This
document
sets out
the
terms on
which
Telco
Global
Ltd
("Telco"
or "we")
will
provide
either
just-Dial
Instant
and/or
just-Dial
Card
(collectively
the
'Services')
to you,
the
customer
("you").
You can
use
just-Dial
Instant
by
dialing
the
applicable
access
number
as
detailed
by us on
our
website;
www.cheapinternationalcall.co.uk
(which
may be
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
Just-Dial
Card by
texting
"GO
CALL"
(the
keyword)
to a
short-code
(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 web
site at
www.cheapinternationalcall.co.uk.
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
Cheap
Call
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 Have
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
cheap
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
above
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.
