TERMS AND CONDITIONS
FOR INTERNATIONAL CALL SERVICES FROM ADVENTDIAL.CO.UK
This document sets out the terms on
which Telco Global Ltd ("Telco" or "we") will
provide either Advent Dial Instant and/or Advent Top-Up (collectively
the 'Services') to you, the customer ("you").
You can use Advent Dial Instant by
dialing the applicable access number as detailed by us on our website
(which may beand changed from time to time with notice of such change
being posted on our website) and then dialing your international
number (including the "00" prefix).
You can use Advent Top-Up by texting
"ADVENT" (the keyword) to a shortcode (a premium rate text
message number). The text message costs £3 or £5 (charged to you by
your mobile provider) and for this we will send you a calling card
directly to your mobile phone as soon as reasonably practicable after
receipt of your text message.
By using the Services, you agree to be
bound by the following terms and conditions and acknowledge that we
provide the Services to you on these terms. You must read and accept
(or reject) these terms and conditions as a condition of you using, or
relying on, the Services. If you do not accept these terms then you
must not use the Services. You acknowledge that continued use of the
Services will be deemed to be an acceptance by you of these terms and
conditions. You further acknowledge that you have no right to cancel
the calling card under the Consumer Protection (Distance Selling)
Regulations 2000.
1. General
1.1 The Services are subject to availability. All relevant payment
terms in relation to your use of the Services are disclosed and can be
accessible on the home page on our website at www.just-dial.com. All
special terms of use in relation to specific Services are disclosed
and can be accessible on the home page. Should you require customer
service, please contact our customer service team via our contact us
page.
2. User Obligations
2.1 You shall not use, nor allow any other(s) to use, the Services::
(a) for any improper, immoral or unlawful purpose;
(b) to send a communication which is, or is intended to be, a hoax
call to emergency services, or which is defamatory, offensive,
abusive, obscene, menacing, threatening, harassing, harmful, invasive
of another's privacy, sexist, racist or violent or impersonates
another person;
(c) to violate or infringe any rights of, or to cause unwarranted
inconvenience or anxiety to, any other person;
(d) in such a way that may damage, interrupt, destroy, corrupt, limit
or affect the operation, functionality or quality of the Services, the
network or any telecommunications system used to provide the Services;
(e) fraudulently or illegally or contrary to any relevant standard or
code; or
(f) for the purpose of re-sale to third parties.
3. Disclaimer
3.1 Except as provided by law, we:
(a) make no warranties, conditions, guarantees or representations as
to quality or fitness for a particular purpose, or availability or
security of the Services, or that the Services will be free of errors,
omissions, interruptions or viruses, or any other warranties,
conditions, guarantees or representations whether express or implied,
oral or in writing, except as expressly stated in these terms; and
(b) exclude all liability for the accuracy (or inaccuracy) or
reliability of any material or other information provided or made
available by us or any third party in relation to the Services.
3.2 You acknowledge that access and use
of the Services (including any networks or software operating in
connection with the Services) may be interfered with by numerous
factors outside of our control. Except as provided by law, we make no
representations or warranties in respect of accessing or using the
Services (including any network or software operating in connection
with the Services).
3.3 We are not liable for any failure
to perform our obligations if we are prevented from doing so by an
event beyond our reasonable control (which may include, without
limitation, strikes; labour disputes; acts of God; war; riot; civil
action; malicious acts or damage; compliance with any law,
governmental or regulatory order, rule, regulation or direction; any
act or omission of any government or other competent authority;
accident; equipment or services failure, including the unavailability
of third party telecommunications services, lines or other equipment;
fire; flood or storm).
3.4 You use the Services at your own
risk and we will not be responsible for loss or theft of the Services.
