TERMS & CONDITIONS
This document sets out the terms on which iCX Europe Ltd. ("iCX Europe Ltd." or "we")
will provide the iDialthru service (the 'Service') to you, the customer ("you").
You can use iDialthru by dialing the applicable access number as detailed by us on our
website (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).
By using the Service, you agree to be bound by the following terms and conditions
and acknowledge that we provide the Service 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 Service. If you do not accept these terms then you must not use the Service.
You acknowledge that continued use of the Service will be deemed to be an acceptance
by you of these terms and conditions.
1. General
1.1 The Service is subject to availability. 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 Service::
(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 service, 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 Service, the network or any telecommunications
system used to provide the Service;
(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 Service, or that the Service 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 Service.
3.2 You acknowledge that access and use of the Service (including any
networks or software operating in connection with the Service) 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 Service (including any network or software operating
in connection with the Service).
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 service
failure, including the unavailability of third party telecommunications service,
lines or other equipment; fire; flood or storm).
4. Liability
4.1 iCX Europe Ltd. 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 Service, or any loss, theft or unauthorised
use of your Service, 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 Service, or any software or
networks used by you in connection with the Service, 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 iCX Europe Ltd.
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 Service.
5. Intellectual property
5.1 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 on the Service), unless indicated otherwise.
Subject to these terms of use, we grant to you a non-exclusive and non-transferable
license to use the Service 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 Service and will not, either directly or indirectly,
reproduce, modify, transmit, copy, adapt, sell, publish distribute or
communicate the Service or anything contained within 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.
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, telephone numbers, email address, and details of how you use
our products and service which may include the numbers you call, the
type, date, time, location, duration, cost of calls, messages or other
communications, and information about your browsing activities when
visiting our website.
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 enquiries or complaints and other customer care
related activities; 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 selected third party products and service,
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, mobile text message, MMS, telephone or mail, contacting
you about the products and service 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 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 the Service
6.3.4 carrying out any activity or disclosure in connection with a legal, governmental, national
security 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
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 A comprehensive description of how we use personal information is publicly available from the
Information Commissioner - please see www.dataprotection.gov.uk
6.5 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, iCX Europe Ltd. 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.
6.6 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.
6.7 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 may be used by us or our agents to: a. identify you when you contact
us; b. help identify accounts, service and products which you could have from
us from time to time; c. help run, and contact you about the improved running of,
any accounts, service 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 service offered by us and selected partners. We may allow
other people and organisations to use information we hold about you to provide service
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 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 service 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 service that we believe will be of
value or interest to you. We will keep information for as long as is necessary
to provide service 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.
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 Service 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 Service 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 Service is unlawful, we may immediately issue a warning, temporarily
suspend or permanently prevent your access to all or parts of the Service,
regardless of whether other users still have access to the Service.
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 Service
or within our website conflicts with these terms and conditions, then these
terms and conditions will prevail to the extent of such inconsistency.
11. Miscellaneous
11.1 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.
11.2 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
11.3 Except in the case of
any permitted assignment of this Agreement under Clause 11.2, 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.
11.4 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.
11.5 You may address any complaints in writing to: iDialthru
Customer Care on customer@icxeurope.com.Please include your telephone number in any
correspondence.
12. Governing law
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.
13. Entire agreement and relationship
13.1 These terms set out
the whole of our agreement relating to use of and access to the Service. No
agency, partnership, joint venture, employee-employer or franchisor-franchisee
relationship is intended or created between you and us by these terms and
conditions.