TERMS AND CONDITIONS FOR JUST DIAL INSTANT AND TOPUP2TALK
This document sets out the terms on which New Call Telecom Limited (“New Call“, “us“, “we“) will provide Just-Dial Instant (“Calling from a landline”) and/or Topup2talk (“Calling from a mobile”) and/or Just-Dial Unlimited (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.
Just-Dial Instant (“Calling from a Landline”)
1.1. You can use Just-Dial Instant by dialling the applicable access number (the “Access Numbers“) as detailed by us at www.pocketdial.com and then dialling your international number (including the “00” prefix).
Topup2talk (“Calling from a Mobile”)
1.2 You can access the Topup2talk service (the “Pre Paid Calling Services“) as follows:
1.2.1. From a mobile, by texting “keyword” advertised to the relevant shortcode (a premium rate text message number) as detailed by us at www.pocketdial.com. An access number and PIN will then 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 bill in 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 the applicable premium rate number (the “Premium Rate Number“) as detailed by us at www.pocketdial.com. 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. You can use your calling credit by dialling the access number provided to you and entering the international destination telephone number that you wish to call.
1.2.4. If there has been no activity on your account for a period of 90 (ninety) days (i.e. calls or top ups) any applicable unused call credit will expire and you shall lose any entitlement to use that credit for the Pre Paid Calling Services.
1.2.5. 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. Please see www.pocketdial.com or call 0844 552 8575 for details. You may be charged for orders that you make to Premium Rate Numbers in relation to your Pre Paid Calling Services and such charges may vary depending on your network services provider. Where you have reached such a limit and attempt to order any subsequent Pre Paid Calling Services of the same type, you will receive a text message (at no cost to yourself) informing you that you have reached your daily limit and therefore cannot use the Pre Paid Calling Services for the remainder of the day. In these circumstances, you will not incur any SMS Charges for that Pre Paid Calling Card Service order. You may still incur standard SMS charges from your network provider.
1.3 You can use Just-Dial Unlimited (“Subscription Call Package”) from a mobile phone (other than those on the Virgin Mobile network) by texting the applicable “keyword” to the relevant text shortcode (the “Request SMS”), each as advertised by us and then following the instructions thereafter to receive a premium rate text message (“Premium SMS”) and activate the service. The cost of the Requests SMS will be charged at your network provider’s standard rate. The cost of receiving the Premium SMS is currently £10 and will be charged to you by your network provider and added to your network provider bill.
1.4 Following receipt of the Premium SMS referred to above and subject to clause 1.5 below, calls made (i) to landlines and certain mobile operators (excluding premium, indirect and other numbers) in countries included in the package as detailed on our website and (ii) from the SIM card which received the Premium SMS, will not incur a charge for a period of thirty (30) days. For a list of the countries which are included in the package click here.
1.5 Calls made as part of the Just-Dial Unlimited will have a maximum duration of sixty (60) minutes. Following expiry of sixty (60) minutes your call will be terminated. To continue your call – simply redial. From 1st September 2011 No more than three (3) hours of calls per day is permitted. Calls attempted beyond three (3) hours in a single day will be barred until the next day.
1.6 Unless you send a text message with the word “STOP” in it to the relevant shortcode detailed by us at www.pocketdial.com (a “Stop Notice”) you will be sent an auto-renewal Premium SMS (the “Renewal SMS”) on the thirtieth day after receipt of the original Premium SMS. After sending a Stop Notice you can continue to use your package until the end of the relevant period. Stop Notices will be charges at your network provider’s standard rates.
1.7 To prevent a Renewal SMS being sent we must receive your Stop Notice no later than midnight on the twenty ninth day after you received the original Premium SMS. Stop Notices received after this time will be applied in relation to the following Renewal SMS.
1.8 Your Renewal SMS will activate upon the expiry of the current package. We will continue to send Renewal SMSs on a thirty (30) day frequency until we receive a Stop Notice.