4. Liability
4.1 ave in respect of liability for death or personal injury arising
out of negligence or for any fraud or fraudulent misrepresentation,
Telco we hereby disclaims and excludes to the fullest extent permitted
by law all liability for any loss or damage whatsoever and howsoever
incurred including any faults, damages or maintenance to your
Services, or any loss, theft or unauthorised use of your Services, or
any direct, indirect, consequential, special or secondary loss or
damage including any damage to goodwill or property or with respect to
loss of data, income or profits or any loss of anticipated savings
incurred by you or any loss or damage arising from the consequences of
viruses received by you, whether arising in tort (including
negligence), contract or otherwise, and arising out of or in relation
to your access to or use of or inability to use the Services, or any
software or networks used by you in connection with the Services, or
in connection with any failure of performance, error, omission,
interruption, defect, delay in operation or transmission, computer
virus or line, network or system failure even if Telco or its
employees or agents are advised of the possibility of such damages,
losses or expenses.
You indemnify us against any action,
liability, claim, loss, damage, proceeding, expense (including legal
costs) suffered or incurred by us, arising from, or which is directly
or indirectly, related to (i) your breach or non-observance of any
term of these terms and conditions; or (ii) your use of the Services.
5. Intellectual property
5.1 We own, or are otherwise licensed to use, all intellectual
property in the Services (including the names, logos, trademarks,
copyright, content, design, text, graphics, software and any other
material appearing on the Services), unless indicated otherwise.
Subject to these terms of use, we grant to you a non-exclusive and
non-transferable license to use the Services for the purposes of
telephone calls.
5.2 You agree that you will not, either
directly or indirectly, infringe our intellectual property or other
property rights (or any of our licensors' rights) in the Services and
will not, either directly or indirectly, reproduce, modify, transmit,
copy, adapt, sell, publish distribute or communicate the Services or
anything contained within the Cards (in part or in full) or otherwise
use the Services in a way which will infringe our intellectual
property or other property rights (or any of our licensors' rights),
except as permitted by law or with our prior written consent.
6. Use of personal information
6.1 We respect your personal information and undertake to comply with
applicable Data Protection legislation in place from time to time.
6.2 We may hold information that you
provide to us (such as on an application 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 which
may include the numbers you call, the type, date, time, location,
duration, cost of calls, messages or other communications, the
addresses you send messages to and information about your browsing
activities when visiting one of our web, WAP or similar sites together
with general information about the way you pay and manage your
account. We may share Your Information with: companies within The
Carphone Warehouse Group PLC group of companies ("CPW
Group") and any company or other entity in which CPW Group owns
(directly or indirectly) more than 15% of the issued share capital for
the purposes described in these terms and conditions (including,
without limitation, its fixed line telephony and insurance companies);
and in the event that we undergo re-organisation or are sold to a
third party, you agree that Your Information may be transferred to
that re-organised entity or third party for the purposes and subject
to the terms of this Agreement.
6.3 Your Information may be held and
used by us for a number of purposes and we may use third parties to
support us with purposes which include, without limitation:
6.3.1 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;
6.3.2 carrying out market and product
analysis of Your Information to develop and improve and to tell you
about our and CPW Group's products and services, new developments,
special offers, discounts and awards which we believe may be of
personal interest to you. 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;
6.3.3 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 CPW Group's loyalty or reward programmes
and other similar schemes;
6.3.4 carrying out any activity or
disclosure in connection with a legal, governmental, national security
or regulatory requirement on us or CPW 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
6.3.5 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.
6.4 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:
6.4.1 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;
6.4.2 any information which is covered
by our registration under the Data Protection Act 1998 as amended from
time to time; and
6.4.3 any information which we are
required by an order of any court of competent jurisdiction or by
statutory authority to disclose.
6.5 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.
6.6 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 unless you instruct
us not to.
6.7 A comprehensive description of how
we use personal information is publicly available from the Information
Commissioner - please see www.dataprotection.gov.uk.
