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Terms & Conditions of Use
The use of the Internet Telephone services and the software are subject to the following terms and conditions. The Internet Telephone service is operated by, and you are contracting with,
Telkey Communications Limited,
Website: http://www.telkeys.net 1 - The service The services will be supplied in accordance with these terms and the service descriptions on our websites from time to time. Telkey cannot guarantee that the service will be uninterrupted or free of faults. We grant you a non-exclusive, non-transferable license to use the software that you need to use the service. Upgrades to such software will be made available from time to time. At times we may need to suspend the services to correct a fault or for maintenance purposes. If this happens we will restore the service to you as quickly as reasonably possible. 2 - Your responsibility You agree that you will not use the services for any unlawful purposes such as making any offensive, indecent or hoax telephone calls or allowing other persons to do so or using the services fraudulently or in connection with a criminal offence. You will comply with all reasonable instructions provided by us in relation to the services and will fully indemnify us against any expenses, liabilities, losses, costs (including legal costs), action, claims, damages or liabilities howsoever incurred by us as a result of your breach of this agreement. You will not falsify or use the services to transmit or intercept any voice, data or e-mail messages or use the service to in any way cause detriment or harm to any communication system. 3 - Payment The service and handsets are only supplied entirely pre-paid. To purchase call credit and top up your account or to purchase a Computer telephone handset on this website you must use a credit or debit card from VISA or MasterCard. When you purchase initial call time and subsequent top ups we will debit your card with the sum you request and credit your call credit account. All calls and services will be charged against your call account. Charges for calls that you make on the VOIP service are calculated in accordance with our standard rates in force from time to time and as displayed on this website. We reserve the right to change our rates or the way billing is calculated at any time. Records of the calls you have made are shown on your on-screen dialer. 4 - Termination Either we or you may end this agreement by providing the other with 30 days prior written notice. We may elect to terminate or suspend this agreement immediately without prior notice if you breach any of the terms and conditions of this agreement. We may suspend the service if we suspect that any fraudulent use is being made of it. We will not accept any request for a refund. 5 - Limitation of liability We will not be liable to you either in contract or tort (including negligence) or otherwise for any damage, cost or expense, loss of or corruption of data, loss of profits or production, loss of operational time, goodwill, contracts or anticipated savings or any indirect or consequential loss caused by the interruption, delay, suspension, non-delivery, packet loss caused by the interruption of the services the downloading or use of the software or any event beyond our control including the act of any network operator or third party. We expressly exclude any warranty as to the suitability, quality or reliability of the services or the software that they will be fit or suitable for your purposes. Subject to the limitations in this agreement our total liability to you shall be limited to the unused credit on your pre paid card account with us at any time. You agree that the limitation of liability in this agreement is appropriate given the charges for the services. These limitations do not restrict or limit your rights as a consumer. 6 - Other information We shall not be liable to You for the loss of the services caused by an event beyond our reasonable control including but not limited to any fault in or suspension of the network of any third party, any act of God, lightning damage, fire, power failure, or loss or theft of pre paid calling card or information thereon or any loss or change to or loss of telecommunications equipment or any act of any authority or third party. Except in the case of fraud, this Agreement is the complete and exclusive statement of the Agreement between the parties relating to the subject matter of this Agreement, which supersedes all previous communications, agreements and other arrangements written or oral. This agreement shall be governed by English law and be subject to the exclusive jurisdiction of the English courts. If a court of competent jurisdiction holds any part of this agreement as unenforceable then the rest of the agreement shall remain in force to the maximum extent permissible by law. 7 - Privacy Statement We respect the privacy of every individual who uses our service. This statement describes the information which we may ask you for, and the ways in which we may use that information. It also tells you how you can check that information about you which we keep is accurate and how you can instruct us to erase this information from our files. We may ask you for information about yourself. We won't collect any personally identifying information about you without your consent. In cases where we ask you for information about yourself in connection with certain promotions (for example, where we are offering prizes or free product samples), if you do not provide such information you may be unable to participate in those promotions. 