FiCall Home . Terms and Conditions

FiCall Terms and Conditions

Introduction

Welcome to the website of FiCall. These are the general terms and conditions governing your access and use of the content and services offered to you on this internet site (“Site”)( whether accessed by you on the web, by WAP or on PDA)
(Collectively, the “Service(s)”).

This Site and the Services are operated by FiCall whose registered under Company Number: 07055319

Any referance to ‘we’ or ‘us’ or ‘our’ refers to FiCall. Any referance to ‘you’ or ‘your’ refers to you the user of the Service.

READ THESE TERMS CAREFULLY

Your use and / or access of the Service indicates that you understand and accept that you are bound to the current terms and conditions. Your use or access of the Services and any information provided by us as part of or via the Service is subject to these terms, which FiCall may change from time to time. You should therefore visit this page each time you use any of the Services provided to review the terms and conditions as they are binding on you.

We suggest that you print out and keep a copy of these terms and conditions for your records.

Products and Services Offered by FiCall on the Site

FiCall offers certain services on its site. When you purchase a Service from FiCall through the Site, in addition to these Terms and Conditions you also agree to accept and abide by the specific conditions applicable to your purchase and use of that Service.

Where a third-party website or service is used forming part of the Service then you may also be contracting directly with such Service Provider (“Provider”) and your access and use of that service may be subject to additional terms and conditions.

Links to Other Sites

The Site contains links to third party websites. These links are provided solely as a convenience to you and are not an endorsement by FiCall of the contents of such third party websites. You accept that we are unable to exercise control over the security or subject matter of third party content transmitted or accessible via the Service.

FiCall is not responsible for the content of the linked third-party sites and does not make any representations regarding the content or accuracy on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.

FiCall does not accept any liability for any loss or damage resulting from the use of third parties websites including but not limited to receipt of any messages, pictures, video clips or other communications from any third parties.

Contacting Us

If you have any queries or problems or wish to make a complaint concerning the Site or its Service, please click on Support in the Site. You can also write to FiCall Customer Support, Suite B, and 29 Harley Street, London, W1G 9QR.

Monitoring or recording of your communications may take place in accordance with the law and in particular for quality control and training, to prevent unauthorised use of the Site or its Services and in order to prevent or detect crime.

Distance selling requirements

You agree that the provision of the Services or Material will start as soon as you have completed any necessary registration requirements and you acknowledge that you cannot have recourse to the Consumer Protection (Contracts completed by Distance Communications ) Regulations 2000 to cancel such Material and /or Services once it has been delivered to you.

This paragraph sets out the terms required pursuant to the Consumer Protection Regulations 2000 and the Electronic Commerce (EC Directive) Regulations 2002

Identity. The supplier of any item purchased pursuant to these Terms is : FiCall , London. Company number : 07055319
Description of Goods. The Materials and Services provided are sold or provided pursuant to these Terms and comprise items either selected from and available on our Site or created by us to your order.
Price. The price of items purchased via the Site shall be the price advertised on the Site at the time of purchase or in any additional terms and conditions and shall include delivery costs.
Delivery Costs. All items viewed or purchased using WAP will incur a ‘WAP over GPRS’ delivery charge at the rate described in your tariff, plus roaming charges if applicable.
Price Validity. The price of any Material or Service is fixed at date of purchase. Future purchases shall be subject to prices prevailing at that time.
Duration of Contract. The right and licence to use an item sold pursuant to these Terms is perpetual, non- exclusive and irrevocable but limited to use on the mobile phone number to which the item is initially transmitted and the other limitations set out in these Terms .
Availability of Terms. The current Terms are available of the Site for so long as the Service is available (subject to any temporary or unavoidable disruptions to availability of the Site).
Language. This contract can only be concluded in English Language.

Confidentiality and accuracy of Account Information and PIN

You agree to provide true, accurate, current and complete information in all fields indicated as compulsory when registering for the Service. Following registration you will be issued with a password to access the Service.