6.8 If you would like us to tell you
what information we hold about you, please write to: The Data
Controller, Telco Global Limited, 1 Portal Way, London, W3 6RS. We may
charge a £10.00 administration fee; please quote your mobile and
account number on all requests. You can also call contact us 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.
6.9 If you do not wish your details to
be used for the purposes described in Clauses 6.2 and 6.3, please
write to The Data Controller at the abov e address stating your full
name, address, account number and 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 6.3 in respect of
agreements relating to other products and/or services.
6.10 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, CPW Group or
third parties contacting you for any of the above purposes whether by
telephone, email, SMS, MMS 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.
6.11 You should be aware that if we are
requested by the police or any regulatory government authority
investigating suspected illegal activities to provide your user
information or information concerning your activities whilst using the
Service 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.
6.12 We may disclose to third parties
aggregated data to the use of the Service provided that a single
individual is not identifiable in such data. Information you provide
or we hold about you (whether or not under our contracts with you) may
be used by us or our agents to: a. identify you when you contact us;
b. help identify accounts, services and products which you could have
from us from time to time (we may do this using an automatic scoring
system, which uses the information you have provided, any information
we hold about you and information from other agencies, including
credit-reference agencies); c. help run, and contact you about the
improved running of, any accounts, services and products we have
provided before, or provide now or in the future; d. carry out
marketing analysis and customer profiling (including with
transactional information) and create statistical and testing
information; e. help to prevent and detect fraud or loss; and f.
contact you in any way (including mail, e-mail, phone, visit, text or
multimedia messages) about products and services offered by us and
selected partners. We will only contact you in this way if you have
previously shown your consent.We may allow other people and
organisations to use information we hold about you to provide services
you have asked for; as part of the process of selling one or more of
our businesses; if we have been asked to provide information for legal
or regulatory purposes; or as part of current or future legal
proceedings. From time to time, these other people and organisations
may be outside the European Economic Area in countries that do not
have the same standards of protection for personal data as the UK. We
may also allow your information to be used by other Carphone Warehouse
Group companies for them to carry out any of the above purposes. We
may monitor and record communications with you (including phone
conversations and e-mails) for quality assurance and to make sure that
we are meeting our legal and regulatory requirements.We will hold
information on your phone use, including the numbers called, date,
time, duration and cost of calls, together with information about your
location. We will use this information to manage the phone service and
provide you with any other services you may ask for. Where you have
previously shown your consent, we may use this information to provide
you with information about other products and services that we believe
will be of value or interest to you. We will keep information for as
long as is necessary to provide services you have asked for and until
charges for the service cannot be lawfully challenged. We may check
your details with one or more licensed credit-reference and
fraud-prevention agencies. We and they may keep a record of this
search and the payment details from your account, and share it with
other organisations. If a person provides false or inaccurate
information and we suspect fraud, this is also recorded. This
information may be used by us, and other organisations may search
these records to a. help make decisions about credit and
credit-related services for you and members of your household; b. help
make decisions on motor, household, credit, life and other insurance
proposals and insurance claims for you and members of your household;
c. trace debtors, recover debt, prevent fraud, and manage your
accounts or insurance policies; d. check your identity to prevent
money laundering, unless you give us other satisfactory proof of your
identity; and e. carry out statistical analysis about credit,
insurance and fraud.We, and other credit and insurance organisations,
may also use technology to detect and prevent fraud. If you need
details of those credit agencies and fraud-prevention agencies from
which we get, and with which we record, information about you, please
send us an email via our contact us page. If you give us information
on behalf of someone else, you confirm that you have given them the
information set out in this document, and that they have not objected
to their personal information being used in the way described in it.
If you give us sensitive information about yourself or others (such as
health details or details of any criminal convictions of members of
your household), you agree (and confirm that the relevant subject of
the information has agreed) to us processing this information in the
way set out in this document.If you are making a joint application or
you have told us about some other financial association with someone
else, a 'financial association' between you and that other person (or
people) will be made at credit-reference agencies. This will link your
financial records with that other person (or people) so that both (or
all) your records will be taken into account in all future
applications by either or both (or all) of you. This will continue
until one of you successfully files a notice with the credit-reference
agencies asking that you are no longer financially associated with
that person.
