice and text services: you must call 501.
    2. for data services: you must either top-up at a shop and access any webpage or download our self-care app over Wi-Fi.
  5. All SIM Cards shall always remain our sole and exclusive property.
  6. You are responsible for looking after the SIM Card and ensuring it is kept in good condition.
  7. Once a SIM Card has been placed into a Device, there is little maintenance required. If the SIM Card becomes inoperable for any reason, then a replacement can be ordered. However, we may apply an administration charge which will be made clear to you upon your request.
  8. You must keep your PIN and/or password relating to the SIM Card secure and confidential. You should immediately change your PIN and/or password if you suspect that someone is using the Services on your account without your permission.
  9. You are responsible for the security of any Device that the SIM Card is inserted into. You must keep it, and any PINs or passwords for any services you access through the Device, secure and confidential.
  10. If your SIM Card is lost or stolen, or if you suspect that someone is using the Services without your permission, you must immediately contact our Customer Services Team.
  11. If you require a new SIM Card, we will conduct the same validation checks which we undertook as part of your Application before issuing you with a new SIM Card.
4. USING UTILITA MOBILE
  This section explains your access to and use of the Services.
  1. We publish Codes of Practice on our Website which give further details about the rules governing your use of the Services. We may amend or change these Codes of Practice at any time and changes will be effective from when they are available on our Website unless we are required by law to give you notice in respect of each intended change.
  2. If you upload and send your own content using the Services, you grant us an irrevocable, royalty free, perpetual and worldwide licence to store, transmit or otherwise deal with any content you upload on the Services.
  3. You must not use the Services, the SIM Card or allow anyone else to use the Services or the SIM Card for illegal or improper uses.
  4. You agree that you will co-operate with us and follow any reasonable instructions that we give to you to ensure the safe and proper use of your account and our Services.
  5. We operate a fair usage policy in relation to the Services that we offer. You can find more information on the limits which may be applied to certain Services in our Code of Practice on Fair Usage available here: https://mobile.utilita.co.uk/terms/#cop.
  6. We cannot guarantee that you will have uninterrupted, error free access when using the Services.
  7. You must comply with theUtilita Mobile Codes of Practice available on our Website here: https://mobile.utilita.co.uk/terms/#cop. We reserve the right to amend the Utilita Mobile Codes of Practice from time to time and will give you reasonable notice.
  8. If you breach any of Utilita Mobile Codes of Practice, we reserve the right to suspend the supply and/or your access to the Services.
5. PRICE PLANS, BUNDLES AND PAYMENT
  1. We will give you details of our current prices as part of your Application. Our current plans are also available on our Website here or you can contact our Customer Service Team.
  2. Where applicable, we will charge you VAT at the applicable rate.
  3. We offer two types of Mobile Plans:
    1. Standard mobile package: made up of minutes, texts, and mobile data; and
    2. Data add-ons: made up of mobile data only.
  4. Only one standard mobile package can be active on your SIM Card at any one time.
  5. Data add-ons can be purchased in addition to the standard mobile package. You can only purchase a data add-on if you already have a standard mobile package loaded onto your SIM Card. A data add-on will expire at the end of each monthly billing cycle. More than one data add-on can be purchased if required. Any remaining data add-on allowances will not be carried into your next month’s billing cycle.
  6. We can update, vary, remove and add any Mobile Plans at any time. We will provide you with appropriate notice for any changes that we make to our Mobile Plans.
  7. With our PAYG service, you can only use our Services if you have topped-up your account and have available credit on your SIM Card. You can top up your account via phone, online, in most shops, at any of our Hubs, via the App or the Portal.
  8. If you do not use your credit on your SIM Card for 6 months, it will permanently expire.
  9. Some top-ups must be activated during the specified validity period and the credit used within a specified period from the date of activation. For more details on the amounts that you can top-up on your SIM Card, please see our Code of Practice on Paying for our Services at https://mobile.utilita.co.uk/terms/#cop.
  10. Any unused credit or allowances remaining at the end of the specified period will be forfeited. If activation or specified periods apply, we will set this out in the accompanying customer documentation.
  11. With our Pay Monthly Bundle, you pay a set amount each month which includes an allowance of minutes, texts and mobile data. You pay by recurring card payment however you can cancel or change your Bundle at any time. A recurring card payment is where you give us your debit or credit card details so that we can take regular payments from you.
  12. You can cancel your Pay Monthly Bundle at any time by cancelling your recurring card payment in the App or Portal or by either contacting your bank or our Customer Services Team.
  13. The full list of our current Bundles is available on our Website here: https://mobile.utilita.co.uk/bundles/.
  14. We can update, vary, remove and add any Bundles at any time. We will provide you with appropriate notice for any changes that we make to our Bundles.
  15. Any updates to Bundles and related terms will be made available on our Website and upon request upon receiving an email to hello@mobile.utilita.co.uk or a call on 03300 585508. Where necessary, we will also communicate any updates to you in writing by way of email or post.
  16. Any new changes we make will not affect any Bundle you purchased before the changes were published. If you decide to purchase the same Bundle upon expiry of your current Bundle, the changes will apply.
  17. You may use the App or Portal to review your current balance and Bundle usage. Before using the App, you will be asked to review and accept additional terms. You can only use the App or Portal if you consent to your data (including but not limited to personal data about yourself and your account) being transferred to us.
  18. When paying for our Services through the App or Portal, the payments are collected and processed by third parties on our behalf. You can find more information on the third parties that we engage in our Privacy Information Notice available here .
  19. If you have any difficulty in making payments for the Services, or you believe that you will have difficulty, you should contact us as soon as possible to explain your position so we can work with you to try and help you. If you are living with a vulnerable person, it is even more important that you contact us as soon as you get into payment difficulties.
  20. You will still be able to call freephone numbers or contact emergency organisations such as the police, ambulance, or missing children services even if you do not have any credit or any minutes, texts and/or mobile data available on your SIM Card.
  21. We may ask you to pay for our Services by an alternative method.
  22. If you do not pay for the Services or do not pay in a timely manner, we may incur additional costs related to recovering the payment from you, which we will pass on to you. This includes any costs we incur if we need to take legal action against you in order to recover the outstanding fees.
  23. If you cancel your Contract with outstanding charges payable to us, and we are unable to speak with you, we will take reasonable steps to locate you and we may charge you additional sums to cover our costs to do so.
  24. If you dispute a charge, please let us know as soon as possible. You are responsible for paying any undisputed charges.
  25. If you are late in making a payment, we may impose a late interest charge at a rate of 4% above our nominated high street bank base rate.
  26. If you have more than one account with us, we may use money paid to one account to pay off outstanding money owed to us on your other accounts.
  27. Any action or attempt by you to misuse the Services or any SIM Card that we provide to you, to consume the Services without paying for it, or use the Services for illegal activities may constitute a criminal offence.
  28. Where we become aware of inappropriate behaviour or an allegation an offence may have been committed, we will investigate these allegations and will act in accordance with our regulatory standards. This may include passing information about you to the police.
  29. Where we undertake revenue protection activities, this may result in extensive charges being made to your account including the cost of any investigation, warrants, legal proceedings, and any other reasonable costs that we incur as a result of the above activities.
6. SERVICE QUALITY AND COVERAGE
  This section explains the service quality levels and the network coverage in place for the Services.
  1. We will always try to make the Services continuously available to you. However, the Services are only available within our coverage area within the Territory. As such, there may be areas where you do not have access to all, or part of, the Services or where coverage is limited, intermittent, or unavailable. For more information about coverage, go to https://mobile.utilita.co.uk/help/#.
  2. There may be situations when the Services are not continuously available, or the service quality is affected. In these situations, we cannot guarantee continuous fault-free service. For instance:
    1. when the network or the Services are being upgraded or when maintenance or other works are being carried out;
    2. if you are on the move whilst you are on a call, we may not be able to maintain your call;
    3. when you are in areas not covered by the network and the Services rely on other operators’ networks (which we have no control of); and
    4. due to factors outside our control, such as the features or functionality of your Device, regulatory requirements, lack of capacity, interruptions to the Services from other suppliers, faults in other communication networks, the weather or radio interference caused by hills, tunnels or other physical obstructions.
  3. If you experience any performance issues with the Services, you can view the current network status here. You may be entitled to receive a refund if we do not provide the Services in accordance with the expected quality levels and we refer you to our Code of Practice on Refunds for further information: https://mobile.utilita.co.uk/terms/#cop.
  4. If you travel abroad, we aim to connect you to international networks. This is called ‘roaming’. We cannot guarantee our service levels whilst you are abroad because these international networks are outside our control and the service may be limited in quality and coverage.
  5. You can use your Bundle allowance and data add-ons in any zone outside of the Territory however roaming charges may apply. We refer you to our Code of Practice on Roaming for further information on roaming charges: https://mobile.utilita.co.uk/terms/#cop.
  6. If you have any questions about the availability or coverage of the Services, please contact our Customer Services Team.
7. SECURITY
  This section explains each of our responsibilities in relation to the security of the Services.
  1. You are responsible for ensuring that your Device can use the Services and that it will work with our SIM Card.
  2. You are responsible for ensuring that you have in place appropriate security measures to access the Services on your Devices, such as virus protection software.
  3. You acknowledge that if you access the Internet on your Device, you do so at your own risk. We are not responsible for any third-party Websites, resources or Content you may access on the Internet on your Device whilst using the Services.
8. MANAGING PERSONAL INFORMATION
  This section explains how we obtain, process, share and manage your information in relation to the Services.
  1. We collect data about you and your household so we can provide the Services to you and to comply with our regulatory obligations.
  2. We explain what information we collect and what we use it for in our Privacy Information Notice which is available online at https://mobile.utilita.co.uk/terms/#privacy or you can call our Customer Services Team if you need a hard copy.
9. SUSPENDING OR ENDING THE SERVICES
  This section explains the circumstances in which we and you can bring the Services to an end. From time-to-time, it may be necessary to temporarily pause or permanently stop supplying the Services to you.
  
