YOU CANNOT ACCEPT THESE TERMS IF YOU ARE NOT LAWFULLY ENTITLED TO USE THE APP IN THE COUNTRY IN WHICH YOU ARE LOCATED OR RESIDENT OR IF YOU ARE NOT OF AGE TO FORM A BINDING AGREEMENT WITH WAVECREST.
IMPORTANT - No access to Emergency Services. WaveCrest does not intend that the App is a replacement for your mobile phone or fixed line telephone. The App will not permit you to make emergency calls to the Emergency Services and you must ensure that you are able to make such emergency calls using alternative communications arrangements.
In these Terms the use of "device" means the mobile 'phone, tablet p.c. or other similar or analogous equipment upon which the App is capable of being installed and "operating system provider" means Apple, Android or any other provider of an operating system on your device.
1.1 The App is licensed, not sold, and WaveCrest reserves all rights not expressly granted in these Terms. Provided that you comply with these Terms, WaveCrest grants you a limited, non-exclusive, non-sublicenseable, non-assignable, licence to download and install the App on the mobile product that you own or control.
1.2 You acknowledge that there may be some devices (particularly those running older or unsupported versions of operating systems, or that have been jail broken, rooted or otherwise modified) that it will not work on.
1.3 You agree that you will not use the App (or any part of it):
1.3.1 to provide communication products or services to third parties;
1.3.2 for any unlawful or fraudulent purpose, for instance, to make any communication which is malicious, fraudulent or hoax or in any way which may damage or affect the operation of the App or the underlying infrastructure used do deliver the services through the App.
1.4 You must use the App in accordance with the laws of where you are located. Some countries may place restrictions on the download and use of the App and it is your responsibility to ensure that you are legally allowed to use the App where you are located.
1.5 You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) that you are not on any U.S. Government list of prohibited or restricted parties.
1.6 You agree that, where the App is downloaded by you via iTunes, Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple and Apple's subsidiaries will have the right (and will be deemed to have accepted the right) to enforce these Terms against the you as a third party beneficiary thereof.
1.7 The App is a consumer service. If you do use the App for business or commercial purposes you will compensate us for all liabilities, claims, damages, losses and costs (including legal costs) which we may suffer because someone (other than you) makes or threatens a claim against us because the App is faulty or cannot be used by them.
2.1 When you use the App to access the services delivered through the App, the balance on your user account will be reduced in proportion to the length of the call and will also depend on the destination to which you are calling. The rates available to destinations are set out in the app.
2.2 Call rates vary between destinations and are inclusive of VAT. Rates displayed in advertisements, promotional literature, tariff sheets and elsewhere are shown in pence per minute.
2.3 WaveCrest reserves the right to alter the rates to any destination or available destinations at any time.
2.4 All call rates include VAT.
3.1 The App and the services delivered through it are provided "as is" and "as available". WaveCrest will use reasonable skill and care in providing the services but cannot guarantee that they will be free from fault. Neither Wavecrest nor the provider or manufacturer of your device will be responsible for aspects of the App or the services that are dependent on third parties such as network operators.
3.2 The use of the App and the services requires you to connect to a local rate access number. The charges for the access number are charged at your service provider's applicable rate or part of inclusive bundled minutes; these charges (if any) are not included in any purchase or top up of the App or services and are your sole responsibility.
3.3 WaveCrest reserves the right at any time to modify or discontinue, temporarily or permanently, your access to or use of the App with or without notice. WaveCrest may from time to time perform maintenance on the App or the underlying infrastructure that enables you to use the services offered through the App and this may require WaveCrest to temporarily suspend or limit your use of the App.
3.4 The express provisions of these Terms are in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law. Your statutory rights are not affected.
4.1 WaveCrest owns, or is the licensee to, all right, title and interest in and to the App, including any patents, inventions, copyright, utility models, designs (both registered or unregistered and including rights relating to semi-conductor topographies), database rights, trade marks (both registered and unregistered) together with all rights to the grant of and applications for the same and including all similar or analogous rights and all other rights in the nature of intellectual and industrial property throughout the world and all future rights of such nature.
4.2 To the extent permitted by law, you will not copy, modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from the App or otherwise commercialise the App. You will not remove, obscure or alter any copyright notice, trade mark or other proprietary rights notice affixed to, contained within or accessed in conjunction with or by the App.
5.1 You agree that you use the App entirely at your own risk and that WaveCrest is not liable for providing (or maintaining) the device on which you have installed the App. You also acknowledge that your operating system provider shall have no obligation to furnish maintenance and support services in respect of the App.
5.2 WaveCrest, the provider of your device and your operating system provider shall not be liable for any damages or losses whatsoever, including but without limitation to, damages for loss of use, data or profits, or for indirect or consequential losses arising out of the use or performance of the App, the provision of or failure to provide services, or for any information obtained through the App, or otherwise arising out of the use of the App, whether based on contract, tort, or otherwise, without limitation, even if WaveCrest, the provider of your device or your operating system provider has been advised of the possibility of damage.