7. Amendments
7.1 We are entitled at our sole discretion to change, add or remove
any part of these terms and conditions and to change, withdraw, add or
delete any features of the Services or a related promotion at any time
by posting or uploading the change or amended terms and conditions on
our website or by notifying you by any other means of communication.
Your continued use of the Services after this time constitutes an
agreement by you to abide by and be bound by the changes or these
conditions of use, as so amended.
8. Breach and Termination
8.1 If, in our reasonable opinion, you breach any provision of these
terms and conditions, or your use of the Services is unlawful, we may
immediately issue a warning, temporarily suspend or permanently
prevent your access to all or parts of the Cads, regardless of whether
other users still have access to the Services.
10. Invalidity and
inconsistency
10.1 If any part of these terms are unenforceable (including any
provision in which we exclude our liability to you) the enforceability
of any other part of these terms and conditions will not be affected.
In the event any terms contained on the Services or within our website
conflicts with these terms and conditions, then these terms and
conditions will prevail to the extent of such inconsistency.
11. Notices
11.1 If we need to send notices to you or you to need to send notices
to us these must be in writing and can be delivered by hand or first
class post to the other's address as stated on the order form and will
be deemed to have arrived at their destination 48 hours after posting.
References in this agreement to "in writing" also include by
SMS and MMS, which must be sent to your mobile phone number, and by
e-mail, which must be sent to us, at the address we notify to you by
e-mail, or 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 and notices given by SMS, MMS or
e-mail shall be deemed to have been delivered the day after the day
the notice is sent.
12. Miscellaneous
12.1 These terms shall be governed by and interpreted in accordance
with English law and the courts of England shall have exclusive
jurisdiction to resolve any disputes between us.
12.2 You cannot transfer or try to
transfer this Agreement to anyone else unless we agree in writing. We
can transfer the benefit and you agree that we can transfer the
obligation under this Agreement to any agent or third party we appoint
to act on our behalf (including, without limitation, any member of the
CPW Group.
12.3 Except in the case of any
permitted assignment of this Agreement under Clause 121.2, a person
who is not a party to this Agreement has no rights under the Contracts
(Rights of Third Parties) Act 1999 or otherwise to enforce any clause
of this Agreement.
12.4 Failure by either of us to enforce
rights under this Agreement shall not prevent you or us (as the case
may be) from taking further action.
12.5 You may address any complaints in
writing to: just-Dial Customer Care, [ ]. Please include your Mobile
Phone and account number in any correspondence. In the event that we
are unable to resolve your complaint or if you require further
information, you may contact the Telecommunications Ombudsman, further
details of which can be found at www.otelo.org.uk. Your complaint will
be dealt with under TalkTalk Telecom's membership of Otelo and you
should quote this in all correspondence with Otelo. Regulations
The parties confirm that they have considered the Commercial Agents
(Council Directive) Regulations 1993 including the Schedule thereto
("the Regulations") and agree that the Regulations do not
apply to these terms and conditions. Accordingly, we shall have no
liability to you and you shall therefore have no claim against us for
any payment in respect of minimum notice, compensation or indemnity
under or pursuant to the Regulations, whether for loss of income, loss
of agent rights, loss of goodwill or any analogous loss, upon the
termination of these terms howsoever caused.
13. Governing law
13.1 These terms shall be governed by and interpreted in accordance
with English law and the courts of England shall have exclusive
jurisdiction to resolve any disputes between us.
14. Entire agreement and
relationship
14.1 These terms set out the whole of our agreement relating to use of
and access to the Services. No agency, partnership, joint venture,
employee-employer or franchisor-franchisee relationship is intended or
created between you and us by these terms and conditions.