8 - Our use of this information From time to time we may use the information you give us for marketing purposes (for example to develop or promote complementary goods and services) and we may share information you give us with other companies where necessary to facilitate the provision of our services, or in the event of the sale, proposed sale or change of ownership of the company. We are continually developing goods and services on the basis of information and feedback that we receive from users of our service. We may at times send you some information about the service or goods and services we offer and may make your personally identifiable information available to selected third parties for our and their marketing purposes. From time to time we may transfer your personally identifiable information to countries outside the UK which do not have laws to protect that information. Details of those countries will be provided on request. Such a transfer may occur for technical, commercial or financial reasons or for the purpose of marketing as detailed above. Submission by you of your personally identifiable information on the registration form constitutes your consent to such transfers. Other than as required by law, or as set out in this privacy statement, we won't disclose information about you to any third party without your permission. 9 - Security We will take reasonable precautions to prevent the loss, misuse or alteration of information you give us. Our agents, contractors or business partners who have access to information which you give us are required to keep that information confidential and are not permitted to use it for any purpose other than that referred to in this statement. If you have given us personally identifiable information about yourself and would like copies of that information, or if you would like us to correct any factual inaccuracies in that information, or if you would like that information deleted from our records, then please contact us in writing at: Data Protection, Telkey Communications Limited, Weliveheretoo, Les Gigands, St Sampson, Guernsey, Channel Islands, GY2 4YU We will use our reasonable efforts to supply, correct or delete information about you on our files and may charge you a small administrative fee for supplying copies of such information. 10 - Other information From time to time, we may collect information about you which doesn't identify you personally. This type of information might include, for example, the type of internet browser or computer operating system you are using and the domain name of the website from which you are using our services. When you use our services or one of our advertisements, we may store some information on your computer. This information will be in the form of a "cookie" or similar file, and will help us to tailor our website or advertisements to match your interests and preferences better. Most Internet browsers enable you to erase cookies or receive a warning before a cookie is stored. Please refer to your browser instructions or help screen to learn more about these functions.
SCHEDULE : TELKEY COMMUNICATIONS-PREMIUM : ADDITIONAL TERMS & CONDITIONS I. Description of the TELKEY COMMUNICATIONS-PREMIUM SERVICE TELKEY COMMUNICATIONS-PREMIUM provides users of its VOIP Service with a secure financial platform through which registered customers ("ACCOUNT HOLDERS") are able to facilitate "quasi cash" financial transactions relating to the purchase of combinations of premium rate telephony services, goods and services from affiliated providers ('merchants') in the following way: 1. Telkey Communications Limited (trading as 'TELKEY COMMUNICATIONS') will open a TELKEY COMMUNICATIONS Premium Account ("CALL ACCOUNT") subject to completion by the Account Holder of the required online registration details and such other information as TELKEY COMMUNICATIONS may require for compliance purposes. 2. When you apply for a TELKEY COMMUNICATIONS Premium Account or submit your registration details through an affiliated merchant you expressly authorise TELKEY COMMUNICATIONS to upload such personally identifiable information about yourself as we may require from the merchant in order to complete the opening procedures for the Call Account. 3. It is a condition of opening and maintaining a Call Account under the TELKEY COMMUNICATIONS-Premium service that the Account Holder has supplied TELKEY COMMUNICATIONS with full details of the Account Holder's valid credit card (Visa or MasterCard) account (the "REGISTERED CARD") and that the Account Holder ensures that such registered card (or a replacement notified to TELKEY COMMUNICATIONS via the secure 'account information' section of our website) remains valid at all times. When you confirm via our website an instruction to add funds to your Call Account using the "Top-up Loading" link on the TELKEY COMMUNICATIONS (or affiliated merchant) website, by clicking the "confirm Top-up" button you irrevocably authorise TELKEY COMMUNICATIONS to effect a valid transfer of funds from the Registered Card belonging to the Account Holder's Call Account. This transaction is deemed to be equivalent to an ATM cash withdrawal, is non refundable (you may not chargeback this transaction) and you may be charged a service fee from your credit card issuing bank. 4. TELKEY COMMUNICATIONS will only load funds authorised electronically by Visa and MasterCard and we may take additional steps to verify the identity of the credit card holder. These include but are not limited to Verified by Visa, Master Card Secure Code, Verify Me and various credit checking agencies. 5. Electronic notification of card loading occurs immediately after the Registered Card is authorised and via email to the Account Holder's registered email address. 6. Should an Account Holder have insufficient funds on his Call Account to pay for premium calls and/or connected goods or services he may elect to authorise TELKEY COMMUNICATIONS to automatically load his Call Account by means of his Registered Card up to the amount required to make the purchase. This feature is known as "Auto Top-up" and operates in all respects in accordance with the terms of section 3 above. 