Introduction
These Terms and Conditions ("TCs") constitute the full terms and
conditions that apply to the agreement between You and PC2CALL Ltd,
an English registered company with its registered address at 58
Marsh Wall, London E14 9TP (Registration number 03944358)
(“PC2CALL”), and supersede and replace any prior written or oral
terms. Where any term specific to an Additional Service conflicts
with any other term herein the term that is specific to that
Additional Service shall prevail.
1. Definitions
1.1 "PC2CALL Credit" means credit that You may purchase from
time to time which allows you to utilize PC2CALL Services but which
has no monetary value other than when used to pay for PC2CALL
Services. PC2CALL Credit is expressed in US dollars ("US$").
1.2 "PC2CALL Service" means the ability to make calls using a
Device or personal computer ("PC") with the Software correctly
installed.
1.3 "Software" means the software provided by Us to You that is
required to be installed before You are able to use the PC2CALL
Service.
1.4 “Device” means an electronic device that is supported by the
PC2CALL Service. A list of supported Devices is available at
www.pc2call.com.
1.5 “PIN” means the numeric code by which you can access the
PC2CALL Service and which is found on a Voucher.
1.5 "Our", "Us", and "We" means PC2CALL Ltd.
1.6 “Voucher” means the physical receipt you receive containing a
PIN enabling you to utilize PC2CALL Credit.
1.6 "You" and "Your" means the person with whom We enter into this
agreement with.
2. When and how the agreement is formed
2.1 This agreement commences and you are deemed to accept these
conditions when you first use the PC2CALL Service.
2.2 The PIN allows you to access PC2CALL Credit that you can spend
by utilizing the PC2CALL Service. We will allow you access to the
PC2CALL Services as soon as we can following your activation of the
PIN.
2.3 If your Vectone Genie Device is lost, stolen or damaged call
customer services for a replacement.
2.4 We may charge you for replacing a lost, stolen or damaged
Vectone Genie Device.
3. Payment and PC2CALL Credit
3.1 In order to be able to make a voice telephone call to fixed
or mobile telephone numbers you must have sufficient PC2CALL Credit
to make that telephone call.
3.2 PC2CALL Credit is non-refundable.
3.4 We do not provide, nor are We obliged to provide You with,
access to the Internet or traditional fixed and/or mobile telephone
services and all rates and charges are exclusive of any costs You
may be liable to pay to a third party for such access or
services.
3.5 Rates are subject to change. Please see the website www.pc2call.com for current
rates.
3.3 As the PC2CALL Service is provided in part over the Internet
and through the networks of third parties, We are unable to
guarantee either the quality of any call or that any call that is
placed using the PC2CALL Service will be connected or that, once
connected, the connection will remain until that call is
terminated.
3.6 PC2CALL may disallow calls to some premium rate, geographic or
non-geographic, international and toll free numbers. Your service
provider may charge you for connecting to the internet; we
recommend you check this with your service provider before using
this product.
3.7 PC2CALL may block PINs if they are deemed to be a financial
risk to PC2CALL because of non-payment of credit amount by
wholesalers/ retailers/ distributors of Vouchers.
3.8 When You make a telephone call using the PC2CALL Service, Your
PC2CALL Credit will be reduced by the amount due in accordance with
the applicable rate at the time that You made that call.
4. Safeguarding Your access to PC2CALL Credit and Services
4.1 You agree that You are solely responsible for any calls made
using Your PIN, login and your Password and that You are solely
responsible for ensuring the confidentiality of this.
4.2 You agree to inform Us of any unauthorised use of Your PC2CALL
PIN, login or password within 24 hours of Your discovery of such
unauthorised use by emailing Us at info@PC2CALL.com.
4.3 You agree to indemnify Us against any and all claims and
demands, costs, including legal fees, and other expenses incurred
by Us made by any third party in respect of any unauthorised use of
Your PIN, login, password or Your PC2CALL Credit where You do not
comply with paragraph 4.2 above.
5. Your Responsibilities
5.1 You agree that You are wholly responsible for the content of
Your use of the PC2CALL Service and agree not to transmit any
material which is illegal, unlawful, improper or which violates or
infringes the rights of any third party.
5.2 You agree not to attempt to gain, or permit or allow actively
or inactively to permit any third party to attempt to gain,
unauthorised access to the PC2CALL Service or to use the PC2CALL
Service to access the internet.
5.3 You agree not to resell the PC2CALL Service and/or any part
thereof, nor to assign, licence or transfer Your rights in the
PC2CALL Service or in Your PC2CALL Credit.
5.4 You agree to indemnify Us against any claim or demand arising
out of, or due to, Your use of the PC2CALL Service.
6. Suspension and Termination
6.1 We may terminate this agreement or suspend the PC2CALL
Service, or any part thereof, at any time where We determine that
You are in breach of these TCs, have acted inconsistently with the
spirit of these TCs, have violated Our rights, or the rights of any
third party, where We suspect fraud or where We are obliged by any
lawful court, regulator or other authority to terminate this
agreement.
7. Refunds
7.1 We are under no obligation to provide You with a
refund.
7.2 Where You believe You should be refunded You must write to Us
at info@PC2CALL.com detailing the reasons why You believe You
should be refunded and providing any evidence You believe is
relevant to Your request.
7.3 We will consider any request for a refund on a case by case
basis and if we decide to refund You all, or part of the amount,
You claim, we will do so by providing you with PC2CALL Credit.