5.3 When the credit you have purchased has been added to your account, you agree that the WaveCrest service has started and you will not have a right to cancel your order under the Distance Selling Regulations
5.4 If you are dissatisfied with any portion of the App, or with any of these Terms, your sole remedy, except as specifically provided in these Terms, is to stop using the App.
5.5 Notwithstanding anything in these Terms, WaveCrest does not disclaim liability for death or injury caused by its own negligence or for any liability which cannot be excluded by law.
5.6 You must immediately direct any claims (including, for example, any third party claims, claims relating to intellectual property rights, product liability claims, claims that the App fails to confirm with any applicable legal or regulatory requirements or claims arising under applicable consumer law) regarding the App, or your possession or use of it, to WaveCrest only (and not to your operating system provider) using the contact details given at the end of these Terms.
6.1 Following initial activation, in order to keep your User Account active you must top it up at least once a year. For the avoidance of doubt, any credit on a customer's account which remains unused after 12 months from the date of such credit shall expire and will not be refundable. Any bonus or promotional credit entered on an account shall be non-refundable in any event. No credit will be refunded where the amount of the credit is less than Planet Talk’s administrative expenses in dealing with the request for credit.
6.2 You may terminate your relationship with WaveCrest at any time by ceasing to use the App. WaveCrest will not issue a refund for any unused credit because you have decided to no longer use the App.
6.3 WaveCrest may terminate its relationship with you, or restrict, suspend,
deactivate or cancel your use of all or part of the App and/or any of the services delivered through the App:
6.3.1 If you are in breach of these Terms;
6.3.2 If WaveCrest reasonably suspects that you are using the App or the services delivered through the App to break the law or infringe third party rights;
6.3.3 If WaveCrest reasonably suspect 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;
6.3.4 If WaveCrest reasonably suspect 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;
6.3.5 If WaveCrest 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);
6.3.6 on 14 days notice if WaveCrest decides to cease any of the services delivered through the App;
6.3.7 immediately if required to do so by a change in laws and/or regulation by a regulator or authority.
In the event that we exercise any rights pursuant to this Clause 6.3, you shall not be entitled to any refunds.
6.4 If you breach these Terms, WaveCrest has the right to restrict, suspend, deactivate or cancel your use of the App and/or any of the services delivered through the App and you agree to compensate WaveCrest for all claims, damages, losses, costs (including legal costs) and liabilities which it may suffer as a result of your breach.
6.5 Upon termination of your relationship with WaveCrest:
6.5.1 all rights granted by these Terms to use the App and the services delivered through the App shall immediately terminate;
6.5.2 you will immediately cease using the App and the services delivered through the App; and
6.5.3 you will immediately uninstall the App from your mobile product in your possession or under your control.
7.1 A failure or delay by WaveCrest in enforcing compliance with these Terms shall not be a waiver of that or any other provision of these Terms.
7.2 WaveCrest may assign, novate, transfer or otherwise deal with these Terms, in whole or in part, at any time without notice to you. You may not assign these Terms or any part of them or any rights to use the App, in whole or in part, either temporarily or permanently, to any other party.
7.3 WaveCrest shall not be responsible for any of its breaches of these Terms where the breach was caused by matters beyond its reasonable control.
7.4 Subject to clause, none of these Terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party.
7.5 If any provisions of these Terms shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
7.6 These Terms and any other terms or documents referred to in these Terms constitute the entire agreement and understanding between you and WaveCrest with respect to the subject matter of these Terms, and supersedes and extinguishes any prior drafts, agreements, undertakings, understandings, promises or conditions, whether oral or written, express or implied between the parties relating to such subject matter. You may also be asked to accept the terms and conditions relating to WaveCrest's third party service providers (for instance, payment providers) from time to time.
7.7 WaveCrest does not keep any data which enables it to identity any individual using the App. Any and all notices to be given pursuant to or in connection with these Terms shall be deemed sufficiently given when published at www.planet-talk.co.uk (if the notice is from WaveCrest to you) or, if the notice is from you to WaveCrest, sent to firstname.lastname@example.org.
7.8 In the case of any Customer who is an individual about whom WaveCrest processes personal data (as defined in the Data Protection Act 1998),
the following shall apply:
7.8.1. WaveCrest may process such personal data for the purposes of administering the relationship with the Customer and, as part of its use of such data, may transfer that data to other WaveCrest affiliates in jurisdictions outside the UK which do not provide the same level of protection for personal data as exists in the UK.Ltd
7.8.2 WaveCrest may also, from time to time, use such personal data to provide the Customer, whether by telephone or facsimile or electronic mail or other means of communication, with details of promotions, products and services of WaveCrest may be of interest to the Customer.
7.8.3 WaveCrest may process customer information with the Service for the prevention or detection of fraud, and to deal with customer enquiries.
