Standard Terms and Conditions Relating to The Use of the White Calling Application

  1. Overview
    1. These terms and conditions apply to the supply to you, the Customer, of the White Calling Licensed Application (“Licensed Application”) published by Globecom Services Limited (registered in British Virgin Islands with registration number 1388976 and whose address is 28 Esplanade St Helier Jersey Channel Islands JE4 2QP) (“GLOBECOM”) and the subsequent use of the Application to access third party services available via the Licensed Application (“Third Party Services”). The sole purpose of the application is to allow you, the Customer, to send via various means monetary credit, uploaded to the Licensed Application from multi purpose credit vouchers issued by approved suppliers, to friends or relatives of your choosing to allow them to make and pay for telephone calls or other services. All Third Party services available via the Application are solely designed to operate with this functionality.
  1. Acceptance of Terms
    1. By downloading the Licensed Application and providing via the Licensed Application the credit for friends or relatives to access Third Party Services, you agree to be bound by these terms and conditions, and to be responsible for adherence to any additional terms and conditions issued by the relevant Third Party Service providers (together “Terms of Service”). If you do not agree to the Terms of Service, you may not download or use the Licensed Application. GLOBECOM and any relevant Third Party Service provider may renew, modify or amend their Terms & Conditions from time to time. If you continue to use the Licensed Application or the Third Party Services you accept such revisions.
  2. Our agreement
    1. Our agreement, including these Standard Terms and Conditions, are effective, and a non-exclusive, non-transferable End User License Agreement is granted to you, and deemed accepted by yourself, when you download the Licensed Application onto an approved mobile device from a recognized Licensed Application Retailer. The End User License Agreement is concluded between yourself and GLOBECOM, and not with the Licensed Application Retailer. GLOBECOM are solely responsible for the Licensed Application and the content thereof.
  3. End User License Agreement
    1. The End User License granted to you, the Customer, is non-transferable and only allows you to use the Licensed Application on those devices approved by the relevant Licensed Application Retailer from which the Licensed Application was downloaded.
    2. You represent and warrant that you are not located in a country that is subject to a US Government embargo, and that you are not listed on any US Government list of restricted or prohibited parties.
  4. Suspension of App Services
    1. GLOBECOM is entitled, without any liability, to refuse, restrict, limit, suspend and/or interfere or interrupt the Licensed Application or any part thereof, without any notice to you for the repair, improvement, and/or upgrade of the Licensed Application or for any of the reasons for termination set forth below in these Terms of Service. In addition, at any time GLOBECOM may prevent use of the Licensed Application for any reason, including but not limited to, fraudulent use patterns, excessive usage, other irregularities and unlawful use.
    2. GLOBECOM are solely responsible for providing any maintenance and support required in respect of the Licensed Application. By accepting these Terms & Conditions you acknowledge that the Licensed Application Retailer has no obligation whatsoever in this regard.
    3. Access to Third Party Services
      1. We will try to ensure Third Party Services are accessible but sometimes they may be affected by things we cannot control, for example, the weather, interruptions to services from suppliers and faults in other IT networks. Certain Third Party Services may be suspended from time to time but we will endeavour to give as much notice of this as practical.
      2. The use of Third Party Services accessible via the Licensed Application may also be subject to terms and conditions of use issued by the relevant Third Party Service provider and you and your friends and relatives should check with the Third Party Service provider for their latest terms and conditions of use before accessing such services.
  5. Intellectual Property Rights
    1. All copyright, trademarks, patents and other intellectual property rights in any material or content (including without limitation software, data, applications, information, text, photographs, music, sound, videos, graphics, logos, symbols, artwork and other material or moving images) contained in or accessible via the Licensed Application are either owned by GLOBECOM or has been licensed to GLOBECOM by the rights owner(s). All rights are expressly reserved.
    2. You acknowledge that in the event of any third party claim that the Licensed Application, or your use thereof, infringes that third party’s intellectual property rights, we and not the Licensed Application Retailer are solely responsible for the investigation, defence, settlement and discharge of any such claims.
    3. The Licensed Application is made available to you provided that you comply with the following, otherwise the Licensed Application will be disconnected:
      1. it is not used for anything illegal, immoral or improper;
      2. if used for initiating telecommunications services they are not used to make offensive or nuisance calls;
      3. you do not use the Licensed Application to send any unsolicited commercial communication not permitted by applicable law;
      4. it is only used with equipment approved for use by the Licensed Application Retailer (and which have not been lost or stolen) and all relevant laws and rules are followed;
      5. it is not used in any manner that could damage, disable, overburden, or impair any GLOBECOM server, or the network(s) connected to any GLOBECOM server, or interfere with any other party’s use and enjoyment of the Licensed Application;
      6. you provide information reasonably asked for and you do not give any false information;
      7. all reasonable instructions given to you by ourselves are followed
  6. Disclosure and protection of your Personal Information
    1. Please refer to the White Calling App Privacy Policy for details of terms and conditions relating to the disclosure and protection of your personal information (LINK)
  7. Protection of Your Personal Information.
    1. We use strict security measures in order to protect personal information. This includes checking your identity when you contact us, encrypting data on our websites and other measures in order to ensure compliance with all applicable legal requirement.
  8. Access Charges
    1. Your mobile service provider may charge you for accessing and using the Licensed Application, and you or your friends and family for Third Party Services accessible via the Licensed Application; we recommend that you and your friends and family check with your supplier before using this product.
