Terms and ConditionsWelcome to The Intouch Mobile Solutions Website terms and conditions for use.
These terms and conditions apply to your use of the Website and by accessing this Website, you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions, you may not use or access this website. If there is anything you do not understand please feel free to e-mail any enquiry to us at sales@intouchmobile.co.uk or call us on 0870 1666226. The Intouch Mobile Solutions gives no authority (whether implied or express) to deep link to or frame any of the content which appears on our Website or to use a representation of the company's trademarks as a link button without the express agreement of Intouch Mobile Solutions. |
DEFINITIONS "Conditions" means these terms and conditions and the "Special Conditions"; "Goods" means goods displayed for sale on the Website; "Online Sales" means sales of Goods and Services conducted through the Website; "Product Description" means that part of the Website where certain terms and conditions in respect of the individual Good or Service are provided; "Services" means services displayed for sale on the Website; "Special Conditions" means the terms and conditions in the Product Description referred to in Clause 8.1; "Users" means the users of the Website collectively; "User Information" means the details provided by you on any application to buy Goods or Services from us via the Website; "Us/Our/We/Intouch Mobile Solutions" means Intouch Mobile Solutions Ltd.,a company registered in the UK under the VAT number 751341161. "Website" means the website located at www.intouchmobile.co.uk or any subsequent URL which may replace it; and "You/Your" means a user of the Website.
COMMUNICATION
Please read all the sections below to understand the risks involved in communicating and transmitting sensitive information by e-mail.
· Please note that internet email is not a 100% secure communications medium. In the interests of preserving confidentiality in your personal details, We strongly advise that You take this into consideration before You send Us any information by email. By proceeding, You agree that You will send Us information by email at Your own risk.
· Messages sent by email may not be secure and may be intercepted by third parties. If You disregard this warning and choose to send Us confidential information, You agree that You do so at Your own risk and that You will not hold Us responsible for any loss that You suffer as a result.
· The e-mail address You provide to Us is where We will send Our response. If You have chosen to discuss your personal account details via E-mail We will try to respond to You in this way. We cannot guarantee the security of Your personal information by this communications medium.
A. USE OF THE WEBSITE
1 Access We will provide you with access to the Website and sell You Goods and Services in accordance with these Conditions.
2 Your Obligations
2.1 You
2.1.1 agree not to use the Website (or any part thereof) for any illegal purpose and agree to use it in accordance with all relevant laws;
2.1.2 agree not to upload or transmit through the Website without limitation, any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
2.1.3 will not upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
2.1.4 will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
2.1.5 will not use the Website in any manner which violates or infringes the rights of any person, firm or company or the rights thereof (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);
2.1.6 will not attempt any unauthorised access to any part or component of the Website; and,
2.1.7 agree that in the event that You have any right, claim or action against any other User arising out of that User's use of the Website, then You will pursue such right, claim or action independently of, and without recourse to Us.
3 Indemnity
You agree to be fully responsible for all claims, liability, damages, losses, costs and expenses, including legal fees on a full indemnity cost basis, suffered by Us and arising out of any breach of the Conditions by You or any other liabilities arising out of Your use of the Website, or the use by any other person accessing the Website using Your Internet account.
4 Our Rights
4.1 We reserve the right to:
4.1.1 modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to You and You confirm that we shall not be liable to You or any third party for any modification to or withdrawal of the Website; and/or
4.1.2 change these Conditions from time to time, and Your continued use of the Website (or any part thereof) following such change shall be deemed to be Your acceptance of such change. It is Your responsibility to check regularly to determine whether the Conditions have been changed. If You do not agree to any change to the Conditions then You must immediately stop using the Website.
4.2 We will use Our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because You cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.
4.3 We reserve the right to withdraw any Goods or Services from the Website at any time and/or remove, screen or edit any materials or content on the Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time in our sole discretion. We will not be liable to You or any third party by reason of our doing any of the following: withdrawing any Good or Services from the Website whether or not those Goods or Services have been sold; removing, screening or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
5 Monitoring
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that We deem appropriate (which may include, but is not limited to, issuing warnings, suspending or terminating service, denying access and/or removing any materials from the Website). We may also investigate, in Our sole discretion, the use, or attempted use, of any credit card, and take such action as we deem appropriate, including without limitation, contacting the User using such card or cancelling orders placed by such User.
