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THESE TERMS AND
CONDITIONS CONTAIN LEGAL
OBLIGATIONS. |
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PLEASE READ THESE TERMS
AND CONDITIONS CAREFULLY
BEFORE USING 'Unique
SIMs' WEBSITE. |
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Terms & Conditions of
website use. |
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- Introduction
- Terminology
- User Conduct
- Intellectual
Property
- Availability of
site
- Changes to the
site
- Website
liability
- Third party
websites
- Advertising and
sponsorship
- Privacy
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Purchasing your chosen
mobile number. |
- Availability of
products
- Prices of
products
- Payment for
products
- Refunds
- Delivery
- Wrong or missing
items
- Activating your
chosen mobile number
- Canceling your
order
- Right for us to
cancel your order
- Liability
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General provisions
relating to use of the
website and sale of
mobile numbers. |
- Notices Clause
- Arbitration and
Actions
- Governing
law/jurisdictional
issues
- OFCOM
- Miscellaneous
- Contact details
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Terms and conditions
of website use. |
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Introduction |
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Welcome to the Internet
site of Unique SIMs. By
accessing, browsing
and/or using this
internet site (“Site”),
you agree, without
limitation or
qualification, to be
bound by these terms and
conditions and any
additional or
alternative conditions,
terms, policies and
rules which are
displayed or to which
you may be directed in
connection with our
website, all as may be
modified by us from time
to time in our sole
discretion (collectively
the "Terms and
Conditions"). If you do
not agree with these
Terms and Conditions,
you may not access,
browse and/or use our
Site and must navigate
away from it now. |
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Terminology |
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'Us', 'We', 'Our' refers
to Unique SIMs. |
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User conduct |
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In consideration of the
availability, and your
use, of our website, you
agree to comply with all
applicable laws and
these Terms and
Conditions when using
our website. You
acknowledge that we
might investigate any
violations of the law
and may also cooperate
with any law enforcement
authorities with regard
to prosecuting users.
Also, you must agree: |
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Not to post, transmit,
link to, or otherwise
distribute any
materials, information
or content constituting,
advocating or
encouraging conduct that
would constitute a
criminal offence or give
rise to civil liability,
or otherwise use the
Site in a manner which
is contrary to the law
or would serve to
restrict or prohibit any
other user from using or
enjoying the website or
the Internet. |
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Not to post, transmit,
link to, or otherwise
distribute any
materials, information,
or content (including
for greater certainty,
software) which contains
a Trojan horse, worms,
viruses, cancel bots or
any other damaging or
disruptive component. |
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Unique SIMs™ reserves
the right to refuse to
post material on the
Site or to remove
material already posted
on the Site. You will
indemnify us against all
losses, liabilities,
costs and expenses
reasonably suffered or
incurred by us, all
damages awarded against
us under any judgment by
a court of competent
jurisdiction and all
settlements sums paid by
us as a result of any
settlement agreed by us
arising out or in
connection with: |
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Any claim by any third
party that the use of
the Site by you is
defamatory, offensive or
abusive, or of an
obscene or pornographic
nature, or is illegal or
constitutes a breach of
any applicable law,
regulation or code of
practice; |
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Any claim by any third
party that the use of
the Site by you
infringes that third
party's copyright or
other intellectual
property rights of
whatever nature; and |
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Any fines or penalties
imposed by any
regulatory, advertising
or trading body or
authority in connection
with the use of the Site
by you. |
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Intellectual property |
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| All the
material, content and
information
(collectively "Content")
available on this Site,
including the manner in
which such Content is
presented are: Copyright
2005 Unique SIMs™, its
affiliates and/or
licensors. All rights
are reserved. Such
Content is protected by
English and worldwide
copyright laws and
treaty provisions. |
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| Unique
SIMs ™, grants you a
limited non-exclusive,
non-transferable license
to use and display on
your computer or other
electronic access
device, the Content for
your own personal and
non-commercial use only,
provided that you do not
modify the Content and
that you maintain all
copyright and other
proprietary notices. |
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Availability of site |
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Although uniqueims.com/co.uk
aims to offer you the
best service possible,
uniqueims.com/co.uk
makes no promise that
the Site will meet your
requirements.