  If we wish to suspend the Services
  1. We may from time to time temporarily pause the Services in order to carry out regular or emergency maintenance. We will always aim to give you as much notice as possible for any schedule maintenance (except in emergencies which may be undertaken without prior notice).
  2. Sometimes we must suspend or restrict the supply of the Services, or we may refuse to supply the Services, where:
    1. we reasonably believe you may be committing an unlawful act or using the Services and/or the SIM Card for fraudulent purposes or otherwise in an illegal or improper manner;
    2. you have provided us, or we have reasonable belief that you have provided us, with false or misleading information in your Application or otherwise;
    3. you are not carrying out your responsibilities under this agreement;
    4. you are using our Services for business use or in a manner not permitted under your Contract;
    5. there is danger to the public or property if we continue to supply the Services;
    6. we are required to suspend your access to the Services by in any circumstances permitted the emergency services, Government authorities or otherwise in law or regulation;
    7. we reasonably believe, or you have reported, that your SIM Card has been lost or stolen; or
  3. Your SIM Card will become inactive and terminate after 90 calendar days of Non-Use. During the 90-day termination period, the following process shall apply:
    1. 30 calendar days of Non-Use: your SIM Card will change status from “active” to “dormant”. You will receive a text message to confirm the change in status and that you have 30 days before we issue a termination notice. To reactivate your SIM Card, you need to Use it and perform an outgoing event.
    2. 9.3.260 calendar days of Non-Use: your SIM Card will change status from “dormant” to “termination notification”. To reactivate your SIM Card, you need to Use it and perform an outgoing event.
    3. 90 calendar days of Non-Use: your SIM Card will change status from “termination notification” to “terminated”. Your SIM Card will be terminated. You will not be able to reactivate your SIM Card once it has been terminated.
  4. If we have suspended your SIM Card under this agreement due to inactivity and you still wish to use it, please Use the Services or call our Customer Services Team immediately. We may be able to reactivate your SIM Card within 90 days of the original suspension. We reserve the right to charge a reasonable administration fee to reactivate your SIM Card.
  5. If you wish to cancel your Contract, you do not need to not notify us. Simply remove the SIM Card from your Device and do not use it.
  6. If you have a Pay Monthly Bundle, you must also cancel your monthly subscription by either contacting your bank or our Customer Services Team. Otherwise, you may continue to make recurring monthly payments to us.
  7. Subject to any Cooling-Off Period, any unused credit or remaining Bundle allowance placed on the SIM Card is non-refundable upon your termination of our Services.
  8. If you wish to switch away from Utilita Mobile, but you would like to keep the same mobile telephone number, please refer to our Code of Practice on Number Porting at https://mobile.utilita.co.uk/terms/#cop.
  9. We may cancel your Contract immediately if:
    1. you have, or we reasonably believe you have, breached this agreement to the extent that we are entitled to suspend or terminate the Services for any reason set out in this agreement;
    2. we are not able to connect to other operators’ networks (which is required to provide the Services), or if we are no longer able to provide the Services due to factors beyond our control or because we cease to operate;
    3. we become aware of your death or any other factor that we reasonably believe would render you incapable of carrying out your obligations under this Contract;
    4. we decide to stop supplying the Services altogether.
  10. Cancellation of your Contract will not affect any existing rights or obligations that you or we may have.
  11. Upon any cancellation of your Contract, we will close your account and disconnect you from the Services. You will no longer be able to use the SIM Card or make emergency calls. If you do not want to lose your mobile telephone number, you must ask for your number to be ported before you are disconnected. Please refer to our Code of Practice on Number Porting for further information: https://mobile.utilita.co.uk/terms/#cop.
  12. We will not, and we have no obligation to, retain any of your content from your use of the Services including (but not limited to) messages, voicemails, data and call logs.
  13. If we cancel your Contract due to your breach of this agreement, or due to your Non-Use, any unused credit or Bundle allowances on your SIM Card will be forfeited.
  14. If we cancel your Contract for any other reason, or if you give us notice that you wish to cancel your Contract and close your account, any unused credit will be returned to you subject to and in accordance with our Code of Practice on Refunds which is available here.
10. OUR LIABILITY TO YOU
  This section explains and sets out our liability to you in relation to the Services.
  
