"Agreement" - the agreement between you and us which includes these terms and conditions.
"Call Rates" - the call rates shown in the price list on the POL website.
"Econet" –Econet Wireless UK Limited, a company registered in England and Wales (registered number 7280165) whose registered office is at 200 The Strand, London WC2R 1DJ
"Party" – you, Econet and us.
"POL" - Post Office Limited, a company registered in England and Wales (registered number 2154540) whose registered office is at 148 Old Street, London EC1V 9HQ.
"Services" - telecommunications services provided by us pursuant to this Agreement.
"we" or "us" - Moresby Lda, a company duly organised under the laws of Madeira, Portugal (registered number 509785921) whose registered office is at Avenida do Infante 50, 9004 – 521 Funchal, Portugal.
"Website" – www.postoffice.co.uk/international-phonecards.
"Working Day" - a day, other than a Saturday or Sunday or national public holiday in England and Wales.
"you" or "your"- the person who has requested the Services.
2. Scope of the Agreement
The Phonecard is sold by POL as agent for Econet.
Your use of the Phonecard and the Services is subject to this Agreement as may be amended by us from time to time.
Changes will be posted on the Website. You agree that if you use the Phonecard and/or the Services after any amendments have been posted on the Website you are bound by this Agreement as amended.
3. Conditions for use of the Phonecard and the Services
Econet reserve the right to refuse any orders for a Phonecard placed by you on the Website. Your receipt of an electronic or other form of order confirmation does not signify Econet’s acceptance of your order, nor does it constitute confirmation of an offer to sell. Econet reserve the right at any time after receipt of your order to accept or decline your order for any reason. Econet reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity or value of Phonecard(s) you have ordered.
Іn any calendar month you will not be able to purchase Phonecards to the value of more than the maximum order amount published on the Website.The Phonecard is valid for the following periods after first use:-
a) £5 card 60 days;
b) £10 card 60 days; and
c) £20 card 90 days.
After a Phonecard expires any remaining credit is lost.
You agree that our records are conclusive evidence of your use of the Services and the Call Rates and other fees payable under the Agreement.
The Phonecard is valid for use in the UK only.
We reserve the right to terminate fraudulent calls or cancel the Phonecard where there is evidence of fraud. We will not be liable to you for the cost of fraudulent use of the Phonecard or the Services. We will use our reasonable endeavours to minimise any loss to you caused by that fraud.
You may cancel this Agreement in respect of a Phonecard purchased on-line within 7 Working Days of purchase of that Phonecard, provided that you have not used any Services in respect of that Phonecard. We will refund the amount of that Phonecard in the manner in which the Payment was made. Any other refunds are at our discretion.
4. Call Rates and accuracy of information on the Website
All attempts will be made to ensure that the information available on the Website at any one time is accurate. However, some of this information may be out of date. As an example, Call Rates for using Phonecards may be varied by the relevant service providers at their discretion and at any time. The information on the Website relating to the Phonecards and the Services will be monitored on an ongoing basis and updated. We suggest that if you want the latest Call Rates, you check these on the Website or you call the customer services number below before placing your order.
The Phonecard is not valid for calls from users of the BT Light Scheme or to premium rate numbers and some non-geographic numbers (e.g. 090, 087 and some 084 numbers).
Charges for calls will be calculated by rounding up the time of each call to the nearest whole minute.
5. The Services
We will use our reasonable endeavours to ensure that the Services are available to you. However, if we are unable to provide the Services to you, we will not be responsible for any call charges made through another carrier nor will we be liable for any additional charges or damages suffered by you.
You agree that we cannot guarantee connection, including for reasons beyond our control, such as acts of God, severe weather, industrial disputes, power failure, war, terrorism, network capacity, failure of the carrier telecommunications system or government action.
We will not be liable for any use of the Services prohibited by, or other than in accordance with, this Agreement.
