0844 576 6778

March 2011



You are bound by these terms and conditions when you submit your Order for the Equipment and/or Installation Services. We are bound by these terms and conditions when we accept your Order. Please note these terms and conditions are updated from time to time. Changes will be posted on www.connectmycar.com. Please check these regularly as continuing to use the Equipment and/or Installation Services after changes have been posted will mean that you agree to these terms as amended. If these terms are too small for you to read comfortably please call Customer Services on 0844 576 6778 and we will send you a larger print version. Some sections of these terms are printed in bold to draw your attention to them.

1. Interpretation

1.1. Definitions: In these standard terms and conditions, unless the context otherwise requires, the following expressions have the following meanings: "Business Day" means a day other than a Saturday or Sunday on which banks are generally open for commercial business in the City of London; "Contract" means the agreement between us and you by which we agree to supply the Equipment and/or provide the Installation Services to you and to which these Conditions shall apply; "HPC/us/we/our" means Hyde Park Corner Installations Ltd whose registered office is at 61-63 Dowson Road, Hyde, Cheshire, SK14 1QS; "HPC’s Data Protection Policy" means our data protection policy that is available from HPC upon written request to the HPC Data Protection Officer at the above address; "Delivery Date" means the date of delivery of the Equipment to you as specified in the Contract; "Delivery Location" means the location as specified in the Contract where the Equipment is to be delivered in accordance with these Conditions; "Equipment" means the hardware provided as described in the Contract to be supplied by HPC to you and such additions and changes thereto as shall from time to time be agreed in writing between the parties; "Conditions" means these standard terms and conditions for the supply of the Equipment and the Installation Services; "Installation Charge" means our charge for the provision of the Installation Services; "Installation Date" means the date of the provision of the Installation Services; "Installation Location" means the location of your Vehicle(s) where the Installation Services are to be provided in the Contract or as otherwise agreed between us and you; "Order" means an order submitted by you to us on an approved Order form for the supply of the Equipment and the Installation Orders; "Price" means the price for the Equipment supplied under these Conditions; "Installation Services" means the installation by us of the Equipment into your Vehicle(s); "Vehicle(s)" means your vehicle(s) in which the Equipment is to be installed. All orders for Equipment and/or Installation Services from a buyer (“you”) accepted by Hyde Park Corner installations (“we/our/us”) are subject exclusively and strictly to the following conditions and no alterations proposed by you shall be binding unless we agree in writing:

2. Delivery and installation

2.1. An Order placed by you shall not be deemed to be accepted by us unless a written acknowledgement of the Order is issued by us or (if earlier) we deliver the Equipment to you abnd/or provide the Installation Services. 2.2. We will use reasonable endeavours to supply the Equipment and/or to undertake the Installation Services as requested in the Order (or as you may otherwise direct in writing) within 5 Business Days of confirming acceptance of the Order, but we does not guarantee to do so. In the event that we are unable to supply the Equipment and/or undertake the Installation Services within the period specified in this clause 2.2, we will contact you to agree alternative arrangements. 2.3. We reserve the right prior to delivery of the Equipment to substitute an alternative item of equipment for any item of equipment agreed to be supplied under these Conditions provided that such substitution will not materially affect the Services and will not result in any increase in the Price. 2.4. The Price does not include the costs of installation. Where we undertake the Installation Services, you shall pay the Installation Charge to us in addition to the Price and in accordance with the terms of payment set out in clause 3 below. 2.5. For the purposes of the Installation Services, you shall afford full and safe access to the Installation Location to our authorised personnel at the appointed time during normal working hours agreed between you and us and shall provide adequate free working space and such other facilities and utilities services as may be necessary for the provision of the Installation Services. 2.6. You shall be responsible for ensuring the Equipment you purchase is of the correct specification for its intended use and location. 2.7. From time to time we may have to make changes in the specification of the Equipment to make it conform with any applicable safety or other statutory requirements, or to make it reflect changes in the manufacturer’s specification. 2.8. We may also have to make other necessary changes in the specification of the Equipment from time to time. 2.9. You acknowledge and agree that the use of the Equipment may be dependant on you successfully entering into and remaining on an airtime/data contract in accordance with any terms and conditions stipulated by a relevant network operator. Unless set out specifically in these Conditions, any Order for Equipment and/or Installation Services cannot be cancelled or refunded because you are not able to successfully enter into and remain on a airtime/data service.