uniqueims.com/co.uk
cannot guarantee that
the Site will be fault
free. If a fault occurs
in the Site you should
report it to Customer
Services. We reserve the
right to withdraw our
mobile numbers from sale
at anytime. |
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Changes of site |
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| We
reserve the right, at
our discretion, to
modify, change, add, or
remove portions of these
Terms and Conditions at
any time. Please check
periodically for any
changes. Your continued
use of our Site
following the posting of
any changes to these
Terms and Conditions
will mean that you
accept those changes. |
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Website liability |
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| The
Site is provided by
Unique SIMs™ without any
warranties or
guarantees. You must
bear the risks
associated with the use
of the Internet. |
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| In
particular, we disclaim
all liabilities in
connection with the
following: |
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Incompatibility of the
Site with any of your
equipment, software or
telecommunications links |
- Technical
problems including
errors or
interruptions of the
Site
- Unsuitability,
unreliability or
inaccuracy of the
Site
- Inadequacy of
the Site to meet
your requirements
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full extent allowed by
applicable law, you
agree that we will not
be liable to you/or any
third party for any
consequential or
incidental damages
(including but not
limited to loss of
revenue, loss of
profits, loss of
anticipated savings,
wasted expenditure, loss
of privacy and loss of
data) or any other
indirect, special or
punitive damages
whatsoever that arise
out of or are related to
the Site. |
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Third party websites |
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| As a
convenience to Unique
SIMs™ customers, the
Site includes links to
other web sites or
material, which are
beyond its control.
Unique SIMs™ is not
responsible for content
on the Internet or World
Wide Web or any other
site outside the Site.
You acknowledge and
agree that your
correspondence or
business dealings with
any third parties,
including any merchants
or advertisers, found
on, or through, the
Site, including payment
for and delivery of
related goods and
services, and all other
terms, conditions,
representations and
warranties related to
such dealings, are
solely as between you
and such third parties.
Unique SIMs™ can assume
no responsibility
whatsoever for any
charges you or any user
of your account incurs
when making purchases or
other transactions in
this manner.
Furthermore, the
responsibility for
ensuring compliance with
all applicable laws in
connection with any such
transactions shall be
yours alone. You agree
that we will not be held
responsible or liable in
any way for any losses
or damages of any kind
incurred as a result of,
or in connection with,
any such dealings or
transactions. |
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Advertising and
sponsorship |
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| Part of
the Site may contain
advertising and
sponsorship. Advertisers
and Sponsors are
responsible for ensuring
that material submitted
for inclusion on the
Site complies with
relevant laws and codes.
We will not be
responsible for any
error or inaccuracy in
advertising and
sponsorship material |
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Privacy |
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| You
acknowledge and agree to
be bound by the terms of
our privacy policy. |
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Purchasing your chosen
mobile number |
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Availability of products |
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| Items
shown on the Site will
be in stock unless we
tell you otherwise but
occasionally we may be
unable to supply a
particular mobile
number. |
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Prices of products |
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| The
prices payable for a
mobile number are set
out on the website and
lists the prices payable
for that order. Every
effort is made to ensure
that prices shown on the
Site are correct. In the
unlikely event that an
error is made in the
price shown on the Site,
we will not be liable to
supply the mobile number
to you at the stated
price, provided that we
notify you before we
dispatch the SIM Card
concerned. In those
circumstances, we will
not dispatch the SIM
Card but will notify the
correct price to you so
you can decide whether
or not you wish to order
the mobile number at
that price. |
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Payment for products |
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PayPal Account |
| you can
pay via a designated
PayPal Account. We will
not be responsible if
any error(s) arise with
their service. Please
refer to PayPal’s terms
and conditions at
www.paypal.com. |
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Cheques/postal orders |
| we also
accept cheques and
postal orders. |
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| Note
all mobile numbers
remain the property of
Unique SIMs™ until full
payment has been
received and cleared. |
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Refunds |
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| We do
offer a full/partial
refund (s) on products
brought from our website
provided the product is
returned in its original
condition prior to
dispatch: new factory
sealed, within 7 days of
receipt. If security
registration details
have been altered we are
unable to offer a
refund. We do not offer
a refund for any PAC (authorisation
code) purchases. |
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| Unique
SIMs™ reserves the right
to change the price of a
mobile number and method
of payment upon notice
to you. Notice includes
the posting of any
changes on the relevant
pages of this Site
related to payment
provisions. |
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| By
purchasing a mobile
number, you warrant
that: |
- you are of the
age of majority in
the jurisdiction in
which you reside,
- all information
you submit is true
and correct, and
- you are the
cardholder of the
credit/debit card;
you have a confirmed
PayPal account.
