Terms of Service Relating to the White Calling App

Overview
These terms and conditions apply to the supply to you, the User, of the White Calling Licensed Application (“Licensed Application”) published by Apollo Telecoms Limited (registered in Ireland with registration number 277835 and whose address is Office 7, Strand Campus, Sligo Airport Business Park, Strandhill, Co. Sligo, Ireland) (“Apollo”, “us”, “we” or “our”) and the subsequent use of the Application to access third party services accessible via the Licensed Application (“Third Party Services”).

1) Acceptance of Terms

• a) By downloading the Licensed Application, you agree to be bound by these terms and conditions, and to be responsible for adherence to any additional terms and conditions issued by any relevant provider of Third Party Services (together “Terms of Service”) accessible via the Licensed Application. If you do not agree to the Terms of Service, you must not download or use the Licensed Application. Apollo and any relevant Third Party Services 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 will be deemed to have accepted such revisions.

2) Our agreement

• a) This agreement, including these Standard Terms and Conditions, is 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 Apollo, and not with the Licensed Application retailer. Apollo are only responsible for the Licensed Application and the content thereof.

3) End User License Agreement

• a) The End User License granted to you, the User, is non-transferable and only allows you to use the Licensed Application on those devices approved by the relevant Retailer giving access to the Licensed Application from which the Licensed Application was downloaded.
• b) 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

• a) Apollo 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 out in these Terms of Service. In addition, at any time Apollo 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 identified by itself or by a Retailer providing the Licensed Application.
• b) Apollo are solely responsible for undertaking any maintenance and support required in respect of the basic operation of the Licensed Application. By accepting these Terms & Conditions you acknowledge that the Licensed Application Retailer has no obligation whatsoever in this regard.

5) Access to Third Party Services

• a) We will try to ensure that you can connect to Third Party Services but sometimes this may be affected by things we cannot control, for example, interruptions to services from suppliers and faults in IT networks. Certain Third Party Services may be suspended from time to time and we, nor they, do not have to give you notice of this suspension.
• b) 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 Services provider and you, and any of your friends and relatives who you are contacting via the App, should check with the Third Party Services provider for their latest terms and conditions of use before accessing such services.

6) Intellectual Property Rights

• a) 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) constituting the Licensed Application are either owned by Apollo or have been licensed to Apollo by the rights owner(s). All rights are expressly reserved.
• b) 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.
• c) The Licensed Application is made available to you provided that you comply with the following, otherwise the Licensed Application will be disconnected:
• i) 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;
• ii) it is not used in any manner that could damage, disable, overburden, or impair any Apollo server, or the network(s) connected to any Apollo server, or interfere with any other party’s use and enjoyment of the Licensed Application;
• iii) you provide information reasonably asked for and you do not give any false information.

7) Disclosure and protection of your Personal Information

• a) Please refer to the White Calling App Privacy Notice for details of terms and conditions relating to the disclosure and protection of your personal information (visible here)

8) Access Charges

• a) Your mobile service provider may charge you for accessing and using the Licensed Application, and/or you or your friends and family for using Third Party Services accessible via the Licensed Application; we recommend that you and your friends and family check with your mobile service provider before using the Licensed Application and any third party services that can be accessed via the Licensed Application.

9) No warranties

• a) 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.
• b) Apollo 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. Apollo will not be liable for any disruption, defects, delays, eavesdropping or other omissions in any Third Party Services.

10) Unauthorised Use

• 11) 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.

12) Liability

• a) We are only liable to you as set out in this agreement. We have no other duty or liability to you.
• b) For the avoidance of doubt, you hereby acknowledge that Apollo, 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 any claim that the Licensed Application fails to operate as described or conform to any applicable legal or regulatory requirement; and
• c) Except in the case of paragraph 12.6, our entire liability to you for something we or anyone who works for us does or does not do will be limited to the amount actually paid by you to us for Third Party Services in the 6 month period prior to the date of the event giving rise to the relevant claim, subject to a maximum of £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.
• d) 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.
• e) We will not be liable to you if Third Party Services cannot be accessed because of something beyond our control
• f) Nothing in this agreement shall exclude or restrict Apollo’s liability for death or personal injury resulting from the negligence of Apollo or its employees.
• g) This section will apply even after this agreement has ended.

13) Suspension of Service

• a) We may suspend or disconnect the Licensed Application when any of the following occur, which may be without warning:-
• i) the Licensed Application breaks down or needs maintenance;
• ii) you do not, or someone who uses products or credit provided to them through your Licensed Application, does not keep to the conditions of this agreement, or any other agreement with us;
• iii) you, or anyone who uses the products or credit provided to them through your Licensed Application, damages the Licensed Application or puts it at risk, or abuses or threatens our staff;
• iv) 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
• v) the Licensed Application is not used for 180 days or such longer period of time as we decide.