  What we are responsible for
  1. We do not limit or exclude our liability to you for death or personal injury arising out of our negligence, fraudulent misrepresentation or your statutory consumer rights or which cannot be excluded or restricted by law.
  2. We are only responsible for loss or damage that is reasonably anticipated as a result of us failing to perform our obligations under this agreement.
  3. Subject to clause 10.1 of this agreement, if you suffer loss as a result of our failure under your Contract, our total liability to you shall not exceed 100% of the value of the amount paid by you in the first 12 months of the agreement for any loss or damage or for any one event or series of connected events in any 12-month period.
  4. We are not responsible for any loss or damage that cannot be reasonably anticipated. This includes any loss or damage which you may incur in connection with:
    1. the Services or any SIM Card;
    2. the use of, or inability to use, the Services or any SIM Card,
  5. We are not responsible for any indirect, special or consequential losses that you may suffer including:
    1. any loss of income or revenue;
    2. loss of salary, benefits or other payments;
    3. loss of anticipated savings;
    4. loss of corruption or damage to any Content, data, information or any computer system;
    5. loss of or damage to goodwill or reputation; or
    6. any other loss or damage of any kind howsoever arising.
  6. If we cannot supply the Services to you because of a third-party provider, e.g. the network operator, our total liability to you is limited to the amount that we are able recover on your behalf from that third party.
  7. The Services do not cover any products or services that you buy while using the Services. We are not responsible for any loss or damage you incur as a result of any sales or purchases you take on when using the Services.
  8. We are not responsible for the deletion, loss or corruption of any Content which you access or is available on your Device, regardless of whether you use the Services.
  9. We are not responsible for any business losses. We only supply the Services and SIM Cards for domestic and private use. If you use the Services or any SIM Card for any commercial, business or re-sale purpose, we are not responsible to you for any loss of profit, loss of sale or business, business interruption, or loss of business opportunities or contracts.
  10. We are not responsible for any loss or damage caused by us or any representative should we have to visit your home in relation to this agreement if such loss or damage is caused by, or was contributed by, your failure to provide a safe working environment.
  11. Nothing in this clause affects your statutory rights relating to the Services provided under this Contract. For information on your statutory rights, we recommend that you obtain independent legal advice or contact the Citizens Advice Bureau. You can find the appropriate contact details for on their Website at www.citizensadvice.org.uk.
  12. You agree that the limitations and exclusions set out in this agreement are reasonable and proportionate.
11. MANAGING YOUR ACCOUNT
  This section explains how we will operate your account on a day-to-day basis and how we will engage and interact with you.
  