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Delivery |
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| When
you purchase your chosen
mobile number, we will
deliver a SIM Card to
the address specified by
you on the completed
order form. |
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| Please
note that we can only
deliver SIM Cards within
England, Scotland and
Wales. Your order will
be delivered by Royal
Mail first class
recorded, up to the
value of £34.00 standard
insurance, or, Royal
Mail special delivery if
over the value of
£34.00, both of which
you will have to sign
for. If you are
unavailable when they
call, a card will be
left and you can pick up
your product (s) at your
local postal depot
within 21 days. We do
our best to secure
delivery within 30 days
of the date of your
order. Unique SIMs™
shall not be liable for
loss occasioned by delay
in delivery arising out
of any cause beyond our
control. For orders
placed before 4pm we aim
to deliver your order
the next day (except for
weekends and bank
holidays). In all cases
we aim to deliver within
3 to 7 working days.
Ownership of the SIM
Card will not pass to
you until such time as
we have received payment
of the purchase price in
full. Risk of damage to
or loss of the SIM Card
shall pass to you at the
time of delivery of the
SIM Card. |
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Wrong or missing items |
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| Please
check your order and
dispatch note carefully.
You must contact us on
08450 00 00 77 within 48
hours of receipt of your
order if you have
received any incorrect
items or anything is
missing from your order. |
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Activating your chosen
mobile number |
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| The SIM
Card will be connected
to one of the main
mobile phone networks.
This SIM Card will in
most cases work when you
receive it. The SIM Card
will come registered to
yourself (the customer)
or to Unique SIMs™,
depending on the network
that the particular SIM
Card is registered to.
If registered to Unique
SIMs™ the details can
simply be changed using
the username and
password that we will
supply. For full details
on how to transfer
ownership please see the
Site or the booklet
provided with your SIM
Card. We do however
reserve the right to
keep the SIM Card
registered in our name
for a minimal amount of
time as in some cases
this may be necessary. |
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Canceling your order |
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| You may
cancel your order with
us for a mobile number
at any time up to the
end of the seventh
working day from the
date you receive the SIM
Card. You do not need to
give us any reason for
canceling your contract
nor will you have to pay
any penalty. |
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| To
cancel your order you
must notify us in
writing, at our contact
address. If you have
received the SIM Card
before you cancel your
order then you must send
the SIM Card back to our
contact address at your
own cost and risk. If
you cancel your order
but we have already
processed the SIM Card
for delivery you must
not unpack the SIM Card
when it is received by
you and you must send
the SIM Card back to us
at our contact address
at your own cost and
risk as soon as
possible. |
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| Once
you have notified us
that you are canceling
your order, any sum
debited to us from your
credit card will be
re-credited to your
account as soon as
possible and in any
event within 30 days of
your cancellation
PROVIDED THAT the SIM
Card in question is
returned by you and
received by us in the
condition it was
delivered to you. If you
do not return the SIM
Card delivered to you or
do not pay the cost of
delivery, we shall be
entitled to deduct the
direct costs of
recovering the SIM Card
from the amount to be
re-credited to you. |
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Right for us to cancel
your order |
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| We
reserve the right to
cancel the order between
us if: |
- We do not have
the mobile number
you have ordered,
- One or more of
the mobile numbers
you have ordered was
listed at an
incorrect price due
to a typographical
error or an error in
the pricing
information received
by us from our
suppliers.
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| If we
do cancel your order we
will notify you by
e-mail and will
re-credit to your
account any sum deducted
by us from your credit
card as soon as possible
but in any event within
30 days of your order.