7. Once a Top-up is made it is normally non-reversible and non-refundable. However, if your card shows a double charge, or was charged by mistake or without your authorization, we will consider your claim and if a valid case is presented, we will refund your purchase. In the case you acknowledged the charge but want to cancel the transaction and request a refund, please send an e-mail to:- helpdesk@telkeys.net. II. Responsibilities of Account Holders To use Top-up you must be registered and have a valid TELKEY COMMUNICATIONS Premium Call Account. You must also read and agree to the terms and conditions of this agreement. The terms and conditions of this agreement are: 1. You must provide TELKEY COMMUNICATIONS with valid and accurate information. You must be at least 18 years of age. TELKEY COMMUNICATIONS reserves the right not to load duplicate accounts or any account containing untruthful information. 2. When you provide credit card information, you agree that we may charge your credit card for a Top-up to fund purchases initiated by you for amounts above your then-current Call Account balance. 3. You are fully responsible for any calls (premium rate or otherwise) made through, goods bought from or any services provided by other parties and settled through the TELKEY COMMUNICATIONS Premium Call Account system. You agree that a Top-up made to your Call Account (whether or not you then elect to make a call or buy connected goods or services from another merchant) is final and not reversible. Any disputes that arise between the Card Holder and merchants relating to payments made or any other transactions between individuals are not the responsibility of TELKEY COMMUNICATIONS. 4. You agree that all payments initiated by you in which charges are made to your credit card are final and not reversible. You agree that you will not charge back any amounts previously charged to your credit card by TELKEY COMMUNICATIONS. If you charge back a credit card charge for a payment initiated by you, you agree that TELKEY COMMUNICATIONS may recover the amount of the charge-back by either reducing your Call Account balance or re-charging your credit card for the amount of the charge-back. 5. If you initiate a charge-back of a previous credit card charge, your Call Account may be terminated. 6. If you use, or attempt to use the Top-up service for other purposes including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of TELKEY COMMUNICATIONS, your Call Account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available. 7. You agree to indemnify and hold TELKEY COMMUNICATIONS, its affiliates, officers, directors and employees harmless from any claim or demand whatsoever relating to or arising out of the Top-up service. 8. You acknowledge that when speaking to customer service agents at TELKEY COMMUNICATIONS, your call is monitored and/or recorded for quality and security. 9. You acknowledge that for fraud and security purposes your records are kept by TELKEY COMMUNICATIONS even after your account is closed. These records are stored securely and kept confidential. 10. You acknowledge that for identity verification purposes, the following information may be provided to Merchants to which you transfer funds from your TELKEY COMMUNICATIONS Premium Call Account: Name, Account Number, Jurisdiction, Email Address, and/or IP Number. 11. Customers are reminded to print out all transaction data, the Terms of Use and Privacy Policy in order to avoid misconceptions at a later time. 12. Customers are reminded to print a copy of all transaction data and the Terms and Conditions for future reference. III. Responsibilities of TELKEY COMMUNICATIONS 1. TELKEY COMMUNICATIONS reserves the right to verify any of the information you provide. 2. TELKEY COMMUNICATIONS shall make reasonable efforts to ensure that requests for electronic credits processed in a timely manner. However, a number of factors, several of which are outside of our control, will contribute to when the funds are received. We make no representations or warranties regarding the amount of time needed to complete processing, such as delays in the banking system or card authorisation service, nor shall we be liable for any actual or consequential damages arising from any claim of delay. 3. TELKEY COMMUNICATIONS shall not be responsible for the privacy practices or the content of third party referrals or web site links. 4. TELKEY COMMUNICATIONS shall not be liable for any damages of any kind arising out of or in connection with this agreement, the TELKEY COMMUNICATIONS web site, or TELKEY COMMUNICATIONS Premium Top-up service. 5. TELKEY COMMUNICATIONS reserves the right to hold funds beyond the normal distribution periods for transactions it deems suspicious. 6. TELKEY COMMUNICATIONS, in its sole discretion, may terminate this Agreement, access to its web site, or access to the service without notice for any reason and at any time. Furthermore TELKEY COMMUNICATIONS, in its sole discretion, reserves the right to restrict or terminate an account for any one of the events listed below:
IV. Liability and Error Resolution 1. You are responsible for keeping your password and login information safe and confidential. You should not share this information with anyone, nor should you allow this information to be accessible by anyone. If your password and/or login information is used by an unauthorized person, you may be liable for any misuse, damages, or loss incurred. 2. In case of errors or questions about your transactions, you should notify the relevant Merchant in the first instance through application messaging or e-mail. V. Consumer Liability and Error Resolution In case of unauthorized transactions, payment problems, errors or questions about your account, you should notify the relevant Merchant by e-mail. This Agreement is subject to change at any time without notice. |
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