  Contact and your information
  1. You are responsible for ensuring the information you have given us is accurate and up to date. We ask you for an email address in your Application and we will use this to contact you unless you ask us to use an alternative email or other form of communication. We may also communicate via post, phone, electronic messaging, text message or social media where appropriate.
  2. If you do not want us to contact you electronically, for example, because you do not have or cannot use email, please contact our Customer Services Team who will update your account preferences.
  3. You are responsible for ensuring that you, and your household, co-operate with us in the supply of the Services and comply with the requirements in this Contract.
  4. If you have special or priority needs, then you must let us know by contacting our Customer Services Team.
  5. We can only offer these priority services where we are made aware of your needs and you give us consent to include your details on our confidential register of customers with special or priority needs. This enables us to respond appropriately to your needs.
  6. For further information, please visit our Code of Practice on Vulnerable Customers: https://mobile.utilita.co.uk/terms/#cop.
  7. We try to provide an excellent service but recognise that you may not always be happy with us or the Services.
  8. For further information on our complaints process, please visit our Code of Practice on Complaints: https://mobile.utilita.co.uk/terms/#cop. This will give you further information about our timescales for dealing with complaints and what you can do if you are not satisfied with our handling of your complaint including the contact details for the Communications Ombudsman.
  9. The Communications Ombudsman has a set of rules that govern complaints that they can and cannot accept for review. The Communications Ombudsman can review complaints relating to: billing, installations/delays, loss of service, customer service, switching suppliers and sales.
  10. If you want a copy of our complaints handling procedure, please contact our Customer Services Team.
  11. From time to time, we run promotions for Utilita Mobile customers. We will post any promotion on our Website and if you wish to take part, you will be required to read and agree with additional terms and conditions.
  12. From time to time, we may need to make changes to this agreement, Bundles, your prices or plan information, the Utilita Mobile Codes of Practice or our Privacy Information Notice. We will publish changes online or in other communications with you. Where we can do so and you have not told us this is not suitable for you, all such communications will be given electronically.
  13. f we seek to make any change to your disadvantage (including increasing our prices or removing any Bundle) we will give you a minimum of 30 calendar days’ notice in writing of the change, explaining the reason for the change, when it will take effect and the impact on you. Where we give you notice of a price change, we will only apply that change from the date we have told you.
12. GENERAL TERMS
  This section explains the operative terms of your Contract, this agreement and how we will manage them with you.
  
  Matters beyond our reasonable control
  1. If we cannot comply with our obligations under 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, epidemic or pandemic, civil disorder, industrial disputes, 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, we will not be liable for this.
  2. Unless otherwise stated in this agreement, any formal notice that we send to you in relation to your Contract will be in writing and delivered to you:
    1. by post using your billing address; or
    2. by email using the email address that you provided to us in your Application unless you have provided us with an alternative, more recent email address.
  3. Any notice we send (whether by post, email or otherwise) will be considered as received by you on the 2^nd Business Day after we have sent it to you.
  4. If you wish to send any formal notice to us, you must send it:
    1. by post: FAO Utilita Mobile, Customer Services Team, Hutwood Court, Bournemouth Road, Chandler’s Ford, Eastleigh SO53 3QB; or
    2. by email: hello@mobile.utilita.co.uk.
  5. This agreement is between you and us which means you agree to comply with this agreement and all other documentation related to your Contract. You cannot transfer it to another person without our written consent.
  6. We may transfer or subcontract all or any part of our obligations under your Contract and this agreement to a permitted third party and your rights will not be affected.
  7. If any part of this agreement is found to be invalid or unenforceable by any competent authority, this will not affect the validity of the remaining provisions of the agreement.
  8. We can enforce any rights and obligations under this agreement even if there is a delay in doing so.
  9. This agreement shall be governed by the laws of England and Wales and disputes arising shall be dealt with by the English courts. If you live in Scotland, you may bring proceedings in either the Scottish or English courts.
13. DEFINITIONS AND INTERPRETATION
  This section explains and sets out the defined words in this agreement and what they mean to you and us.
  1. App - means the self-care mobile application called “Utilita Mobile App” which is available for download from Apple’s App Store and the Google Play Market.
  2. Application- means the document that you complete with us as part to determine your eligibility for the Services. The Application can be completed either:
    1. Online: via our Website.
    2. Face-to-face: in one of our Hubs or at your home through a sales agent.
    3. Over the phone: with a member of our Customer Services Team.
  3. Bundle - means the fixed monthly cost for your chosen Mobile Plan.
  4. Business Day - means any day (other than a Saturday or Sunday) on which banks are open in London for normal banking business.
  5. Code Of Practice - means the useful documents in relation to the Services which work together with this agreement.
  6. Communications Ombudsman - means the organisation approved by Ofcom to independently handle disputes between consumers and communications providers.
  7. 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.
  8. Contract - means your chosen Bundle, together with the terms of this agreement, our Codes of Practice, our Privacy Information Notice and any promotional or special terms which may apply to the Services from time-to-time.
  9. Cooling-off Period - means the amount of time available to you in which you can change your mind in relation to the Services without any penalty, as described in Section 3 of this agreement.
  10. Customer Services Team - means the team responsible for managing any queries or complaints that you may have in relation to the Services, your Contract and/or this agreement.
    The Customer Services Team can be contacted on:
    1. Email: hello@mobile.utilita.co.uk
    2. Post: Utilita Mobile, Customer Services Team, Hutwood Court, Bournemouth Road, Chandler's Ford, Eastleigh SO53 3QB.
    3. Phone: 03300 585508 or dial 500 from your mobile using the SIM Card.
  11. Device(s) - means a mobile telephone that is compatible with the SIM Card and which you use to receive the Services.
  12. Hubs - means a Utilita retail store. Further details about our Hubs and their locations are available here.
  13. Mobile Plan - means the mobile package of minutes, texts and/or mobile data which you will receive whilst you use the Services.
  14. Non-Use - means any event, activity or action of the SIM Card which is not deemed as permitted Use, including but not limited to:
    1. making an outbound phone call, SMS or MMS message to a free number; and/or
    2. using the SIM Card to only receive inbound phone calls, SMS or MMS messages.
  15. Ofcom - means the Office of Communications, the UK’s communications regulator.
  16. PAYG - means Pay as you Go.
  17. Portal - means the self-care portal which is available on the Website here .
  18. Privacy Information Notice - means our privacy information notice detailing how we process your personal data, which is available here .
  19. Services - means the provision and supply of the mobile communication services and related telecommunications services to your Device.
  20. SIM Card - means the SIM Card that we send to you for you to use the Services.
  21. Telesales Team - means the team responsible for promoting Utilita Mobile and the Services.
  22. Territory - means the United Kingdom (England, Scotland, Wales and Northern Ireland).
  23. Use - means an outgoing chargeable event, activity or action using the SIM Card limited to any of the following:
    1. you make a successful outbound phone call;
    2. you successfully send an SMS and/or MMS message; and/or
    3. you use any of your data allowance,
  24. Website - means https://mobile.utilita.co.uk/.