8. Miscellaneous
8.1 The Service is not designed to replace traditional telephony
but to operate in conjunction with such traditional telephony.
Accordingly You WILL NOT BE ABLE TO CALL certain numbers that You
call using traditional telephony INCLUDING THE EMERENCY SERVICES
and some international directory enquiries. Accordingly, We suggest
that You do not use the Service to call such numbers and You agree
that We will not be liable for the consequences of Your being
unable to call those numbers using the PC2CALL Service.
8.2 PC2CALL may transfer or assign its rights or obligations under
the agreement at any time. You are not permitted to transfer or
assign Your rights or obligations under the agreement at any
time.
8.3 This agreement is governed by the laws of England and Wales and
both You and We agree to be subject to the exclusive jurisdiction
of the courts of England and Wales unless You are resident in the
European Union in which case You and We agree to the non-exclusive
jurisdiction of the courts of England and Wales. Where We enter
into an agreement with you that is subject to these terms and
conditions, you agree that the language of this agreement is
English.
8.4 A finding that any provision of these TCs is, or has become,
invalid, illegal or unenforceable in any respect under applicable
law shall not affect or impair the validity, legality or
enforceability of any other provisions of these TCs.
8.5 Failure by any party, at any time, to enforce any of the terms
of this agreement shall neither be construed as a waiver of any
right or remedy nor shall in any way affect the validity of this
agreement, or any part thereof, and no waiver of a breach of this
agreement shall constitute a waiver of any subsequent breach.
8.6 The section headings in these TCs are for convenience only and
have no legal or contractual effect.
8.7 Nothing in these TCs confers, or is intended to benefit any
third party or to confer any right on any third party to enforce
any term of this agreement.
8.8 We may amend these TCs at any time. Any amendment to these TCs
that has a negative effect on You shall be notified to You and if
You do not accept the amendment You shall be entitled to terminate
this agreement.
Terms and Conditions of PC2CALL.com Website
Use of this site is provided by PC2CALL Limited subject to the
following Terms and Conditions:
This website is owned and operated by PC2CALL Limited ("We," "Us,"
"Our"), an English registered company with its registered address
at 58 Marsh Wall, London E14 9TP (Registration number 03944358) for
your personal viewing and use. Access and use by you of this
website indicates your agreement to these Terms and Conditions
Privacy
1. Any personal information you supply to Us when you use this
Web site will be used in accordance with this Privacy Policy
Intellectual Property Rights
2. All trademarks, copyright, database rights and other
intellectual property rights in the materials on this Web site (as
well as the organisation and layout of this Web site) together with
the underlying software code are owned either directly by Us or by
Our licensors.
3. Without Our prior written permission, you may not copy, modify,
alter, publish, broadcast, distribute, sell or transfer any
material on this Web site or the underlying software code whether
in whole or in part. However, the contents of this Web site may be
downloaded, printed or copied for your personal non-commercial
use.
Authorised Use of Website
The User warrants that in its use of the Web Site it
shall:
(a) use the Web Site only for lawful purposes, and in a manner
which does not infringe the rights of, or restrict or inhibit the
use of the Web Site by any third party;
(b) not engage in any conduct which is unlawful;
(c) not interfere electronically or manually with the operation or
functionality of this Web site
(d) deface, alter or interfere with the appearance of this Web site
or the underlying software code;
(e) not upload, post, transmit or distribute any material or
information which contains a computer virus, or other code, files
or programs intended or having for effect to disrupt or otherwise
adversely affect the operation of the Web Site or of other Users'
computer systems. We are entitled to remove any material or
restrict or terminate your access to the Web Site in the event that
any of the above warranties are breached.
Limitation Of Liability
4. In no event will We be liable for any direct, indirect,
special or consequential losses or damages of whatsoever kind
arising out of access to, or the use of this Web site or any
information contained in it, including loss of profit and the like
whether or not in the contemplation of the parties, whether based
on breach of contract, tort (including negligence), product
liability or otherwise, even if advised of the possibility of such
damages.
5. Nothing in these Terms and Conditions shall exclude or limit Our
liability for death or personal injury caused by negligence.
Changes
6. We may make changes to this website at any time without
notice. We may also modify these Terms and Conditions at any time,
and such modification shall be effective immediately upon posting
of the modified Terms and Conditions on this Web site.
7. By continuing to use this Web site, you are deemed to accept the
changes and/or the modified Terms and Conditions.
Miscellaneous
8. A finding that any provision of these Terms and Conditions
is, or has become, invalid, illegal or unenforceable in any respect
under applicable law shall not affect or impair the validity,
legality or enforceability of any other provisions of these Terms
and Conditions.
9. The section headings in these Terms and Conditions are for
convenience only and have no legal or contractual effect.
10. Nothing in these Terms and Conditions confers, or is intended
to benefit any third party or to confer any right on any third
party to enforce any term of this agreement.
11. These terms and conditions are subject to the laws of England
and Wales and the exclusive jurisdiction, excepting other member
states of the EU, of the courts of England and Wales.
Termination
12. If you do not accept these terms and conditions in full, you
do not have permission to access the Contents of the Web Site and
therefore should cease using the Web Site immediately.
13. We reserve the right to terminate the provision of the web site
or restrict your access to the web site without any prior notice to
you for any reason whatsoever, including where we consider that you
are acting in breach of the Terms.