If you use this Site, you are responsible for maintaining the confidentiality of your account and PIN, and you accept full responsibility for all activities that occur under your account or PIN, whether authorised or not. Your account is to be used by a single user only and you will not allow simultaneous access using your password. FiCall is not responsible for lost or stolen ’recharge’ cards or PINs or unauthorised use thereof.

In the event that your password becomes known to any unauthorised user you will immediately notify us of such failure or error.

My Account

The ‘My Account’ service on the Site will enable you to review the services that you have registered for, register for new services and update your personal details. There is no additional charge for this service.

Payments and Charges

Where our Services require payment by you, the following applies:

All amounts payable by you, as indicated in our ‘ price and packages’ and ‘our published rates table’ for international calls and SMS on the Site, shall be paid in full and in US Dollars without any deductions or set-offs
Your network operator may charge you additional sums for their delivery of the Services to you. Any such additional charges imposed by your network operator are additional to our charges and are outside our control and are non- refundable by us. You should always check with your network operator for details.

· Payments may be made through the following methods :

PayPal Account
Credit card Payment through our accounts centre as indicated on the Site or
FiCall ReCharge Cards ( these are cards used to ‘top up’ your subscription) or
Ukash

Credit and Refund Policy

Our goal is to offer you a reliable and affordable means of communication. Although we make every effort to provide clear connections and well managed networks, occasional disruptions or interference due to network problems may occur which is beyond our control.

In such circumstance we will issue a credit at our sole discretion where we deem it appropriate. The value of the credit shall not exceed the amount originally paid.

To be considered for a refund you must send an email to: support@ficall.com stating the following:

Your FiCall Registration number
The payment date
The product you purchased
Reason for requesting a refund

You will not be entitled to a refund where we have suspended or terminated our Services to you as a result of breach of these Terms and Conditions

Copyright Notice

FiCall grants you a limited non-transferrable license to access and make use of all of this Site’s information, text, data, images, videos, graphic, logos, symbols, applications, music, sound, screens, web pages, or other content (herein after referred collectively as “Materials”), unless otherwise noted and subject to these Terms and Conditions as set out. All such Materials appearing on this Site are the exclusive property of FiCall or have been licensed to us by the other third parties licensors indicated.

You may copy or download content or information from this Site in an unchanged form for your personal and educational use only, subject to strict compliance of these terms and provided that each copy includes any copyright trademark notice or attribution as it appears on the pages copied. Without the express written permission of Fi Call, the Materials may not otherwise be copied , displayed, distributed, licensed, modified, edited, reformatted, published, reposted, reused, reproduced, sold, transmitted, used to create derivative work or otherwise used for public or commercial purposes, except as provided in these Terms and Conditions. You may not use any content contained in the Materials in any manner that may give a false or misleading impression or statement. Nothing on this Site shall be construed as conferring any licence of any intellectual property rights, except as expressly provided in these Terms and Conditions.

We are not liable in any way for failures, defects or delays in the delivery of the content contained in the Materials which are caused by any reason outside our reasonable control and / or which could not reasonably have been foreseen.

Use of this Site does not confer any ownership rights to any Materials.

Any unauthorised use terminates the permission or licence granted by FiCall and FiCall may at its sole discretion terminate its contract with you with immediate effect and without any notice to you.

Trademark Notice

FiCall, the “FiCall” logo, and all associated logos and symbols, and combinations of any of the foregoing with another word or mark, are trademarks or servicemarks of FiCall in Europe and certain other jurisdictions (“Trademarks”). FiCall’s trademarks and servicemarks may not be used in any manner that is likely to cause confusion amongst customers, in any manner that disparaged or discredits FiCall or in connection with any service or product that is not sponsored, endorsed or produced by FiCall. Any other trademarks and service marks that may appear in these pages are the property of their respective owners and are used solely to refer to those companies’ goods and services.