3. Price & Payment

3.1. Subject to any special terms agreed in writing between you and us, we shall be entitled to invoice you and you shall pay for the Price of the Equipment, the Installation Charge and any other charges in respect of the Equipment and/or the Installation Services either upon collection or prior to despatch or delivery. 3.2. Time for payment shall be of the essence. That is to say that if you do not pay on time, we can terminate the arrangement between you and us. If we do that, we will either not provide the Equipment and/or the Installation Services, or if already supplied, you shall give the Equipment back to HPC, failing which HPC shall be entitled to take it back. 3.3. If you fail to pay us any sum due pursuant to the Contract on the date it is due then, without prejudice to any other right or remedy we may have, we can: 3.3.1. cancel the Contract between you and us; or 3.3.2. suspend any further deliveries to you; and/or 3.3.3. charge interest on such sum from the due date for payment at the annual rate of 3% above the base lending rate from time to time of The HSBC Bank plc, accruing on a daily basis until payment is made, whether before or after any judgment.

4. Risk

4.1. Once the Equipment has been collected by you, and/or fitted in your vehicle, or otherwise received by you, all risk of damage to, or loss of, the Equipment shall pass to you. 4.2. Irrespective of delivery and the passing of risk in the Equipment, or any other provision of these conditions, the ownership of the Equipment shall not pass to you until we have received in cash or cleared funds payment in full for the price of the Equipment and/or Installation Chare and all other equipment agreed to be sold by us to you for which payment is then due. 4.3. Until such time as the ownership of the Equipment passes to you, you shall hold it on our behalf and keep it safe and identified as our property. 4.4. Until such time as the ownership of the Equipment passes to you, we shall be entitled to ask you to return the Equipment to us.

5. Warranties

5.1. Subject to the clauses set out below, the Equipment is sold with the benefit of and subject to the terms applicable to a one (1) year warranty or guarantee as is given by the manufacturer of the Equipment and the Installation Services are sold with the benefit of a one (1) year warranty by us as installer. 5.2. We accept no liability for: 5.2.1. any defect resulting from fair wear and tear; 5.2.2. rain, water or other liquid damage; 5.2.3. accidental or wilful damage; 5.2.4. negligence; 5.2.5. abnormal working conditions; 5.2.6. failure to follow the manufacturer’s instructions (whether oral or in writing); or 5.2.7. misuse or alteration or repair of the Equipment or the Installation Services without the manufacturer’s approval. 5.3. There shall be no liability under any warranty or guarantee if the total price for the Equipment and/or the Installation Services has not been paid by the due date for payment. 5.4. Other than as expressly provided in this Contract and except where the Equipment is sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977 and Unfair Terms in Consumer Contracts Regulations 1999), we exclude all conditions, terms, representations (other than fraudulent or negligent representations) and warranties relating to the Equipment, whether imposed by statute or by operation of law or otherwise, that are not expressly stated herein, including without limitation, the implied warranties of satisfactory quality and fitness for a particular purpose. 5.5. Where you are dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977 and Unfair Terms in Consumer Contracts Regulations 1999) your statutory rights are not affected by these Conditions. 5.6. Subject to the following clause, if a valid warranty claim is made within the applicable warranty period, we will replace or repair (at our discretion) the Equipment free of charge and/or re-perform the Installation Services, as the case may be. After the expiry of the warranty period, we may make a charge for any of these remedies. For further details on our Returns and Exchange Policy please visit www.hydeparkcorner.net/returns, call our Customer Services team on 0844 576 6778 or ask in store for details. For further details on our Repairs policy please visit www.carphonewarehouse.com/repairs or call our Customer Services team on 0844 576 6778  5.7. We shall (at our or the manufacturer’s option) have the right to fulfil our obligations under Clause 5.6 by refunding you the price you paid (or a proportionate part thereof, depending upon age and condition). That will be the extent of our liability to you. 5.8. Other than as set out above, we shall be under no other obligation to exchange, repair, replace or re-install Equipment or re-perform the Installation Services or provide any refunds. 5.9. You accept that you are solely responsible for backing up any important data (including music, downloads, ringtones, phonebook contents, MMS, SMS, games and photographs) stored on the Equipment prior to the commencement of any repairs or Installation Services and hereby acknowledge that any such data may be lost during the repair or installation and will be lost if the Equipment is exchanged. We are not liable for this and it is therefore your responsibility to back up any such data stored on your Equipment.