B. PURCHASE OF GOODS/SERVICES
6 Orders
6.1 All orders are subject to acceptance and availability. If the Good You have ordered is not available from stock You will be contacted by e-mail or phone (if you have given Us details) and You will have the option either to wait until the item is available from stock or to cancel Your order. All prices are inclusive of VAT at the current rates and are correct at the time of entering information. However, We reserve the right to change prices without prior notice to You.
6.2 We will take all reasonable care, in so far as it is in Our power to do so, to keep the details of Your order and payment secure, but in the absence of negligence on Our part We are not liable for any loss You may suffer if a third party procures unauthorised access to any data You provide when accessing or ordering from the Website.
6.3 You warrant that the User Information which You are required to provide when You make an offer to buy Goods or Services via the Website is true, accurate, current and complete in all respects.
6.4 You agree not to impersonate any other person or entity or to use a false name or a name that You are not authorised to use.
6.5 If You are a private consumer, You may cancel any purchase ordered by You at any time within 7 days of receipt (exceptions apply) of the Goods or Service without incurring any obligation or liability to Us, however, You may not cancel any Service ordered from Us once we have started to provide it to You with your agreement. If You choose to do this, You must notify Us in writing as set out in clause 9. Within 30 days of receipt of a valid notification that You wish to cancel any order, We will refund all monies You have paid to Us.
7 Offers to Purchase and Description of Goods/Services
7.1 Each Good or Service purchased is sold subject to its Product Description which sets out additional specific terms and conditions related to that Good or Service including, without limitation, terms and conditions concerning estimated delivery times and any warranties.
7.2 Any order made by You will be treated as an offer to purchase Goods or Services from Us. The contract between You and Us will only be completed when We despatch the Good to You or commence the provision of the Services, as the case may be, or when We debit Your credit or debit card, whichever is the earlier. The sale contract is therefore completed in London, England. We reserve the right to reject any offer to purchase made by You at any time.
7.3 You acknowledge that any automated acknowledgement of Your order which You may receive from Us shall not amount to Our acceptance of Your offer to purchase Goods or Services advertised on the Website.
7.4 Despite our best efforts, a small number of the numerous products and services on our website are mispriced. However we verify prices as part of our dispatch procedures. If a product's and or services correct price is lower than our stated price, we charge the lower amount and send you the product and or provide you with the service. If a product's and or services correct price is higher then our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cencellation.
8 Right of Cancellation
8.1 If You are purchasing the Goods or Services for private use (i.e. as a consumer as opposed to for business use), You have the right to cancel any contract completed pursuant to clause 7.5 within 7 days of receipt by You of the Goods or Services ("Cancellation Period"). However, You may not cancel any Service ordered from Us once We have started to provide it to You with your agreement.
8.2 If you do cancel a contract pursuant to clause 7.5 you must:
8.3 either notify us in writing to Intouch Mobile Solutions Ltd, Strathclyde Business Centre, 120 Carstairs St, Glasgow, G40 4JD, by email to sales@intouchmobile.co.uk or by phone on 0870 1666226
8.4 retain possession of the Goods.
8.5 take reasonable care of the Goods or Services until We collect the Goods from You, or You deliver the Goods to Us; and
8.6 ensure that the Goods are returned or are made available for collection (as the case may be) in the same condition as it was when it was delivered to, or collected by, You (as the case may be).
8.7 If You do cancel a contract pursuant to clause 6.5, then We will notify You of when We wish to collect the Goods. We will collect the Goods or Services within 21 days of Our receiving notification of cancellation. We have the right to charge You for any direct costs incurred in collecting the Goods and will, at Our option, deduct these from any sum owed to You. Alternatively, if You wish, You may return the Goods to Us, during working hours, at Our nearest place of business, details of which can be obtained on Our Website (http://www.intouchmobile.co.uk/) or by emailing us at sales@intouchmobile.co.uk
8.8 If you do cancel a contract pursuant to clause 6.5, we will refund the monies you have paid to us within 30 days of you giving us cancellation notice.
9 Your Personal Data
9.1 We respect Your personal information and undertake to comply with applicable Data Protection legislation from time to time in place.
9.2 We confirm that any personal details which You provide to Us (or which are available on public registers) from which We can identify You are held in accordance with Our Data Protection Registration. When You register with us We consider the information You provide as private. We use the information for the following purposes:
9.2.1 processing Your Account;
9.2.2 for statistical purposes to improve the service We give to You;
9.2.3 to administer Our business;
9.2.4 unless You have already objected during the registration process, to notify You of products or services that may be of interest to You; and
9.2.5 unless You have already objected during the registration process, to be disclosed to other members within Our group of companies and also to other relevant third parties, who may contact You about their products or services that may be of interest to You.