Without obtaining express written permission from Fi Call, you may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary graphic pertaining to FiCall as part of a link.

Any queries concerning usage of FiCall trademarks or copyrights should be addressed to:

FiCall
29 Harley Street
London
W1G 9QR
Email : info@ficall .com

Prohibited use of Services and / or consent

By using our Services or the Material you, and anyone you allow, agree not to:

Copy, disclose, modify, reformat, display, distribute, licence, transmit, sell, perform, publish, transfer, link to or otherwise make available the Material and /or the Service or any part thereof except as set out in these terms
Replicate or frame the FiCall homepage
Use the Site, Services or Material for any commercial purpose
Include or create links to or from the Material and/or the Service
Use the Site and/ or any services provided by FiCall for illegal purposes or in breach of any applicable laws, statutes and regulations
Provide FiCall with inaccurate or false information
Use the Site to post, upload messages, information, pictures or videos that are obscene or pornographic, threatening, racist, indecent, tasteless, defamatory, in breach of confidence or otherwise unlawful
Harass , stalk, threaten or otherwise violate the rights of others
Use the referral program email service for spamming purposes , mail bombs, chain letters or pyramid schemes or deliver viruses
Advertise or resell our Services without prior written permission from FiCall
Infringe any other person’s intellectual property rights , including copyright
Use the Site or the Material in any way that in our sole and absolute discretion consider objectionable, inappropriate, and / or likely to injure our brand and/ or reputation
To disrupt or interfere with the operations of the Services or Site
Seek to gain unauthorised access to the Site or Services offered by FiCall

FiCall reserves its rights to remove, edit and refuse to post any such material on the Site and / or the Services; to suspend or terminate its Services and accounts to you in its sole discretion and to take any other action necessary to prevent or remedy any breach of these Terms.

You are responsible for any misuse in the Service or Material whether authorised or not.

FiCall will also co-operate with law enforcement with regard to any investigation or violation of network security and we reserve the right to disclose any information (including personal data) derived from you as required by law to assist in the prevention or detection of crime or the apprehension or detection of offenders.

Expiration of Subscription

FiCall subscriptions expire after the specified term of the subscription period indicated on the Site for the product purchased.

Subscriptions are renewed by ‘topping up’ on the product purchased and run for the period indicated on the Site.

Cancellation

Any credit, of whatever value, which remains on your Subscription for more than one month after it has expired, is automatically forfeited to Fi Call.

The Customer is entitled to cancel the subscription of the product purchased only for the following reason and only within seven days of purchase and provided that the product and / or Services are not used:

· Error made order processing ( for example wrong product shipped, wrong quantity shipped, duplicate product ordered, wrong platform )

To be considered for a refund you must send an email to: support@ficall.com

within 7 days of purchase date:

Your FiCall registration number
The date of payment
The name of the product you purchased
Description of the issue and / or reasons for cancellation

Suspension and Termination

We may suspend the operation of the Service without prior notice:

For repair or maintenance work;
To update or upgrade the contents or functionality of the Service from time to time;
In the event that we believe that you are or may be in breach of these Terms and Conditions.

FiCall at its sole and absolute discretion reserves its right to terminate the Services without notice, if any of the Terms and Conditions has or may have been breached or misused or in the event that you do anything that may damage or affect the commercial interest or business .

If we terminate your access to the Service, we may delete all information, emails and data that you have stored on the Service.

We will not refund any subscription payments made under this contract if we terminate the contract with you due to the reasons stated above.

Privacy

Please review our Privacy Policy which also governs your use of the Site to understand our policies. It deals specifically with your rights and our obligations in relation to your personal data, including what we can do with it and to whom we may give it to in certain situations.