Privacy Information Notice

Utilita Mobile is committed to the operation of fair processing in relation to the collection and use of personal information. This Privacy Information Notice explains how we will collect and use your personal information and is in addition to our Utilita Mobile Terms and Conditions which can be found at mobile.utilita.co.uk/terms#privacy

Utilita Energy Limited (Telecoms division) is the controller in respect of personal information used in the connection and use of your Utilita Mobile sim and associated services. If you have any questions or concerns in relation to this Privacy Information Notice you can contact our Data Protection Officer at DPO@utilita.co.uk or write to us at Utilita Mobile, Hutwood Court, Bournemouth Road, Chandlers Ford, Eastleigh, SO53 3QB.

We may process personal information about you whether you are an existing customer or have requested that we provide you with a Utilita Mobile sim.

We rely on different legal bases to process your personal information. Here we have set out what these mean, so that you can easily understand the different legal bases when you see them written in bold throughout the remainder of the policy.

Consent - you have given us your consent to process your personal information (usually by voluntarily providing the information to us), you can withdraw your consent at any time.

Contract - we are processing your personal information in order to carry out our contractual obligations under your Contract with us.

Legal - we are processing your personal information in order to comply with any regulatory government or legal requirements.

Legitimate Interest - we have a legitimate business interest in processing your personal information, this may include, fraud prevention, protection of our business, managing and improving the Services.

What information we may collect and how we use it

We collect information about you from a number of different sources, including from you directly and from third parties. If you do not give us the information we may ask for, we may not be able to provide some or all of our Services.
1. We will ask for Personal Information (such as name, address, date of birth, telephone and numbers, gender, and email address) as part of your application for a sim card, and when you contact us about issues, complaints, Services, and payments.
2. We will collect Usage Information relating to the use of your Utilita Mobile sim and the Services (including; location data communication data, IP addresses, the unique identifiers for your device and sim).
3. We will collect Financial Information (including payment details, bank or payment card details, registration details, details of payments to or from you and details of Services you have purchased from us.
4. We may collect information from third parties, including credit referencing agencies, fraud prevention agencies, marketing partners and other commercial partners who may deliver services to us.
We use this information to:
1. Identify you;
2. Provide the services set out in our Terms and Conditions;
3. To administer your account with us, including how we provide the Services to you;
4. To resolve issues with your account and our service;
5. To monitor and review our services with a view to make improvements.
We may collect and process information relating to vulnerabilities or health related problems where it is relevant for our service. This type of data is a special category of personal data and we will only collect and use this information with your explicit Consent, or if you have explicitly disclosed this information to us so that we can provide additional Services that may be able to assist you.
We may share your information with:
1. Our third-party contractors to provide our services (Contract)
2. Third parties to trace your identity or location and chase any debts on the account (Legitimate Interest).
3. Third party agencies to manage any extra care we may offer if you require it due to vulnerability or health problems (Consent).
4. A third party you have nominated to represent you (where you have informed us they will be dealing with your account) (Consent).
5. Relevant industry regulators and partners, including, Ofcom mobile network operators, the Phone Paid Service Authority (Legal).
6. Third parties to process your payments and provide validation services (Contract)

Keeping in touch with you

We may use your personal information to send you service related messages by letter, email, text message, or phone. We will contact you with information by electronic means unless you have told us this is not suitable for your needs.
Where you have given us your Consent we may use your information to let you know about other relevant services that we have agreed should be made available to you, but only in accordance with the terms of this Privacy Information Notice and the consent statement you opted in to.
If you do not want us to use your information in accordance with paragraph 2.2 please either tick the box in the form we use to collect your data, or contact our customer services team, and tell them you would like to opt out of receiving marketing material.

How we look after your information

Information we hold about you is stored on secure servers that are protected from external access using best practice in information technology. Staff access our systems by individual password protected schemes, which limit access to your data to those who need to use it to provide our services.
All payment information is processed by a third-party service who are accredited and comply with PCI DSS standards at all times.

Your rights

Under Data Protection law, you have rights in relation to the information we collect and process about you.
You have the right to ask us for your personal information that we hold and process about you. This is known as a subject access request.
You can also ask:
1. That any inaccurate information we hold about you is corrected;
2. That we delete information about you for certain purposes;
3. If a decision has been made by automated means you have the right to challenge this decision;
4. That personal data you have given us be provided to you in a common machine-readable format, or sent to a third party where this is technically feasible.
The rights set out above may apply in limited circumstances, and we may not always be able to comply with your request to exercise these rights. We will try to respond to a request to exercise your rights within 1 month.
To find out more about your rights please visit the Information Commissioners Officer website here: ico.org.uk/your-data-matters/.
If you are unhappy with the way we handle your personal information, please contact our Data Protection Officer at DPO@utilita.co.uk. We will try to address your concerns. You can also complain to the Information Commissioner’s Office which is the relevant regulatory body.

Changes to the Privacy Information Notice

Any changes we make to our Privacy Information Notice will be posted online or included in communications to you from time to time.
The table on the back page provides a summary of how Utilita Mobile collects and shares your personal information.

What we usually collect	When and how we collect it	Why we collect it, and our main legal basis	How long we will normally hold it for
Contact Details	When you request a Utilita Mobile sim and updated while you are using our Services.	To identify you and provide our service to you under the Contract. After your contract has ended we have a Legitimate Interest in retaining the information to improve the Services and protect our business interests.	While your Utilita Mobile account is active and for 6 years after your account has been closed. We keep information for longer where necessary in connection with our right to establish, commence or defend any legal actions.
Usage Information	We collect this while you are using our service.	We have a Legitimate Interest in collecting this information to manage improve, and provide our Services to you.	While your account is active and for 6 years after your account has been closed.
Appropriate detail on the vulnerability you have told us about	We collect this when you contact us	You have given us your Consent to enable us to supply additional services that may assist with your vulnerability.	While your account is active or when you tell us you do not Consent (whichever occurs first).
Financial Information	If you use any of our other prepayment or top up online payment facilities	To monitor, process and record your payments under the Contract. After your contract has ended we have a Legitimate Interest in retaining the information to improve the Services and protect our business interests.	While your account is active and you continue to top up by your chosen method, and for 6 years after your account has been closed.