6. Liability

6.1. We do not exclude or limit liability if you are injured or die as a result of our negligence or that of our servants, agents or employees or for fraud or fraudulent misrepresentation. Nothing in this Clause 6.1 shall exclude or restrict our liability in respect of any liability which we cannot exclude or restrict by law. 6.2. Other than for death or personal injury or for fraud or fraudulent misrepresentation, any liability we have of any sort (including any liability because of our negligence) is limited to the amount paid by you to us for the Equipment and/or the Installation Services. 6.3. Other than for death or personal injury, we shall not be liable to you under, or in connection with these Conditions whether or not as a result of our negligence in contract, tort, pre-contract or other representations or otherwise for any indirect or consequential loss, loss of business, revenue, profits, savings you expected to make, contracts, expenses, or for any other purely financial loss. 6.4. Other than for death or personal injury we have no liability under this Agreement unless we agree otherwise, for any data being lost, or harmed unless as a result of our negligence. 6.5. Each provision of this Clause 6 excluding or limiting liability operates separately. If any part is disallowed, or is not effective, the other parts will continue to apply and they continue to apply notwithstanding the expiry or termination of our agreement.

7. Assignment

You may not, but we may, assign, charge or otherwise dispose of its rights under this Contract. Any attempt by you to do so shall be void.