Disclaimer of Warranties

The Site and Material are provided on an “as is” basis without any warranties whether express or implied. FiCall to the fullest extent permitted by law disclaims all warranties, including but not limited to, the implied warranty of merchantability, the implied warranty of fitness for a particular purpose and non-infringement of third parties’ rights. FiCall makes no representations about the accuracy, suitability, reliability, completeness or timeliness of the material or the results to be obtained from using the Site and the Material. The use of the Site and Material is at your own risk. We accept no liability for any losses whatsoever, that you may suffer whether such loss or damage arise in contract, negligence or tort.

You accept that the Service may from time to time, be adversely affected by events outside our control, including without limitation, congestion, network coverage, dropped connections, performance of wireless enabled devices and for maintenance of secure network connection.

Certain states do not allow limitations on implied warranties. If these laws apply to you, some or all the above disclaimers, exclusions or limitations may not apply to you and you may have additional statutory consumer rights.

Exclusive Remedy and Limitation on Liability

Your sole remedy for any alleged breach by FiCall shall be a credit or a refund under these Terms and Conditions. FiCall liability shall in no event exceed the actual price paid for the service provided.

Disclaimer of Consequential Damages

Under no circumstances shall FiCall be liable for any consequential or incidental damages whatsoever arising out of the use of any of its Services or Site or inability to use any service provided by FiCall, including but not limited to delays, interruptions and failures of the network, even if FiCall has been notified of such damages. Because some states or countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

Indemnity

In the event of a lawsuit arising out of the Site or Services provided by FiCall, of any hyperlinked site, or of your breach of these Terms and Conditions, you agree to defend and irrevocably indemnify and hold harmless Fi Call, its officers, directors, employees , subsidiaries, and agents from and against any claims, actions or demands , including without limitation, reasonable legal and accounting fees, or liabilities however so incurred by us as a result of any claim by a third party resulting from your use of the Service( or anyone who had access to your password)in breach or non- observance of these Terms and Conditions. FiCall shall notify you promptly of any such claims, suit or proceedings and shall assist you, at your expense, in defending any such claim suit or proceeding. You hereby provide us with full authority to defend compromise or settle such claims as we deem fit.

International Use

This Site is based in the United Kingdom. FiCall makes no representations that information contained on this Site or Services provided by it are appropriate or available for use at locations outside the United Kingdom. Access to the information or Service may not be legal by certain persons or in certain countries. Our offer of Service is void in jurisdictions in which the services are prohibited by law. If you access the Site or use our Services in a jurisdiction which prohibits the services offered, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

General

It is your sole responsibility to satisfy yourself prior to using the Service in any way that it is suitable for your purposes and up to date. The Services, price plans and Terms are updated regularly and you should check the Service regularly to ensure that you have the latest information.

You agree that we may sub-contract the performance of any of our obligations or may assign these Terms and any rights or obligations without giving you notice.

You undertake not to assign, re-sell or in any other way transfer your rights or obligations under these Terms.

All notices may be served by post or email to the address given by you ( upon registration) and us ( as indicated in these Terms). Such notice will be deemed to be received by either party within 48hrs after being sent.

We are not liable to you for any breach of these Terms, which arises because of any circumstances that we cannot reasonably be expected to control, including but not limited to, Acts of God, inclement weather, act or omission of Government or public telephone operators or for any other party that FiCall is not responsible

You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or use of this Service.

These terms and the additional terms that you accept as part of your registration process for a Service and the third party provider’s terms and conditions, constitute the entire contract between us and supersedes all previous agreements relating to the Service.

A person who is not a party to this contract has no right to benefit under or enforce any term of this contract.

FiCall reserves the right at all times to disclose any information it deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

If any part of these Terms is determined by law to be invalid or unenforceable, in whole or in part, such Term or part shall to the extent be deemed not to form part of this contract but the validity and enforceability of the remaining Terms of this contract shall not be affected.

Applicable Laws

These Terms and Conditions are governed by and are construed in accordance with the English Laws. You agree that any legal action that arises out of or relates to these Terms and Conditions will be filed only in the jurisdiction of the English courts.

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or of any other term.