Codes of Practice
Utilita Mobile Codes of Practice
1. Introduction
  
  As a supplier of mobile services, we are committed to serving our customers to the highest standards.
  
  We have prepared the following codes to tell you about our service and customer care policies, as well as how we comply with the guidelines set by Ofcom – the UK’s communications regulator.
  
  Any words capitalised in these Codes of Practice have special meanings. A list of all defined terms that we use in these Codes of Practice is available at section 13 of the main Utilita Mobile terms and conditions.
2. Our contact information
  Customer Enquiries
  - Email: hello@mobile.utilita.co.uk
  - Post: Utilita Mobile, Customer Services Team, Hutwood Court,Bournemouth Road, Chandler’s Ford, Eastleigh SO53 3QB
  - Phone: 03300 585508 or dial 500 from your mobile using the SIM Card
3. Using our services
  Cancellations
  
  We offer two different services:
  - Pay as you Go (PAYG)
  - Pay Monthly
  If you are using our PAYG service, this means you are not tied into a fixed contract and you can stop using Utilita Mobile at any time. To end your agreement with us, simply remove the SIM Card from your Device and do not use it.
  
  If you are using our Pay Monthly service, then remove the SIM Card from your Device and do not use it. However, you will also need to cancel your recurring monthly payment, which you can do either in the App, the Portal or by contacting our Customer Services Team.
  
  While there is no penalty for stopping our Services, any remaining bundle allowance you have on the SIM is non-refundable or transferable.
  Roaming
  
  You must activate your SIM Card in the UK before using it abroad.
  
  Your use of the SIM Card and the Services may be subject to laws and regulations that apply in the country that you are in. It is exclusively your responsibility to make sure that you comply with those laws and/or regulations.
  
  If you go abroad, you may be charged more than usual due to roaming charges. If you have purchased one of our bundles this will work as normal within EU destinations; however roaming charges may apply. Outside of the EU you will need to top up to continue to use your mobile.
  
  If you roam excessively in the EU (by this we mean that your time and consumption of the Services abroad is on average higher than in the UK) we reserve the right to apply a small surcharge. This surcharge is set at a regulated rate. Where practical, we will tell you in advance of when we will start applying the surcharge.
  
  It is possible for your Device to "accidentally roam" if you are close to a country's borders by connecting to a network across the border. This can happen if your Device views this as a stronger signal. If this happens you may be charged. For a full list of the countries in each zone, please see our FAQs here.
  
  International Calls / Texts
  
  To call or text countries outside of the UK is not included in any of our bundles and may cost more than usual.
  
  Our charges can be found here.
  Premium rate services
  
  Premium rate services are usually for phone numbers that include (but not limited) to the services below:
  - Quizzes & competitions
  - Voting (TV & Web)
  - Charity donations
  - Digital content
  - Directory enquiries (118 numbers)
  - Adult entertainment
  - Gambling
  - 087 business information lines
  - 0845 numbers
  These services generally cost more to call than a standard call or text to another mobile or landline and include an access fee. Charges for these services can be very high and you should always check the cost before dialling or sending a text. These fees are not included in your inclusive bundle minutes and texts, or normal out of bundle minutes, or texts. These services will cost you more if you use them.
  
  We do not allow texts to most premium rate services. Any premium rate services used, whether call or text, will attract high charges.
  
  The costs vary according to the phone number you dial and the premium rate service provider. You should always read the terms and conditions of the premium rate service provider before dialling the number.
  
  Ofcom monitors these services through the Phone-paid Services Authority (PSA).
  
  The PSA has designed and published a phone number checker to help members of the public identify premium rate numbers. If you are unsure if a phone number or short code you want to call carries additional charges, you can use the PSA service to check, on psauthority.org.uk/
  
  The PSA also investigate and take action against companies who do not comply with the rules on how much can be charged for premium rate services. If you think a premium rate service is charging too much for its services, you can raise a complaint via the PSA website:psauthority.org.uk/
  
  You can also block yourself from being able to call these services. To find out how to do so, please visit our FAQs page here
  Personal numbers
  
  A personal number or a ‘follow me’ number refers to a mobile number which redirects you to another line automatically. These numbers can sometimes attract significant additional charges. If you call or text a personal ‘follow me’ number, this is not included in your bundle minutes.
  
  If you call a personal ‘follow me’ number, the maximum charge placed on this by Utilita Mobile is 10p per minute.
  
  Repairs
  
  We do not offer services which require or are capable of repair. If your Utilita SIM Card develops a fault, please contact our Customer Services Team using the contact details above. We will send you a replacement SIM Card as soon as possible.
  
  We may ask you to return the faulty SIM Card for testing.
4. Number Porting
  
  Switching to Utilita Mobile
  
  If you wish to keep your current phone number, make sure you obtain a Porting Authorisation Code (PAC) from your current mobile service provider. A PAC Code allows you to switch mobile service provider and keep your existing phone number.
  
  If you wish to have a new mobile number, make sure you obtain a Service Termination Authorisation Code (STAC) from your current mobile service provider. A PAC Code allows you to switch mobile service provider and get a new phone number.
  
  Then, when you receive your Utilita Mobile SIM Card, please call our Customer Service Team who will ask you for your PAC and/or STAC code. Upon receipt of a PAC code, we will ensure your number is ported over to your new Utilita Mobile SIM Card within one business day.
  Switching away from Utilita Mobile
  
  To request a PAC or STAC code, please call our Customer Service Team using the above contact details.
  