9.3 If You do not want Us to notify You about products and services that may interest You, or You do not wish Us to transfer Your data to group companies and third parties so that they can contact You about their products or services, and have not objected during the registration process, please write to us C/O Intouch Mobile Solutions Ltd, Strathclyde Business Centre, 120 Carstairs St, Glasgow, G40 4JD stating Your full name, address, Your e-mail address and Your mobile phone number and notify Us accordingly.
9.4 We may also at Our discretion choose to sell, trade, rent or otherwise disclose Your personal information to trustworthy third parties situated within the EEA or in countries approved by the Data Protection Commissioner. You may instruct Us not to do this by sending an e-mail to admin@intouchmobile.co.uk. In addition, We may provide aggregate statistics about Our Services, competitions, clients, traffic patterns, and other site information to third parties, provided that a single person is not identifiable in such data.
9.5 Subject to Your rights of objection set out above, and Your right of objection in the registration process, You agree that You do not object to Us, Our group companies or third parties contacting You for any of the above purposes whether by fax, telephone, e-mail, in writing or by SMS and You confirm that You do not and will not consider any of the above as being a breach of any of Your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999.
9.6 In the event that Your personal information is no longer used by Us for the purposes outlined in paragraph 9.2 we will delete it except insofar as it is necessary to retain such information to comply with other relevant or applicable law.
9.7 In the event that Your personal data becomes untrue, inaccurate or incomplete, or in any event, You have the right to access Your personal data and may rectify the same.
9.8 We reserve the right to access and disclose individually identifiable information to comply with applicable laws and lawful government requests or requests by the police investigating suspected illegal activities, to operate Our systems properly or to protect Ourselves or other Users. We also reserve the right to disclose individually identifiable information to third parties where a complaint arises concerning Your use of the Website, and that use is deemed by Us inconsistant with the Conditions.
9.9 We will also collect information about Your personal details, by using cookies. This information shall be the information You give Us at the time of ordering or registering.
9.10 A cookie is a piece of information that is stored on Your computers hard drive by Your web browser. On revisiting the Website Our computer server may recognise the cookie, giving Us information about Your last visit. most browsers accept cookies automatically, but usually You can alter the settings of Your browser to prevent automatic acceptance. If You choose not to receive cookies, You may still use most of the features of the Website.
9.11 When You input information or request Services from Us, We offer the use of a firewall. This lets You input information safely whilst effectively preventing that information from being accessed by unauthorised persons. In addition, We have strict security procedures covering the storage and disclosure of Your information in order to prevent unauthorised access to comply with the UK Data Protection Act 1998. This means that sometimes We may ask for proof of identity before we disclose personal information to You.
9.12 We welcome Your questions and comments about privacy issues and the design of the Website. Should You have such comments or have a complaint about how We are using Your personal data, please send an e-mail to admin@intouchmobile.co.uk
10 Payment
10.1 Payment can be made by any major credit or debit card. Payment will be debited and cleared from Your account before the despatch of Your Good or provision of the Service to you.
10.2 You confirm that the credit/debit card that is being used is Yours.
10.3 All credit/debit card holders are subject to validation checks and authorisation by the card issuer and We may share Your personal information with such third parties as are necessary to enable Us to do such checks. If the issuer of Your payment card refuses to authorise payment to Us, we will not be liable for any delay or non-delivery.
11 Eligibility to Purchase
11.1 The purchase of Goods or Services is limited to parties that lawfully can enter into and form contracts on the Website under English law and who are resident or incorporated in the United Kingdom. This means that if You are an individual, You must be 18 years or older to purchase any Goods or Services via the Website and by offering to purchase any Goods or Services You represent to us that You are 18 years of age or older. To register, You must provide Your real name, phone number, e-mail address, credit card details and other requested information.
11.2 The Website is available only to individuals and companies or partnerships who We, in our absolute discretion, consider eligible. The eligibility criteria include, without limitation, those who have been issued a valid credit card by a bank acceptable to Us, whose applications are acceptable to Us and who have authorised Us to process a charge or charges on their credit card in the amount of the total purchase price for any Goods or Services which they purchase.
11.3 By making an offer to buy any Goods or Services, You specifically authorise Us to transmit information (including any updated information) or to obtain information about You from third parties from time to time, including but not limited to Your credit-card number or credit reports, to authenticate Your identity, to validate Your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
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C. GENERAL
12 Intellectual Property and Right to Use
12.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in Us or Our licensors. You are permitted to use this material only as expressly authorised by Us or Our licensors.
