Terms and conditions

IMPORTANT! If you ordered any product or service from us either over the internet, by telephone, by mail order or by any other distance selling method you may cancel your contract with us pursuant to the Consumer Protection (Distance Selling) Regulations 2000 (“Regulations”) at any time before the sooner of: (a) up to seven (7) working days; or (b) the date you start to use the Service (defined below).

As part of the internet acquisition of the service you will accept these conditions online as part of the transaction. These terms are effective from 06 May 2010.

Terms and conditions

1.Conditions of Use for the Telco phonecards

1.1. This sets out the terms on which Onetel Telecommunications Limited("Telco", "us", "we") will provide various pre-paid phone service(s) (the "Service") to you, the customer. By using the Service you agree to be bound by the following terms and conditions (the "Conditions of Use") and acknowledge that we provide the Service to you on these terms.

1.2. You must accept the Conditions of Sale and Use when you sign-up to take the Service and as a condition of you using the Service. If you do not accept the Conditions of Use then you must not use the Service. You acknowledge that use of the Service will be deemed to be an acceptance by you of the Conditions of Use.

2.General

2.1.All relevant payment terms (the "Payment Terms") in relation to your use of the Service are disclosed and can be accessed on the pricing link on our website at www.telcocards.com.

2.2.Please note that some Services may be subject to a daily and/or monthly maintenance charge, the amount of which will be provided to you when you purchase the Service. These charges are debited from the total value of your Service and become applicable from the date of the first use of the Service.

3.Our rights

3.1We reserve the right to terminate, restrict, suspend or cancel the use of all or part of any Service or Services where we reasonably believe:

a.that any Service is being used by you or on your behalf for commercial purposes or otherwise contrary to these Conditions of Use;

b. that any 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 Telco's express written permission;

c.where we reasonably believe that there has been fraudulent activity (for example, where our systems detect that the Service is/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).

Where this happens, you will not be entitled to any refunds.

4.Warranty and Liability

4.1 Your use of the Service is at your, and others who use your Service, sole risk. The Service and any other product or service which may be provided through or bundled with the Service 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 Telco will not be liable in the event of loss or theft of your Service.

4.3 The Service is a consumer/residential product and is 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 Telco does not make any representations or warranties in respect of your ability to access or use the Service at times or locations of your choosing (including any network or software operating in connection with the Service).

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 Service.

4.6 Telco does not endorse, warrant or guarantee any product or service offered in conjunction with the Service 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 Telco shall not be 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 Telco shall not be liable for (i) any indirect, special, consequential or incidental loss howsoever caused; (ii) for any loss of data, profit, revenue, business, anticipated savings, opportunity or wasted expenditure, howsoever caused, or (iii) any loss not reasonably foreseeable by us when this Agreement commences, arising from your use of the Service or any other product or service that may be bundled with the Service.

4.9 Without limiting the above paragraphs (and except for Telco's liability for death or personal injury caused by its negligence, or for any fraud or fraudulent misrepresentation), the liability of Telco under or in connection with these Conditions of Use (whether arising in negligence or otherwise) will not under any circumstances exceed the greater of (a) five times the retail value as associated with the Service in relation to which the liability has arisen; or (b) £100, regardless of the cause or form of action. Your statutory rights are unaffected.

5.Indemnity

5.1 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 or any misuse of the Service.

6.1 We own, or are otherwise licensed to use, all intellectual property in the Service (including the names, logos, trademarks, copyright, content, design, text, graphics, software and any other material appearing in connection with the Service), unless indicated otherwise. Subject to these terms of use, we grant to you a non-exclusive and non-transferable licence 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 Service and will not, either directly or indirectly, reproduce, modify, transmit, copy, adapt, sell, publish distribute or communicate the Service or anything contained within the Services (in part or in full) or otherwise use the Service 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.

7.Use of personal information

7.1 Your personal information may be held and used by us for a delivery of services and We may use third parties to support us with purposes which include, without limitation:

a. administering your Service or other administrative services connected with the provision of Service;

b. carrying out any activity or disclosure in connection with a legal, governmental or regulatory requirement on us 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

c. 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. We may also use your information for the purpose of testing our internal systems and developing new products and services.

7.2 Notwithstanding anything in this Clause 7, we may use any telephone number you give us to provide you with information about goods and services offered by us and other organisations with which we have a business relationship. We or they may contact you by text or other interactive technology. If you would prefer not to receive such information, simply let us know at any time.

7.3 If You would like us to tell you what information we hold about you, if any, please write to: The Data Controller, Onetel Telecommunications Limited at the above address. We may charge a £10.00 administration fee; please quote your name, the telephone number you have used to make calls (if any) and the applicable Service pin number on all requests.