  Where possible, we will give the PAC or STAC code to you over the phone otherwise we will text it to you.
  
  You can also request a PAC or STAC code via text message:
  - If you require a PAC code, please text PAC to 65075.
  - If you require a STAC code, text STAC to 75075.
  For information on costs incurred when changing providers, please text INFO to 85075
5. Sales and Marketing
  
  We promise to treat our customers and potential customers fairly. We will always provide information about our services in a clear and transparent manner.
  
  Any information we provide to you during the sales process will be an accurate representation of our services and will not be misleading.
  
  Where possible, we will provide documentation in a durable medium.
  
  If we contact you by phone, we will offer to send you information regarding our services in a durable medium.
  
  All sales calls are monitored for compliance purposes to ensure that we provide you with a high level of service.
6. Fair usage policy
  General
  
  We operate a fair usage policy with its bundles, top up amounts and usage to prevent fraud on our network. This policy forms part of the main Utilita Mobile terms and conditions.
  
  You are only entitled to use the Services for personal, non-commercial use. We reserve the right to impose network protection controls, limit the speed of, suspend or block your access to the Services, or disconnect you if your usage is excessive and/or not in keeping with that reasonably expected of a private individual.
  
  We may also do any of these things if in our reasonable opinion you are abusing the Services in any way.
  
  You must not use the Services, the SIM Card or allow anyone else to use the Services or the SIM Card for illegal or improper uses. This includes:
  - breaching laws relating to copyright and other intellectual property rights;
  - topping up the SIM Card using a stolen, invalid, or expired credit or debit card;
  - breaching any of our Codes of Practice;
  - sending, receiving, uploading, or downloading illegal material;
  - sending spam or other unsolicited bulk communications;
  - breaching, or trying to breach our security or safeguards or otherwise interfering with the Services or the Utilita Mobile network, including the sending of viruses;
  - allowing a minor to send or receive material that is illegal or inappropriate to their age;
  - use of the Services in a manner that could reasonable be unlawful, offensive, obscene, defamatory, abusive, or threatening.
  We may (now or at any time in the future) deploy traffic management measures across the Utilita Mobile network to ensure an enjoyable internet experience for the vast majority of our customers.
  
  We reserve the right to review and change these fair usage levels from time to time.
  Usage limits
  
  You can make calls and/or send texts to a maximum of 200 distinct numbers per month.
  
  You will only be allowed to top up a Utilita Mobile SIM Card to a maximum balance of £150 at any one time.
  
  Where the term ‘unlimited’ is used in reference to any minutes or texts bundle, this does not mean limit of 3000 minutes and/or 3000 text messages applies in accordance with this fair usage policy.
7. Vulnerable customers
  
  We understand that sometimes our customers may need a little extra help.
  
  We are committed to ensuring our Services are accessible and easy to use.
  
  If you require additional services to help you with the use of your Utilita Mobile SIM Card such as braille or large print communications, please contact our Customer Services Team using the above contact details.
  
  We will make note of your request and the reasons for support on our systems with your consent, and then walk you through any free additional services we can offer you.
  
  Our Customer Services Team is trained to help all customers, including those who may be vulnerable, and will be able to help with any questions you may have.
8. Complaints
  We understand that sometimes things may go wrong with the Services. If something has gone wrong, and you want to let us know about a problem or poor experience, please contact our Customer Services Team using the contact details set out in Section 2 (Our contact information) of these Codes of Practice.
  
  When we receive a complaint, this will be passed to one of our fully trained complaints advisors, who will then open a complaint on your behalf.
  
  Opening a complaint needs a certain amount of information to be collected from you:
  - If you make a complaint via phone, we will collect the information during your call;
  - If you make a complaint via post or email, one of our complaints advisors will be in touch with you by phone, post or email to gather the information we need to progress your complaint.
  We aim to investigate and respond to a complaint with our findings within 5 working days; however sometimes it may take longer.
  
  If we cannot resolve a complaint due to either our not being at fault, or not being able to reach a resolution within 8 weeks, you can refer your complaint to the Ombudsman Services: Communications.
  
  The Ombudsman Service is an independent resolution scheme. They will independently review the complaint. If it is found that Utilita Mobile are at fault the Ombudsman may order us to pay redress or take an action to correct the issue. This may also include offering an apology, or upholding a decision previously made. Utilita Mobile are bound by this decision.
  
  If you require a copy of our complaints procedure, please contact our Customer Services Team using the contact details set out in Section 2 (Our contact information) of these Codes of Practice.
9. Emergency Services
  
  Emergency services are for emergencies only, such as immediate danger, fire, or medical situations.
  
  If you are in danger or feel like you might be in danger, or you are otherwise in need of an emergency service, please call 999 in the UK or 112 when in Europe. We facilitate these services in low and high signal areas.
  
  Please note that if you are abroad or in an area not covered by the Utilita Mobile network, your mobile telephone number and/or your location data may not be automatically transmitted to the emergency services.
  
  We also facilitate emergency services for customers who are either deaf and/or blind. To activate the emergency services text service, you must register your mobile phone in advance by texting ‘register’ to 999. Once this message is sent, follow the instructions provided in reply to your message.
  
  There will be a small percentage of areas where this service may not be available.
  
  To ring the missing children hot line, please call 116 000.
10. Refunds
  To request a refund, you must provide us with the following information:
  - Your account details i.e. name, address, email address, and phone number
  - The amount of the refund
  - The reason for the request
  - Confirmation of your purchase:
    
    If you made a purchase in one of our Hubs: your receipt
    
    If you made a purchase online or via our App: your email confirmation
  You must provide the above information to be considered for a refund.
  
  Please be aware that we reserve the right to decline any request for a refund in the following circumstances:
  - It is under £5.00
  - It is not related to a fault with the Services
  - It is suspected to be fraudulent or to be used for a fraudulent purpose
  - The credit comprises promotional credit, complimentary credit, or credit that has otherwise been added to the SIM Card free of charge.
  If your refund request has been accepted, we will inform you within 5 working days via the method you originally contacted us, unless you ask us to use a different method.
  