7.8.4 WaveCrest may share Customer’s personal information with other companies. For example, WaveCrest may use specialist companies to conduct market research on its behalf to see how WaveCrest can improve the services it offers. However, those companies can only process this information according to the instructions WaveCrest gives them.
7.8.5 To help improve WaveCrest’s service and in the interests of security it may monitor and/or record the Customer's telephone calls with it.
7.8.6 WaveCrest may share Customer’s personal information with other companies. For example, WaveCrest may use specialist companies to conduct market research on its behalf to see how WaveCrest can improve the services it offers. However, those companies can only process this information according to the instructions WaveCrest gives them.
7.8.7 By entering into this Agreement, the Customer expressly agrees to the use of personal data for the purposes described clause 9.
7.9 English law governs these Terms. You agree to submit to the non-exclusive jurisdiction of the English courts. The language ofthese Terms shall be English.
7.10 English law governs these Terms. You agree to submit to the non-exclusive jurisdiction of the English courts. The language ofthese Terms shall be English.
8.1 WaveCrest may, from time to time, make changes to these Terms. These changes will be published on our website. The changes will be effective as soon as they are published. You agree that your use of the App after the updated version of these Terms has been published will constitute your acceptance of the updated Terms. If you do not agree to the updated Terms, you may choose to terminate your relationship with WaveCrest in accordance with condition 6.2 above.
9.1 If using the Wi-Fi feature of the App you are using a working third party Wi-Fi connection which is out of the control of WaveCrest and the audio paths of the technology used by the App are not encrypted. Consequently, WaveCrest cannot guarantee the security of any information passed using the App and/or any of the services accessed or delivered through the App and accepts no liability for any loss or damage that may result from information or data being intercepted by third parties.
10.1 WaveCrest reserves the right at all times to disclose any information provided by you or about your use of the App as WaveCrest deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
11.1 We want Planet Talk to give you a great service. However if you are unhappy with any aspect of the App please contact us at email@example.com. We aim to acknowledge your request as soon as possible after contacting us. Please note that the primary language for support is English, and although we shall do our best to deal with contact made in other languages it may take a little longer. If we are unable to resolve your complaint to your satisfaction you may refer your complaint to an independent alternative dispute resolution scheme.
WaveCrest Networks Ltd
Registered Number: 3290227
23 Austin Friars,
London EC2N 2QP
Customer Support: e-mail: firstname.lastname@example.org
You can use Planet Talk Instant by dialling 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 dialling your international number (including the “00” prefix). Callers must ensure they have bill payer’s permission before using the Planet Talk Instant services. All calls are billed by your telephone line provider at their relevant 084, 087, 090, 091 rates. Calls are charged from time of connection to the Planet Talk Instant service, so we advise replacing the handset after a short period if your calls are engaged or unanswered. When you call from a mobile, remember to only press the call or send button after dialling the access number but not again after dialling the destination number. Calls to mobile phones, premium rate numbers and pagers are not included unless otherwise stated.
The prices for the Service shall be as stated in Planet Talk’s tariff sheets as current from time to time. All prices are inclusive of VAT. Although Planet Talk will endeavour to give not less than fourteen days’ prior notice to the Customer of any changes in prices, in the event of a change in rates without prior notification, the Customer will subsequently be informed of such change within thirty days. Rates displayed in advertisements promotional literature tariff sheets and elsewhere are shown in pence per minute. All sums due to WaveCrest Planet Talk under this Agreement shall be paid in full by the Customer without any set-off or counterclaim whatsoever except as required by law. Minimum period does not apply. The agreement for the Planet Talk Account service shall come into full force and effect from the date of acceptance by Planet Talk of the initial payment on signature of the application form or on first use of the Planet Talk Account Service by the Customer whichever is earlier. The Customer must pay an initial payment to Planet Talk upon application for a Service (the ‘Initial Payment’). Planet Talk will credit the Initial Payment against the Customer’s account. The Initial Payment must be for an amount not less than £10 or as otherwise notified or as specified in any literature as current from time to time. This amount can be increased or topped-up at any time by making further contributions in the multiples of not less than £5 or in such multiples as may be specified as current from time to time. Subject to the deduction of £5.00 to cover Planet Talk’s administrative expenses Planet Talk will refund the Customer by re-crediting its credit card or issuing a cheque within 30 days of a written request for the same from the Customer. “Any such written request must be marked for the attention of the “Planet Talk Account” to WaveCrest Networks Ltd,23 Austin Friars, London, EC2N 2QP”. Any credit on a customer’s account which remains unused after 6 months from the date of such credit shall expire and will not be refundable. Any bonus or promotional credit entered on an account shall be non-refundable in any event. No credit will be refunded where the amount of the credit is less than Planet Talk’s administrative expenses in dealing with the request for credit. Customer may only make use of the Service so long as there is a prepaid credit balance in favour of the Customer in the Planet Talk account. Planet Talk Account’s calls are billed per minute. The Customer can obtain an itemized statement in respect of the Planet Talk Account Service upon payment of a fee of £5.00 per monthly statement.