We will not be obliged
to offer any additional
compensation for
disappointment suffered. |
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Liability |
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| If the
SIM Card delivered to
you is damaged or
defective, we shall have
no liability to you
unless you notify us in
writing at our contact
address of the problem
within 5 working days of
the delivery of the SIM
Card in question. |
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| If you
do not receive the SIM
Card within 30 days of
the date on which you
ordered it, we shall
have no liability to you
unless you notify us in
writing at our contact
address of the problem
within 40 days of the
date on which you
ordered the SIM Card. If
you notify a problem to
us under this condition,
our obligation will be
at our option to make
good any non-delivery,
repair a SIM Card that
is damaged or defective,
or to refund to you the
amount paid by you for
the mobile number in
question. |
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| Save as
precluded by law and the
above clause we,
including our licensors
and affiliates, will not
be liable to you for any
direct, indirect or
consequential loss,
incidental special or
exemplary damages or
expenses (including loss
of profits, savings,
business or goodwill)
however arising out of
any action or default of
any third party over
which we have no
control, nor will we be
liable to refund to you
the amount paid by you
for the mobile phone
number in question. |
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| You
must observe and comply
with all applicable
regulations and
legislation, including
obtaining all necessary
customs, import or other
permits to purchase a
mobile number from our
Site. We make no
representation and
accept no liability in
respect of the export or
import of the mobile
number you purchase. |
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General Provisions
relating to use of the
website and sale of
mobile numbers |
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Notices clause |
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| Unless
otherwise expressly
stated in these Terms
and Conditions, all
notices from you to us
must be in writing and
sent to our postal
address at Unique SIMs™
20 Hoyles Road, Paignton, Devon, TQ3 3PH and all notices from
us to you will be
displayed on this
website from time to
time. |
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Arbitration and actions |
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| Any
controversy, claim or
dispute arising out of
or relating to these
Terms and Conditions,
your use of our Site or
your purchase of a
mobile number or the
relationship which
results from these Terms
and Conditions,
including without
limitation, the
performance, breach,
enforcement, existence
or validity of the
matters provided for in
these Terms and
Conditions which cannot
be amicably resolved,
even if only one of the
parties declares that
there is a difference
(collectively, a
"Claim"), will be
referred to and finally
settled (to the
exclusion of the courts)
by private and
confidential binding
arbitration before a
single arbitrator held
in the United Kingdom
and governed by English
law as amended, replaced
or re-enacted from time
to time. The arbitrator
shall be a person who is
legally trained and who
has experience in the
mobile communications
field in the United
Kingdom and is
independent of either
party. Any such Claim
shall be arbitrated on
an individual basis, and
shall not be
consolidated in any
arbitration with any
claim, controversy or
dispute of any other
party. You agree to
waive any right you may
have to commence or
participate in any class
action against us
related to any Claim
and, where applicable,
you also agree to opt
out of any class
proceedings against us.
Notwithstanding the
foregoing, we reserve
the right to pursue the
protection of
intellectual property
rights and confidential
information through
injunctive or other
equitable relief through
the courts. |
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Governing
law/jurisdictional
issues |
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| The
Site and Content is
controlled, operated and
administered by Diamond
Numbers™ Limited from
its offices within the
United Kingdom. We make
no representation or
warranty that the Site
is appropriate or
available for use at any
locations outside the
United Kingdom. Should
you access our Site from
outside the United
Kingdom, you are
responsible for
compliance with the
particular country’s
laws. You may not export
any of the Content
accessible through our
Site in violation of
applicable export laws
and regulations. These
Terms and Conditions
shall be interpreted,
construed and governed
in accordance with
English law and the
English Courts shall
have jurisdiction to
resolve any disputes
between us. |
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OFCOM |
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| Unique
SIMs™ is regulated by
the Office of
Communications (Ofcom)
or their replacement
from time to time. For
more information on
Ofcom please visit
www.ofcom.org.uk. |
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Miscellaneous |
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| The
rights under these Terms
and Conditions are
personal to you, and you
may not assign them to
anyone. These Terms and
Conditions constitute
the entire Contract
between Unique SIMs™ and
you pertaining to your
use of our Site, Content
and purchasing of mobile
numbers and supersede
any prior agreements
between you and Unique
SIMs™ with respect to
the subject matter
hereof. Our failure to
insist upon or enforce
strict performance of
any right or provision
of these Terms and
Conditions shall not
constitute or be
construed as a waiver of
any right or provision.
If any of the provisions
(or parts thereof)
contained in these Terms
and Conditions are
determined to be void,
invalid or otherwise
unenforceable by a court
of competent
jurisdiction, such
determination shall not
affect the remaining
provisions (or parts
thereof) contained
herein. Unique SIMs™
reserves the right to
amend our Terms and
Conditions at anytime
without displaying them
on our Site. |
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Contact details |
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| The
Uniquesims.com/co.uk
site is owned and
operated by Unique SIMs™
office is based at 20 Hoyles Road, Paignton, Devon, TQ3 3PH |
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If you
have any queries please
contact Customer
Services at:
sales at uniquesims.com
or via phone on 08450 00
00 77
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| VAT REGISTRATION NUMBER 987 9314 53 |
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