  If you experience continuous or regularly recurring disruption to the Services you may, depending upon the period of disruption, be entitled to a refund of any credit (including credit which has been converted into a bundle). To receive a credit or refund, you will need to make a complaint so that we can investigate your concerns and measure the disruption against your typical usage history to calculate any credit or refund that may be due to you.
  
  The refund will only be provided to you in the method the original payment was made. For example: if you used a paypoint terminal to top up your SIM Card, we will provide you with a paypoint voucher.
  
  We do not process cash refunds.
  Contacting us for a refund
  
  To request a refund, please contact our Customer Services Team using the contact details set out in Section 2 (Our contact information) of these Codes of Practice.
Utilita Mobile PAYG Promotion Terms
1. Who are we
  1. We are Utilita Energy Limited, of Hutwood Court, Bournemouth Road, Chandler’s Ford, Eastleigh, SO53 3QB. Registered in England and Wales under company registration number: 04849181 and with VAT number: 823818422 (“Utilita Mobile”, “we”, “our” or “us”).
  2. From time to time, we run promotions for Utilita mobile customers to claim offers (“Promotions”). These terms and conditions (“General Terms”) apply to each and every Promotion.
  3. Each Promotion may also have individual terms and conditions that will apply and will appear on the promotional offer page on our website or given as instructions at the point of entry of each Promotion (“Promotion Terms”).
  4. By taking part in any Promotion, you are agreeing to be bound by these General Terms and the Promotion Terms (together “Terms”).
  5. In the event of any conflict between these General Terms and the Promotion Terms, the General Terms shall take precedence.
  6. If there are any issues or questions regarding a Promotion or the Terms, please contact us by emailing: hello@mobile.utilita.co.uk or by calling us on 03300 585508.
2. The Promotion
  1. The details of each Promotion will be set out in the applicable Promotion Terms including, but not limited to, how you can claim the promotional offer.
  2. The Promotion Terms will specify the opening date and closing date for each Promotion (“Promotional Period”).
  3. You must complete your entry for a Promotion during the applicable Promotional Period. Any entries submitted outside of the applicable Promotional Period will not be accepted.
  4. The prize is awarded conditionally upon Utilita contacting the winner, confirming eligibility and acceptance by the winner. If we are unable to contact the winner after a reasonable period and/or we are unable to confirm eligibility or if any prize is unclaimed or declined within a reasonable period, the prize shall be deemed as unclaimed or unaccepted and a supplementary winner may be drawn at our sole discretion in accordance with the Terms. We are not responsible for any inability of a prize winner to take up or otherwise received the specified prize.
  5. Each promotional offer is non-transferable and non-exchangeable. No cash or equivalent, or alternative, will be offered or given. We reserve the right to substitute a promotional offer of similar value in the event of non-availability or the promotional offer cannot be awarded for reasons beyond our reasonable control. In the event the winner does not accept the substitution, the winner will forfeit their right to the promotional offer.
3. Eligibility
  1. Promotions are open to Utilita mobile customers over the age of 18 and who are UK residents. Full details of eligibility will be set out int the applicable Promotion Terms.
  2. Only one entry per person is allowed unless otherwise stated in the Promotion Terms.
  3. You are responsible for inaccuracies of the data submitted through each Promotion. By entering each Promotion, you are confirming that you are eligible to do so and eligible to claim the promotional offer.
  4. We reserve the right to verify the eligibility of entrants. We may require you to provide such information as we consider reasonably necessary for the purpose of verifying the eligibility of an entry and the promotional offer may be withheld until and unless we are satisfied with the verification.
  5. Any entry which is not compliant with the Terms will be deemed invalid. We reserve the right to refuse entry or refuse to award the promotional offer to anyone in breach of the Terms.
4. Limitation of liability
  1. So far as it is permitted by law, we and our associated companies and agents are not responsible for any unforeseeable losses and liabilities, or any other loss or damage that you may incur which is not an obvious consequence of a Promotion or promotional offer, or where the failure is due to circumstances that are beyond our reasonable control, including but not limited to:
  2. We accept no responsibility for incorrectly completed, lost or delayed entries, notices, acceptances, tickets or other documents related to the promotional offer.
  3. We and our associated companies and agents are not responsible for any indirect, special or consequential losses you may suffer. Your statutory rights are not affected.
5. Data protection and publicity
  1. We are committed to protecting and respecting your privacy and will only use your personal information in accordance with these General Terms and our privacy information notice. By entering each Promotion, you agree that any personal information provided by you with your entry may be held and used by us or our agents and suppliers to administer each Promotion.
  2. We must either publish or make available information that indicates that a valid Promotion took place. To comply with this obligation, we may publish the surname and county of the recipients of promotional offers on our website.
  3. If you object to your surname and county being published or made available, please contact us as soon as possible. Please note that even if you object, we are still required by law to provide this information to the Advertising Standards Authority on request.
  4. For more information about your privacy and rights, please read our privacy information notice here. If you have any questions or concerns in relation to this privacy information notice, you can contact our Data Protection Officer at DPO@utilita.co.uk or write to us at Utilita Energy Limited, Hutwood Court, Bournemouth Road, Chandlers Ford, Eastleigh SO53 3QB.
6. General
  1. We reserve the right to hold void, suspend, cancel, or amend any Promotion or promotional offer where it becomes necessary to do so with immediate effect and without liability to you.
  2. We reserve the right to review and revise the General Terms at any time without giving prior notice, except that such changes shall not take effect during the course of a current and ongoing Promotion except any changes made in accordance with clause 6.3.
  3. We reserve the right to correct any technical errors in the administration of each Promotion with immediate effect and without liability to you; for example, where a technical error results in a Utilita mobile customer being unfairly advantaged or disadvantaged.
  4. These General Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
  5. Each party irrevocably agrees that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these General Terms or its subject matter or formation.

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