8. Personal Data

8.1. We respect the personal information of our customers and undertake to comply with applicable Data Protection legislation in place from time to time. 8.2. We may hold information that you provide to us (such as on an application, order or registration form) or that we may obtain from another source (such as our suppliers, marketing organisations or credit reference agencies). This information (“Your Information”) may include your name, address, date of birth, gender, telephone numbers, email address, bank and credit/debit card information, occupation and employment data, lifestyle information and details of how you use our products and services together with general information about the way you pay and manage your account 8.3. Your Information may be held and used by HPC Group for a number of purposes and we may use third parties to support us with purposes which include, without limitation: 8.3.1. processing your orders or applications; administering your account and billing; settling accounts with those who provide related services to us; disclosing your data to bank and debit and credit card companies to validate your debit or credit card details; dealing with requests, enquiries or complaints and other customer care related activities; debt recovery (also using recovery agents and agents facilitating to contact you) and legal actions and all other general administrative and business purposes; 8.3.2. carrying out market and product analysis of Your Information to develop and improve and to tell you about HPC’s products and services, new developments, special offers, discounts and awards which we believe may be of personal interest to you. We may also use Your Information for the purpose of testing our internal systems and developing new products and services. We may tell you by automated means or otherwise, including by email, fax, mobile text message, MMS, telephone, post and via world wide web, WAP and similar sites subject to any preferences indicated by you at the time you apply to enter into this Agreement or subsequently; contacting you about the products and services of carefully selected third parties and allowing you to receive advertising and marketing information from those selected third parties but without passing control of Your Information to the third party concerned; 8.3.3. passing on data to organisations from which you have ordered any products and services; registering your details and allocating or offering you rewards, discounts or other benefits and fulfilling any requests or requirements you may have in respect of our and our group companies’ loyalty or reward programmes and other similar schemes; 8.3.4. carrying out any activity or disclosure in connection with a legal, governmental or regulatory requirement on us or in connection with legal proceedings, and for the prevention and detection of crime or fraud and the prosecution of offenders or suspected offenders; or 8.3.5. carrying out activities connected with the running of our business such as personnel training, quality control, network monitoring, testing and maintenance of computer and other systems and in connection with the transfer of any part of our business in respect of which you are a customer or a potential customer. 8.4. You agree to the disclosure by us of the following information to any telecommunications company, debt collection agency, credit reference agency, credit or fraud monitoring scheme, credit provider or security agency: 8.4.1. any information relating to your contract with us including details of how you conduct your account and your obligations to us and your personal financial information; 8.4.2. any information which is covered by our registration under the Data Protection Act 1998 as amended from time to time; and 8.4.3. any information which we are required by an order of any court of competent jurisdiction or by statutory authority to disclose. 8.5. If you wish to use our products or services abroad, for example, if you wish to roam on a network abroad, Your Information may be transferred outside the European Union to that country. Our web, WAP and similar sites may also be based on servers located outside of the European Union. Please note that the data protection and other laws of countries outside the European Union may not protect you as well as those within the European Union. 8.6. We may use your information for the purpose of testing our internal systems and developing new products and services. 8.7. It may also be necessary for us to carry out anti-fraud and identity checks on you to help decide whether to accept your application or future applications, to verify your identity and to protect our legitimate interests. Any information obtained in such checks will be passed to credit reference agencies and may be used by third parties to assess applications for credit from you and other members of your household and for debt tracing, crime and fraud detection and prevention and credit management purposes. You further agree that we may use Your Information for operating a publicly accessible directory service. 8.8. A comprehensive description of how we use personal information is publicly available from the Information Commissioner - please see www.dataprotection.gov.uk. 8.9. If you would like us to tell you what information we hold about you, please write to: The Data Protection Office, Hyde Park Corner Installations 61-63 Dowson Road, Hyde, Cheshire, SK14 1QS. We may charge a £10.00 administration fee; please quote your mobile and/or account number on all requests. You can also call us on 0844 576 6778  to correct or update any inaccurate or incomplete information and to advise us of any preferences you may have concerning how you can be contacted for marketing purposes or to indicate your preferences for directory entries 8.10. If you do not wish your details to be used for the purposes described in Clauses 8.2 and 8.3, please write to us c/o The Data Protection Office, Hyde Park Corner Installations 61-63 Dowson Road, Hyde, Cheshire, SK14 1QS stating your full name, address, account number/mobile phone number. Please note: this will not affect any marketing consent which you have already given to any of the companies referred to in Clause 8.3 in respect of agreements relating to other products and/or services. 8.11. Subject to your rights of objection set out in this clause, and your right of objection in the registration process, you agree that you consent to us, Hyde Park Corner installations or third parties contacting you for any of the above purposes whether by telephone, email, SMS or in writing and you confirm that you do not consider any of the above as being a breach of any of your rights under The Privacy and Electronic Communications (EC Directive) Regulations 2003. 8.12. If we are requested by the police or any regulatory government authority investigating suspected illegal activities to provide information relating to customers or information concerning the activities of customers, we shall do so. We also reserve the right to disclose individually identifiable information to third parties where a complaint arises concerning your use that is deemed by us to be inconsistent with these terms. 8.13. We may disclose to third parties aggregated data relating to its customers or the use of the Equipment provided that a single individual is not identifiable in such data.