1.9. 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, see our FAQs at www.pocketdial.com or contact your landline or mobile provider for additional detail.
1.10. 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.pocketdial.com.
1.11. The Services are subject to availability. All relevant costs in relation to your use of the Services are disclosed and can be accessed at www.pocketdial.com.
1.12. Should you require customer service, please contact our customer service team via our Contact Us page on www.pocketdial.com or by telephone on 0844 552 8575.
1.13. 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.
1.14. 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 or Just-Dial Unlimited, within 7 days of purchase of the applicable Pre Paid Calling Service or Just-Dial Unlimited. You can do so by contacting us by email via the Contact Us link on the www.pocketdial.com home page or calling us on 0844 552 8575.
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.pocketdial.com;
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.pocketdial.com;
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.pocketdial.com; and
3.3.4. The charges for the Just-Dial Unlimited from time to time by publication of such amended charges at www.pocketdial.com
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 £100, regardless of the cause or form of action. Your statutory rights are unaffected.
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
6.2. 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.
7. Use of personal information
7.1. We respect your personal information and undertake to comply with applicable Data Protection legislation in place from time to time.
7.2. We may hold information that you provide to us (such as your telephone number when you use one of our Services) or that we may obtain from another source (such as our suppliers, or marketing organisations). This information (“Your Information“) may include your name, address, date of birth, gender, telephone numbers, email address, and details of how you use our products and services which may include the numbers you call, the type, date, time, location, duration, cost of calls, and information about your browsing activities when visiting one of our web, WAP or similar sites together with general information about the way you use our Services. We may share Your Information with companies within New Call Telecom Limited group of companies (“New Call Telecom“) and any company or other entity in which New Call Telecom owns (directly or indirectly) more than 15% of the issued share capital for the purposes described in these terms and conditions (including, without limitation, its fixed line telephony and insurance companies); and in the event that we undergo re-organisation or are sold to a third party, you agree that Your Information may be transferred to that re-organised entity or third party for the purposes of and subject to the terms of this Agreement.
7.3. 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:
7.3.1. Processing your orders; disclosing your data to network carriers to provide you with our Services; dealing with requests, enquiries or complaints and other customer care related activities; and legal actions and all other general administrative and business purposes;
7.3.2. Carrying out market and product analysis of Your Information to conduct customer surveys, to develop and improve and, where you have purchased a Pre Paid Calling Service, Just-Dial Unlimited or you have supplied your contact details specifically for these purposes, to tell you about our products and services, new developments, special offers, discounts and awards which we believe may be of personal interest to you. Where you have purchased a Pre Paid Calling Service or Just-Dial Unlimited, we may tell you by automated means or otherwise, including by mobile text message, unless you indicate otherwise to us by sending us an SMS to 83006, 80041 or 80550 with the wording STOP. The message must be sent from the mobile phone through which you purchased the Pre Paid Calling Service. You can do so either when you first enter into this Agreement with us of at any time subsequently;
7.3.3. Passing on data to organisations we use to help us conduct customer surveys;
7.3.4. Carrying out any activity or disclosure in connection with a legal, governmental, national security or regulatory requirement on us or TalkTalk Group 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
7.3.5. 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.
7.4. You agree to the disclosure by us of the following information to any telecommunications company necessary to provide our Services, fraud monitoring scheme or security agency:
7.4.1. Any information which is covered by our registration under the Data Protection Act 1998 as amended from time to time; and
7.4.2. Any information which we are required by an order of any court of competent jurisdiction or by statutory authority to disclose.
7.5. Your Information may be transferred outside the European Union to that country. Our web, WAP and similar sites may also be based on servers located outside of the European Union. Please note that the data protection and other laws of countries outside the European Union may not protect you as well as those within the European Union.
7.6. It may also be necessary for us to carry out anti-fraud and identity checks on you to help decide whether to accept your application or future applications, to verify your identity and to protect our legitimate interests. Any information obtained in such checks may be used by third parties for crime and fraud detection and prevention.