You agree that we are not responsible for providing or maintaining equipment required to access the Services, nor are we responsible for any fault on your telephone line.
You agree that from time to time the Services may be suspended for reasons including (but not limited to) maintenance or faultfinding and no compensation will be payable in respect of such suspension. We will endeavour to keep such incidents to the minimum.
6. Your obligations
You agree and undertake:-
a) to comply with the Communications Act 2003, any regulations made under that legislation, and legislation and regulations implementing the Electronic Commerce Directive (Directive 2000/31/EC) and any other applicable law or regulation, as those instruments are amended from time to time; b) not to use the Phonecard or the Services in any way or for any purpose prohibited by law or regulation or in an improper or offensive manner; and c) to indemnify us against all liabilities, claims, damages, losses and expenses arising from any breach by you of the Agreement.
You must ensure that you provide Econet with a correct and functioning email address (for pins that are emailed to you) and that this email address is able to accept emails from Econet and POL. At your request (by email, or by fax/phone) Econet will resend the same email to you at the same email address. Econet may ask for information that helps us identify you as the originator of the order.
In any communications with Econet or us you undertake that all the details you provide to us are correct, that the credit or debit card you are using is your own and there are sufficient funds to cover the cost of any purchases that you make.
An email order is deemed ‘completed’ once it has left Econet’s premises. This will normally be emailed to the ‘Delivery email address’ given for email orders.Occurrences whereby an order is not received may include an:-
a) email address such as yahoo or hotmail that is full;
b) email account that has 'blocked' email from us or POL; and
c) email address that is inactive.
In such circumstance we can resend your order to another email address upon request, however no refunds are given.
7. Your details and personal information
The POL website terms and conditions, available here will apply in relation to the use of your personal information.
Nothing in this Agreement shall exclude or in any way limit either Parties’ liability for fraud, or for death or personal injury caused by its negligence, or any other liability to the extent such liability may not be excluded or limited as a matter of law.
Subject to the provision above:-
a) no Party shall be liable to any other in contract, tort or otherwise for any loss of business, contracts, anticipated savings or profits or for any other indirect or consequential lossCompensation for any financial consequences of damage or loss. whatsoever in connection with the Agreement;
b) Econet and our maximum liability to you in relation to any claim made under or in connection with this Agreement, shall be limited to the purchase price paid by you for your use of the Phonecard and the Services to which this Agreement relates; and
c) Econet give no warranties in respect of the Phonecard or the Services and to the extent permitted by applicable law exclude all warranties, express or implied.
If any term or provision of this Agreement or part of it is held invalid or unenforceable, it shall be deemed omitted or omitted to the extent necessary to render it valid and enforceable and the remainder of the Agreement shall remain unaffected and in full force and effect.
This Agreement represents the entire understanding between the Parties in relation to the subject matter hereof and supersedes all other agreements made between them whether written or oral.
No waiver of any provision of this Agreement shall be deemed to be a further or continuing waiver of any provision of this Agreement.
This Agreement may not be assigned by you, either in whole or part, without our prior written consent, such consent not to be unreasonably withheld. We may assign this Agreement at any time.
Termination of this Agreement for any reason shall not affect such of the provisions hereof as are expressed to operate or have effect thereafter.
This Agreement is governed by the laws of England and Wales and both Parties agree to the exclusive jurisdiction of the courts of England and Wales.
10. Queries and complaints
Should you have any complaint or query about the Services you may phone our Customer Services on 0845Local call rates apply. Call costs may vary depending on your service provider. Calls may be monitored or recorded for training and compliance purposes. 609 1180 or write to us at: Moresby Lda, Avenida do Infante 50, 9004 – 521 Funchal, Portugal or write to Econet Mobile wireless UK Ltd, 319-325 Euston Road, London, NW1 3AD.
You may also refer any complaints regarding the Services to the Office of the Telecommunications Ombudsman. For details please see www.ombudsman-services.org/communications.html.