This document sets out the terms on which Call-N-Donate(" Call-N-Donate", "us", "we") will provide Just-Dial Instant, and/or Topup2talk (collectively the "Services") to you, the customer ("you")
By using the Services, you agree to be bound by the following terms and conditions (the "Conditions of Use") and acknowledge that we provide the Services to you on these terms
You must accept the Conditions of Use as a condition of you using the Services. If you do not accept the Conditions of Use then you must not use the Services. You acknowledge that use of the Services will be deemed to be an acceptance by you of the Conditions of Use
As the Services are made immediately available to you with your agreement, you acknowledge that you have no right to cancel your order for the Services under the Consumer Protection (Distance Selling) Regulations 2000
1. General
1.1. You can use Just-Dial Instant by dialling the applicable access number (the "Access Numbers") as detailed by us at www.callndonate.co.uk and then dialling your international number (including the "00" prefix).
1.2. You can access the Topup2talk service (the "Pre Paid Calling Services") as follows:
1.2.1. From a mobile, by texting "CHARITY" to the relevant shortcode (a premium rate text message number) as detailed by us at www.callndonate.co.uk an access number and PIN will be sent to you by text. The text message to receive the access number and PIN costs £3 or £5 depending on the shortcode and/or the service you are ordering)("SMS Charges"). The costs of the text message will be charged to you by your network provider and added to your network provider billin addition to any standard SMS charges for the request message. We will credit you with calling credit to the equivalent value of the premium rate text message directly to your mobile phone as soon as reasonably practicable after receipt of your text message. Any request message or reply to our shortcodes other than STOP will result in charges being incurred; or
1.2.2. From a landline by dialling 0901 366 2004 the applicable premium rate number (the "Premium Rate Number") as detailed by us at www.callndonate.co.uk. Each call to this Premium Rate Number will cost you £1 and for this we will allocate calling credit to the telephone number that you used to make the Premium Rate Number call as soon as reasonably practicable after receipt of your call and
1.2.3. Using your calling credit to dial the access number provided to you and entering the international destination telephone number that you wish to call.
1.3. Any unused call credit which has not been used for 90 (ninety) days or more will expire, and you shall lose any entitlement to use that credit for the Pre Paid Calling Services
1.4. Your landline or mobile provider may charge additional charges for usage of their network, For details of how these charges work together with our Services contact your landline or mobile provider for additional detail.
1.5. We reserve the right to implement limits on the amount of Pre Paid Calling Services you can order from any one mobile phone in any one day.
1.6. We reserve the right to change any access numbers, premium rate numbers, shortcodes and charges relating to the shortcodes and/or premium rate numbers from time to time with a notice of such change being posted at www.callndonate.co.uk
1.7. The Services are subject to availability. All relevant costs in relation to your use of Access Numbers and Pre Paid Calling Services are disclosed and can be accessed at www.callndonate.co.uk.
1.8. Should you require customer service, please contact our customer service team via telephone on 0844 552 8575.
1.9. Prior to using the Services, you must first obtain permission to do so from the person paying the bill for the telephone or mobile from which you access the applicable Services. By using the Services, you confirm that you have obtained such permission.
1.10. You must inform us of any problems relating to your use of the Services within 7 days of your attempted use, or, in the event of a problem with Pre Paid Calling Services, within 7 days of purchase of the applicable Pre Paid Calling Service. You can do so by contacting us by calling us on 0844 552 8575. Where we have assessed that a Pre Paid Calling Service is faulty, a replacement Pre Paid Calling Service will be sent to you containing an equivalent amount of call credit to that which was held on the faulty Pre Paid Calling Card Service.
2. User Obligations
You shall not use, nor allow any other(s) to use, the Services:
(a) On any landline or mobile that you do not have permission to use or make use of;
(b) If you are under 18 years of age and have not obtained the consent of your parent or guardian to do so;
(c) For any improper, immoral or unlawful purpose;
(d) 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;
(e) To violate or infringe any rights of, or to cause unwarranted inconvenience or anxiety to, any other person;
(f) 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;
(g) Fraudulently or illegally or contrary to any relevant standard or code; or
(h) For the purpose of re-sale to third parties.