7.7. We will keep information for as long as is necessary to provide Services you have asked for and until charges for the Service cannot be lawfully challenged.
7.8. We may also use technology to detect and prevent fraud and where we suspect fraudulent use or attempted fraudulent use of our Services, and in this respect information may also be recorded.
7.9. If you give us information on behalf of someone else, including but not limited through the use of a third party’s telephone line to use the Pre Paid Calling Service or Just-Dial Unlimited, you confirm that you have given them the information set out in this Agreement, and that they have not objected to their personal information being used in the way described in it.
7.10. A comprehensive description of how we use personal information is publicly available from the Information Commissioner – please see www.dataprotection.gov.uk.
7.11. If you would like us to tell you what information we hold about you, please write to: The Data Controller, New Call Telecom Limited, 6 Snow Hill, London, EC1A 2AY. We may charge a £10.00 administration fee; please quote the telephone number through which you have accessed the Services on all such requests. You can also contact us to correct or update any inaccurate or incomplete information.
7.12. If you do not wish your details to be used for the purposes described in Clause 7.3.2, please write to The Data Controller at the above address stating your full name, address, and Mobile Phone number.
7.13. Subject to your rights of objection set out in this Clause 7, you agree that you consent to us 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.
7.14. 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.
7.15. 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.
7.16. We may monitor and record our 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.
Subject to the provisions of Clause 3.3, 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 Services 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 (i) cease all use of the Services; and (ii) where you have purchased Pre Paid Calling Services, to contact us no later than one working day after expiry of the Notice Period to cancel your Pre Paid Calling Service. Where this happens, you shall only be entitled to a refund of the unused portion of your Pre Paid Calling Service. Your continued use of the Services after the expiry of the Notice Period constitutes an agreement by you to abide by and be bound by the Changes.
9. Invalidity and inconsistency
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 Services or within our website conflicts with these terms and conditions, then these terms and conditions will prevail to the extent of such inconsistency.
10.1. There may well be occasions when you are unhappy with the Services that we provided to you. In these cases, we will endeavour to be fair and efficient in handling any complaint you should have and to process your complaint confidentially.
10.2. If you have a complaint, please send us a letter to Just Dial Department, New Call Telecom Limited, 6 Snow Hill, London, EC1A 2AY.
10.3. We will endeavour to give you an answer within 5 working days and will provide you with a likely timescale for resolving the dispute. We will keep you informed about the progress of your complaint.
10.4. In the event that we are unable to resolve your complaint or if you require further information, you may contact the Telecommunications Ombudsman, further details of which can be found at www.otelo.org.uk. Your complaint will be dealt with under New Call Telecom’s membership of Otelo and you should quote this in all correspondence with Otelo.
If we need to provide you with notice, this will be done via our website. You should therefore look at our website on a regular basis. In the event that you have purchased one of our Pre Paid Calling Services or Just-Dial Unlimited via a mobile phone, we may also give you notice by sending an SMS message to the mobile phone through which you purchased the Pre Paid Calling Service or in the event that you have made your mobile phone number available to us in respect of any of the services. You may give us notice in writing, by sending a letter to Just Dial Department, New Call Telecom Limited, 6 Snow Hill, London, EC1A 2AY.
12.1. You cannot transfer or try to transfer any rights or obligations under these Conditions of Service to anyone else unless we agree in writing.
12.2. We reserve the right to assign or subcontract any of our rights or obligations under this Agreement.
12.3. Except in the case of any permitted assignment of this Agreement under Clause 12.2, 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.
12.4. 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.
13. Governing law
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.
14. Entire agreement and relationship
The Services are provided by New Call Telecom Limited, a company registered in England and Wales under the number 7298834 with registered office located at c/o Collards, 2 High Street, Kingston upon Thames, Surrey, KT1 1EY.