7.4 You should be aware that if we are requested by the police or any regulatory government authority investigating suspected illegal activities to provide your personal information or information concerning your activities whilst using any of the cards, we shall do so.

7.5 We may disclose to third parties aggregated data relating to the use of the Service provided that a single individual is not identifiable in such data.

7.6 We may use information we have collected about you for improving customer service, and to respond to your queries.

7.7 When you speak to us on the phone, some calls may be monitored or recorded in case we need to check we have carried out your instructions correctly and to help improve our quality of service.

8.Amendments

8.1 We are entitled at our sole discretion to change, add or remove any part of these Conditions of Use and to change, withdraw, add or delete any features of the Service or a related promotion at any time (together, the "Changes"). Where this happens, we will provide you with notice by posting or uploading the Changes on our website no less than 7 days before such changes or amends are due to take effect (the "Notice Period"). If you do not agree to any such Changes, your sole remedy is to stop using the Service and notify us if that you wish to cancel the Service no later than the date of expiry of the Notice Period. Your continued use of the Service after the expiry of the Notice Period constitutes an agreement by you to abide by and be bound by the Changes.

9.General

9.1 If any part of these Conditions of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these terms will not be affected. In the event any terms in connection with the provision of the Service or within our website conflicts with these terms of use, then these terms of use will prevail to the extent of such inconsistency.

9.2 Law and Jurisdiction: 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.

9.3 Assignment: Telco reserves the right to assign or subcontract any of its rights or obligations under this Agreement.

9.4 No Waiver: If you or we fail to exercise any right or remedy under this Agreement, that failure won't operate as a waiver of that right or remedy, or prevent it from being exercised subsequently.

9.5 This agreement shall enure for the benefit of TalkTalk Telecom Group PLC group of Companies.

9.6 Save for as set out in clause 9.5, the Contracts (Rights Third Parties) Act 1999 shall not apply to this Agreement and no right, or benefits, whether express or implied, conferred by it shall be enforceable under that Act except the parties to it by any other person.

10.Entire agreement and relationship

10.1 These Conditions of Use (as amended from time to time), together any Special Terms of Use applicable to your Service, contain the entire agreement between you and us relating to your use of the Service and supersedes any previous agreements, arrangements, undertakings, representations or proposals, written or oral, between you and us in relation to such matters.

10.2 The phonecards are provided by Onetel Telecommunications Limited, a company registered in England and Wales under the number 04226697 with registered office located at 11 Evesham Street, London, W11 4AR.

11.eCommerce

11.1 If your order is accepted, we will send you an email invoice confirming your purchase. The PIN(s) and access details will be sent to you via email.

11.2 Please remember to keep all account details and your PIN confidential.

11.3 Onetel Telecommunications Limited accepts no responsibility for any misuse of PINs and it is the responsibility of the purchaser to ensure details are not open to abuse once your PIN details are received.

11.4 Onetel Telecommunications Limited reserves the right to refuse any order placed by you.

11.5 We do not offer refund and do not accept return or replacement of Services after purchase unless stated otherwise in our refund policy.

11.6 Should a Service become faulty, The customer must contact Customer Services immediately. The Customer Service number can be found within the card descriptions available at shop.telcocards.com and within the email confirming your purchase.  The customer must have the card PIN number available when calling.

11.7 You undertake that all the details you provide to us for the purpose of purchasing goods are correct, that the Credit or Debit card you are using is your own and there are sufficient funds to cover the cost of the purchase.

11.8 If there are any changes to the personal information supplied by you, it is your responsibility to amend it on your login as soon as possible. Each and every time you make a purchase from our website, you confirm that the personal information which we hold about you is true and accurate. If your e-mail address changes or your address and contact details, please change before you purchase.

11.9 If your order is accepted, we will send you an email invoice confirming your purchase. The Pin Number (s) and access details will be sent to you via E mail, Please remember to keep all account details and PIN numbers confidential.  Onetel Telecommunications accepts no responsibility for any misuse of pin’s and it is the responsibility of the purchaser to ensure details are not open to abuse once your pin details have been sent.  Onetel Telecommunications Limited may review any order and notify you with the details provided within 24 hours of the final status of your order, in which case PIN and access information will not be sent instantly and will be sent at the point the order is accepted, Onetel Telecommunications Limited can also not be responsible for any technical issues beyond our control when using or purchasing from our website.

11.10 You agree to provide us with a valid and functioning email address to ensure the invoice and pin details are delivered to your requested address.

11.11 You agree to keep all phonecard details (including PIN numbers) confidential. We shall not be liable for losses incurred by you as a result of you disclosing such confidential information to third parties. 

12.PhoneCard Expiry.

12.1 The Service will automatically expire on the date specified in the terms and conditions for the relevant phonecard service on the www.telcocards.com web-site and in the Confirmatory E-mail sent to you in relation to such phonecard.