  9. No warranties
    1. You acknowledge that the Licensed Application Retailer, to the maximum extent permitted by law, has no warranty obligations whatsoever with respect to the Licensed Application.
    2. GLOBECOM does not make any express warranty regarding the Licensed Application and disclaims any implied warranty, including any warranty of merchantability, satisfactory quality, or fitness for a particular purpose. GLOBECOM will not be liable for any disruption, delays, eavesdropping or other omissions in any Third Party Services.
  10. Unauthorised Use
    1. If you become aware of unauthorised use of the Licensed Application you must notify us immediately and ask us to suspend your account. You are responsible for all costs incurred until the Licensed Application is suspended.
  11. Liability
    1. We are only liable to you as set out in this agreement. We have no other duty or liability to you.
    2. For the avoidance of doubt, you hereby acknowledge that We and not the Licensed Application Retailer, are responsible for addressing any claims relating to the Licensed Application and use thereof, including but not limited to
      1. product liability claims;
      2. any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
      3. claims under consumer protection of similar regulation.
    3. Except in the case of paragraph 11.6, our entire liability to you for something we or anyone who works for us does or does not do will be limited to £1,000 for one incident, or £2,000 for a number of incidents within any 12 month period, or whatever limit is permitted by applicable law, whichever is the higher.
    4. We are not liable to you in any way for any loss of income, business or profits, or for any loss or damage that was not reasonably foreseeable at the time you entered this agreement. We are not liable to you in respect of the products or services you order from other companies using the Licensed Application.
    5. We will not be liable to you if Third Party applications cannot be accessed because of something beyond our control.
    6. Nothing in this agreement shall exclude or restrict GLOBECOM’s liability for death or personal injury resulting from the negligence of GLOBECOM or its employees.
    7. This section will apply even after this agreement has ended.
  12. Suspension of Service
    1. We may suspend or disconnect the Licensed Application when any of the following occur, which may be without warning:-
      1. the Licensed Application breaks down or needs maintenance;
      2. you do not, or someone who uses the credit provided to them through your Licensed Application, does not keep to the conditions of this agreement, or any other agreement with us;
      3. you, or anyone who uses the credit provided to them through your Licensed Application, damages the network or puts it at risk, or abuses or threatens our staff;
      4. we are required to comply with an order, instruction or request of any government body, any emergency service organisation, or any other person or organisation with the appropriate authority; or
      5. the Licensed Application is not used for a minimum of 180 days.
  13. Cancelling the agreement
    1. We can cancel this agreement immediately if any of the following happens:
      1. you break an important condition of this agreement or a number of less important conditions; or
      2. you break a less important condition of this agreement and do not put it right within 7 days of us asking you to do so.
      3. your service has been suspended or disconnected under paragraph 12.
    2. You can cancel this agreement at any time for any reason.
    3. If this agreement is cancelled your Licensed Application will be disconnected and you will not be able to use the Application.
  14. Contacting Us
    1. We make every effort to ensure that you are happy with the level of service that you receive from us. If you have a question or comment about any aspect of the Licensed Application, please contact us at ask@whitecalling.com
    2. You may also contact us in writing at White Calling Customer Services, Unit 214 Lomeshaye Business Village, Turner Road, Nelson, Lancashire, BB9 7DR, UK or via phone on +44 (0)330 001 1384.
  15. Monitoring of calls
    1. Calls received by GLOBECOM may be monitored and recorded. This may be done to improve the service that is provided, to ensure compliance with practices and procedures and where, for example, a contract is entered into by such call, the recording will provide evidence of the transaction
  16. General
    1. You may not assign or delegate or otherwise deal with any of your rights or obligations under this Agreement without the express consent of GLOBECOM, such consent not to be unreasonably withheld. GLOBECOM shall have the right to assign or otherwise delegate all or any of its rights and obligations under this Agreement to any other person.
    2. Both GLOBECOM and the Customer acknowledge that the Licensed Application Retailer and any associated company are third party beneficiaries of this Agreement and have the right to enforce this agreement against the customer as a third party beneficiary thereof.
    3. This agreement is governed by the laws of Jersey and is subject to the jurisdiction of the Jersey Courts.
  17. Promotions and offers.
    1. Free credit on install – this credit is given to new users of the White Calling application. If a user is deemed, for whatever reason, by GLOBECOM to have used the White Calling application in the past, this credit will not be offered.
    2. Refer-a-friend offer – this offer is based on total top-up value by each person invited to the White Calling application by the referrer. Free credit will be given within 48 hours of the invited users reaching the threshold currently shown within the application. GLOBECOM reserves the right to change the thresholds and free credit reward offered at any time. Any accounts that have not reached the threshold will then be required to reach the new threshold in order for the referral bonus to be paid.
    3. General terms and conditions applying to offers and promotions – offers and promotional codes are typically valid for 7 days. GLOBECOM reserves the right to withdraw offers and promotions at any time, and without notice. The decision on whether to apply an offer or remove an offer from an account is entirely at the discretion of GLOBECOM.
  18. Entire Agreement
    1. This Agreement represent the entire agreement between you and us in respect of the use of the Licenced Application and supersedes all prior offers, contracts, agreements and representations. The Terms of Service supersede all promises made to you by our client services agents, representatives or employees. If any part of the Terms of Service is found invalid, the rest of the Terms of Service remain enforceable.
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