3. Our rights
3.1. We reserve the right to terminate, restrict, suspend, deactivate or cancel your use of all or part of any Services where we reasonably believe: a. that any Service or aspect of the Services is being used by you or on your behalf for commercial purposes or otherwise contrary to these Conditions of Use;
b. That any Service or aspect of the Services is being resold by you or on your behalf (whether or not for commercial gain) or in other way being exploited for commercial gain without our express written permission;
c. where we reasonably believe that there has been fraudulent activity (for example, where our systems detect that the Services are used to make an unusual amount of phone calls originate from the same telephone number or set of telephone numbers that would be inconsistent with normal consumer use);
In the event that we exercise any rights pursuant to this Clause 3.1, you shall not be entitled to any refunds.
3.2. We reserve the right to suspend your access to Services and clawback any credit that you have not used for a period of 90 (ninety) days or more on the Pre Paid Calling Card Services.
3.3. We reserve the right (at our sole discretion) to amend:
3.3.1. Any material charges (other than those set out in 3.3.2 and 3.3.3 below) on 30 days written notice to you by publishing this information at www.callndonate.co.uk;
3.3.2. The charges for the Pre Paid Calling Services (as defined in Clause 1.2) from time to time by publication of such amended charges at www. callndonate.co.uk; and
3.3.3. The charges for the Just Dial Instant Service (as defined in Clause 1.1) from time to time upon seven (7) days prior notice to you via our website at www.callndonate.co.uk
4. Warranty and Liability
4.1. Your use of the Services is at your sole risk. The Services and any other product or service which may be provided through or bundled with the Services are provided "as is" and "as available" for your use, without warranties of any kind. Your statutory rights remain unaffected.
4.2. Please note that we will not be liable in the event of unauthorised access to, or loss of your Pre Paid Calling Service, save for any loss which is directly attributable to a technical fault with the Pre Paid Calling Service caused by us.
4.3. The Services are for consumer/residential use and are not designed to be used by customers in connection with the conduct of their, or their employers' or contractors', commercial activities. If you choose to do so, it is entirely at your own, and your employer's or contractor's, risk.
4.4. We do not make any representations or warranties in respect of your ability to access or use the Services at times or locations of your choosing (including any network or software operating in connection with the Services). We will, however, use reasonable skill and care to provide and maintain the availability of the Services.
4.5. Except as provided by law, we exclude all liability for the accuracy (or inaccuracy) or reliability of any material or other information provided or made available by any third party in relation to the Services. We will however use reasonable skill and care in updating and maintaining all information available on our website/s. Your statutory rights remain unaffected.
4.6. We do not endorse, warrant or guarantee any product or service offered in conjunction with the Services by a third party, and will not be a party to, or responsible for monitoring, any transaction between you and any such third party.
4.7. We are not liable for any failure or delay in performance of our obligations under these Conditions of Use caused by matters beyond our reasonable control.
4.8. We shall not be liable for (i) any secondary loss howsoever caused; (ii) for any loss of data, profit, revenue or business or wasted expenditure, howsoever caused; or (iii) any loss not reasonably foreseeable by us when this Agreement commences, arising from your use of the Services or any other product or service that may be bundled with the Services.
4.9. Without limiting the above paragraphs and subject to to paragraph 4.8 above (and except for our liability for death or personal injury caused by its negligence, or for any fraud or fraudulent misrepresentation), our liability under or in connection with these Conditions of Use (whether arising in negligence or otherwise) will not under any circumstances exceed the greater of £100, regardless of the cause or form of action. Your statutory rights are unaffected
5. Indemnity
You indemnify us against any action, liability, claim, loss, damage, proceeding and/or expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to your breach or non-observance of any term of these Conditions of Use
6. Intellectual property
6.1. 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.
6.2. 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 Services (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.
GENERAL NOTES
CHANGES TO THE STANDARD RATE OF VAT - WHAT HAS HAPPENED?
The chancellor reduced the VAT rate from to 15% starting Monday 1st December 2008 for a period of 13 months. From 1st January 2010 the standard rate of VAT will revert to 17.5%.
INSTANT CALL CHARGES.
Call charges for calls made through Instant Access numbers are billed to you by your service provider and not by us. Our Instant Access numbers are classed as Specialised Numbers; the price of the calls to Specialised Numbers, charged by BT, is set by the regulator. We show the rate that you would pay if you were a BT Together Option One customer inclusive of VAT at current rates%.
WHAT SHOULD I DO IF MY SERVICE PROVIDER ISNT BT?
If you use instant from your mobile or call through a fixed line service provider other than BT then please check with your service provider for further details
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