12.2 You acknowledge and agree that the material and content contained within the Website is made available for Your personal non-commercial use only and that You may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
13 Notices
13.1 You may send us notices under or in connection with these Conditions:
Intouch Mobile Solutions Ltd Strathclyde Business centre,120Carstairs St Glasgow G404JD Phone: 0870 1666226 Fax: 0870 1666244
13.2 As proof of sending does not guarantee Our receipt of Your notice, You must ensure that You have received an acknowledgement from Us which will be sent within 3 working days of Our receipt and should be retained by You.
14 Limitation of Liability
14.1 While We will use reasonable endeavours to verify the accuracy of any information We place on the Website, We make no warranties, whether express or implied in relation to its accuracy.
14.2 The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and We make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
14.3 We make no warranty that the Website will meet Your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the materials. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
14.4 To the fullest extent permissible under applicable law, We disclaim any and all warranties of any kind, whether express or implied, in relation to the Goods and Services including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose.
14.5 Notwithstanding any other provision in the Conditions, nothing herein shall limit Your rights as a consumer under English law.
14.6 The information provided to You in connection with the Goods and Services is provided by the suppliers of such Goods and Services and you acknowledge that we do not verify the accuracy of such information. We therefore exclude all liability of any kind (including but not limited to defamation, breach of confidence, intellectual property right infringements, invasion of privacy and negligence) for the transmission or reception of such information of whatever nature to You.
14.7 You acknowledge that We cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by You.
14.8 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with these Conditions for:
14.8.1 any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
14.8.2 any loss of goodwill or reputation; or
14.8.3 any loss which was not brought to the attention of The Intouch Mobile Solutions at the time the contract was made or any loss that would be an unforeseeable consequence of a breach of the contract by Intouch Mobile Solutions;
14.9 in any case whether or not such losses were within the contemplation of either of Us at the date on which the event giving rise to the loss occurred, was suffered or incurred by one of Us arising out of or in connection with the provisions of any matter under these Conditions.
14.10 Nothing in the Conditions shall exclude or limit Our liability for death or personal injury resulting from Our negligence or that of Our servants, agents or employees.
15 Severance If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
16 Waiver No waiver by Us shall be construed as a waiver of any preceding or succeeding breach of any provision. 17 Survival
Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
18 Entire Agreement These Conditions (as amended from time to time) contain the entire agreement between You and Us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings, representations or proposals, written or oral, between You and Us in relation to such matters. You confirm that You have read these conditions and, You fully understand them and You also agree that these conditions are the only terms (together with Your network provider agreement ) that rule Your relationship with us.
19 Law The Conditions shall be governed by and construed in accordance with the laws of Scotland and you irrevocably submit to the exclusive jurisdiction of the courts of Scotland. The personal information you provide by submitting this form will be collected by The Intouch Mobile Solutions Ltd. who may (i) pass Your details to any associated company and certain third parties to assist them in analysing use of the Website and enabling them to contact You about Goods or Services which may be of interest to You and (ii) use it in accordance with Our privacy policy.
20 Handling Complaints There may well be occasions when you are unhappy with the service that has been provided to You by The Intouch Mobile Solutions. In these cases, Intouch Mobile Solutions endeavours to be fair and efficient in handling any complaint You should have and that Your complaint will be processed confidentially. If You have a complaint, please send Us a letter to this address (Intouch Mobile Solutions Ltd, Strathclyde Business Centre, 120 Carstairs St, Glasgow, G40 4JD Phone: 0870 1666226 Fax: 0870 1666244
) or an e-mail to this address (mailto:admin@intouchmobile.co.uk). We endeavour to give You an answer within 5 working days and will provide You with a likely timescale for resolving the dispute. We will keep You informed about the progress of Your complaint. We undertake to check Our system regularly for handling complaints and We welcome any suggestion You may have in relation to how this system may be improved
Payments, Returns and Refunds
Payments
We can take payment from only UK debit/credit cards. We accept Visa, Mastercard, Switch, American Express, Diners, Solo and Duet. We do not accept Electron cards. We do not take payment for your order when you confirm the order on the site. This is done only once your order is processed. If the despatch of your order is delayed because of problems gaining authorisation for payment or for any other reason, you will be notified by email or phone.