9. General

9.1. If you need to send notices to us these must be in writing and can be delivered by hand or sent by first class post to our address as stated in Clause 9.10. If we need to send notices to you these must be in writing and can be (i) delivered by hand or sent by first class post to your address as stated on your application form or given to us during the application process, (ii) sent by SMS, which must be sent to your mobile phone number, or (iii) sent by e-mail, which must be sent to you at the address stated in your application form or given to us during the application process or any other e-mail address that you supply to us for the purpose. Notices sent by first class post will be deemed to have been delivered 48 hours after posting and notices delivered by hand or given by SMS or e-mail shall be deemed to have been delivered the day after the day the notice is sent. 9.2. If you or we break this Agreement and the other chooses to overlook it, this will not prevent the other from taking further action if you or us break this Agreement. 9.3. If either of us cannot do what we have promised in 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, civil disorder, industrial disputes (whether or not involving our employees), 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, such party will not be liable for this. 9.4. Subject to clauses 9.5 and 9.5, if you are a consumer customer (as defined in the Consumer Protection (Distance Selling) Regulations 2000) who has purchased the Equipment via distance means such as via the online shop or over the telephone, you may cancel this Agreement at any time up to 7 working days from the day after receiving the Equipment (“Trial Period”) as long as you give us notice in writing of such cancellation within the Trial Period, however you may not cancel the Installation Service once we have started to provide it with your agreement. Please call our Customer Services team on 0844 576 6778 and we will explain how to do this. We recommend you enclose your Equipment (together with any accessories included in the price of your Equipment) undamaged with your notice of cancellation, with proof of purchase and the original packaging. If you do not enclose this with your notice of cancellation, you must return it to us within 7 days of notice of cancellation undamaged, with proof of purchase by sending it to the address set out in clause 9.10 at your cost. Please enclose the original packaging. It is your responsibility to ensure that the Equipment is received by us and we recommend using special delivery. If you do not return the Equipment and any accessories undamaged, we may charge you the costs we incur in collecting it from you (which may be substantial) or the value of the missing or damaged items (i.e. the full retail price). You must make the Equipment available for collection on our request. Any sums paid by you for the Equipment (less our costs if we have to collect the Equipment from you) will be reimbursed within 30 days. Please note that even though you may be able to cancel this Agreement pursuant to this Clause, you may not be permitted to cancel your airtime/data contract under the terms thereof. Please refer to the terms of your airtime/data contract for further information. This Clause 11.4 does not apply to a customer who purchases the Equipment for business purposes. This clause 11.4 does not affect your statutory rights. 9.5. You agree that the Installation Services will start prior to the end of the Trial Period. You must take reasonable care of the Equipment until received or collected by us and you are entitled to examine the Equipment as you would in a shop. However, if you use the Equipment during the Trial Period, you may lose your right to cancel. Use would include, but would not be limited to using the Network for example by making or receiving a call, SMS or MMS, accessing the Web or downloading, or using any of the functions of the Equipment for example amending settings, saving any data, adding a contact or appointment, taking a photograph or using an application. If you use your Equipment whether before or after notifying us of your wish to cancel, you will be responsible for all charges incurred under any airtime/data contract (if any) and these may not be refunded. We reserve the right to charge you the value of any Equipment that has been used prior to receipt or collection by us. 9.6. Please note you will be deemed to have received the Equipment and these Conditions of Sale when we have tried to deliver them to you even if you were not there to collect them. 9.7. Third parties cannot benefit from this Agreement under The Contracts (Rights of Third Parties) Act 1999. 9.8. This agreement is subject to the law of the relevant part of the United Kingdom and the English Courts have exclusive jurisdiction. 9.9. Each of the Clauses of these Conditions shall be construed separately and independently of each other and the invalidity of any one part shall not affect the validity of any other part. 9.10. Calls to our telephone numbers will be charged at standard rates and may be monitored or recorded. 9.11. You may address any complaints in writing to: Hyde Park Corner Installations 61-63 Dowson Road, Hyde, Cheshire, SK14 1QS.