Returns
We have two different return policies depending on whether you made your purchase online or with our Direct telephone sales team; or in one of our stores. 7-Day Peace of mind (Only available to customers who have purchased from our Website or our Direct telephone sales team)
As you will not have had the opportunity to examine your product before purchasing it, you may obtain a full refund or exchange if the item is returned to us within 7 days of you receiving it, in a perfect 'as sold' condition, including all accessories included as part of the product, the box, manuals, packaging and receipt. Notable exclusions to our policy are:
· Handsfree units - We are not able to exchange or return handsfree units or Bluetooth handsfree units with earpieces that have been used.
· Carkits - We cannot exchange or return carkits once they have been installed. We cannot refund the cost of an installation cancelled with less than 24 hours notice.
· We cannot exchange or return certain products such as games, ringtones and graphics.
14-Day Exchange
If within 14 days of buying your mobile phone you are not entirely satisfied, we will be happy to change your phone or network, where permitted by the network. All items must be returned in an 'as sold' condition, including all accessories included as part of the product, the box, manuals, packaging and receipt. Notable exclusions to our 14-Day exchange policy are:
· Upgrades - We are not permitted to exchange your network if you have upgraded as you have been connected to the network previously and therefore had opportunity to test it.
· Orange upgrades - Orange will not permit us to exchange your handset after the 7 day period offered in our Peace of mind guarantee.
· T-Mobile connections - T-mobile will not permit us to exchange your network or handset after the 7 day period offered in our Peace of mind guarantee.
· Handset only - In our drive to keep prices low we cannot exchange any 'handset only' purchases after the 7 day period offered in our Peace of mind guarantee. Accessories, PDA's, landline phones and carkits can be exchanged for an alternative, provided that they are returned within 14 days from purchase in a perfect 'as sold' condition, including all accessories included as part of the product, the box, manuals, packaging and receipt. You will be liable for any differential in price between the products.
Notable exclusions to our exchange policy are:
· Handsfree units - We are not able to exchange handsfree units or Bluetooth handsfree units with earpieces that have been used.
· Carkits - We cannot exchange carkits once they have been installed. We cannot refund the cost of an installation cancelled with less than 24 hours notice.
· We cannot exchange certain products such as games, ringtones and graphics.
28-Day Faulty Exchange
We are happy to offer a refund or exchange if your product develops a warranty fault within 28 days from purchase. However, if you are returning a pay monthly phone for a refund, there may be an associated airtime agreement which cannot always be cancelled. If this is the case, an exchange may be preferable. As a guideline:
· T-Mobile connections and upgrades on all networks - While we can refund your faulty phone, airtime contracts cannot be cancelled after the 7 day period offered in our Peace of mind guarantee.
· O2, Vodafone, Fresh, 3 and BT Mobile connections - While we can refund your faulty phone, airtime contracts can only be cancelled within 14 days of purchase.
· Orange connections - New airtime contracts can be cancelled within 28 days from purchase with authorisation from Orange.
Refunds
If you change your mind, we can offer a 14-day exchange on most products, but generally not a refund. The networks only permit us to offer a refund on Orange Pay Monthly, Orange Pay As You Go, '3', Virgin and BT Mobile.
Refunds are not permitted on products such as O2, Vodafone, Fresh, T-Mobile, all upgrades, 'handset only' purchases, accessories, carkits, landline phones, ringtones and graphics.
Please note that a refund may be permitted if your product is faulty. A refund may also be permitted if you bought the product through our website or our Direct telephone sales team. All refunds are processed centrally and can only be made by the same method used for the purchase. If you are due a refund as a result of a completed trade-in, this will be sent to you as a cheque. Subject to there being no delays in the postal system, you should receive this within 14 days from the date of trading in your old phone.
Acceptance of your Order
All orders placed through the website are subject to acceptance. While we will of course make every attempt to accept your order, there are a number of reasons out of our control, that may cause your order to be rejected.
· In many cases the network or service provider must approve your application before we can supply a pay monthly or upgrade mobile phone. This is done by means of a credit check. If this is declined we cannot proceed with your order.
· Sometimes credit checks result in you being asked to pay a deposit. This is paid at the same time as paying for the phone, and is usually returnable after 6 months of clear billing by the network. If this is the case, you must agree to pay this deposit before we can proceed with your order.
· You must have sufficient funds on your payment card. If your order is rejected because there are not, you will need to give us details for another card before we can proceed with the order.
· Your card and card billing details must match those you tell us when ordering, as these are checked and if they differ, your order will be rejected. If this is the case, your records will be marked to prevent acceptance of future orders, so it is vital that you ensure the card details you give us are correct.
· In any of the above instances we will contact you by email or phone.
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