14) Cancelling the agreement

• a) We can cancel this agreement immediately if any of the following happens:
• i) you breach any terms and conditions of the Licensed Application; or
• ii) your service has been suspended or disconnected under section 13.
• iii) You can cancel this agreement at any time for any reason and we will action such cancellation within 5 working days.
• b) If this agreement is cancelled your Licensed Application will be disconnected and you will not be able to use the Application.

15) Contacting Us

• a) 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.
• b) You can either email us directly via the “contact us” link in your app, or you can write to us at ask@whitecalling.com
  
  

16) What's our complaint process

• a) As soon as we receive your complaint, we’ll try to sort it out straight away. If we’ve made a mistake, we’ll say sorry and let you know what we’ll do to put things right
• b) We aim to have an outcome within 10 working days but sometimes we need more time to investigate if more information or technical support is required, or if we need to contact a Third Party Service supplier, in which case we’ll keep you informed and let you know as quickly as possible.
• c) If your complaint cannot be resolved or we are unable to agree a solution, you can ask us to take the complaint to a review stage for a full and final independent review. This will be done by the Customer Service Manager.
• d) You will need to let us know why you would like to escalate your complaint and what we could have done differently in the initial review.
• e) We will do our best to let you know the final outcome within 20 working days following your request to escalate.

17) If you can not satisfied with the result?

• a) If you are still not satisfied with the outcome of your complaint, you can register a complaint with the relevant app store that you downloaded our app from.

18) Monitoring of calls

• a) Calls received by Apollo 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.

19) General

• a) You may not assign or delegate or otherwise deal with any of your rights or obligations under this Agreement without the express written consent of Apollo, such consent not to be unreasonably withheld. Apollo shall have the right to assign or otherwise delegate all or any of its rights and obligations under this Agreement to any other person.
• b) This agreement is governed by the laws of England and is subject to the jurisdiction of the English Courts.

20) Promotions and offers.

• a) Offers and promotional codes are typically valid for 7 days. Specific terms and conditions applicable to any given offer will be detailed within the Licensed Application or can be obtained via the details provided in paragraph 15.2. Apollo 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 Apollo.

21)  Expiry of the White Calling Credit

1. White Calling credit will expire:
1. In accordance with the expiry date as set out on the multi-purpose credit voucher; or
2. If no such expiry date is set out on the multi-purpose credit voucher, not less than 180 days after the date the voucher was first used; or
3. When the actual cash received for credit on the multi-purpose credit voucher has been used up.
2. No refund will be made in respect of any unused credit left on the multi-purpose credit voucher at the time it expires

 

22)  Charges for White Calling Services

1. Please refer to the White Calling website or the White Calling App for the latest rates.
2. For telephony services, rates as shown are for accessing Services via the respective access numbers, are billed in 60 second increments, (other than for calls lasting longer than 180 & 600 seconds, where the relevant minute will be billed at 120 seconds), are applicable 24/7 and include applicable VAT or similar.
3. For Mobile Airtime top up, latest rates and other terms of service can be found on the White Calling App.
4. Rates and billing conditions are subject to change without any prior notice; this may be due to circumstances outside our control, such as changes to wholesale prices that we are charged by third party suppliers.
5. Charges may vary for accessing the Services depending on where you are calling from and from some public and mobile phones; we recommend that customers check the relevant access charges with their service provider before initiating such calls.
6. Different charging rates may apply for calls made to some premium numbers, non-geographical numbers and mobile numbers.
7. Mobile or landline service provider may charge Users for accessing the Services via our national and international access numbers; we recommend that you check with your supplier before initiating such Services. As a matter of policy, we will not intentionally disconnect any Services provided that there is credit available for the calls, however it may be possible that Services get disconnected due to matters beyond our control.

 

23)  Mobile Airtime Top-Up

 

1. It is the Users responsibility to ensure that the recipient mobile phone number is correctly input before making a Mobile Airtime Top-up. If you enter the wrong number the transfer will go ahead and there is no way to reclaim or redirect the Mobile Airtime Top-up once the instruction has been processed.
2. We are not liable for the execution of any Mobile Airtime Top-up based on incorrect information. If we have executed a Mobile Airtime Top-up in accordance with instructions you provided to us, and that information proves to be incorrect, we are not liable for the incorrect execution of the Mobile Airtime Top-up.
3. The cost of Mobile Airtime Top-up will vary depending on the amount of Mobile Airtime Top-up that you wish to send and according to the denominations displayed in the app. You should carefully check the total cost of the transaction before you confirm your Mobile Airtime Top-up transaction.
4. A number of countries around the world have chosen to apply taxes to incoming Mobile Airtime Top-ups. when sending to a payee in those countries. The corresponding deduction will be made from the mobile airtime top-up transaction amount, meaning the payee will get a lower amount of Mobile Airtime Top-up.
5. The Mobile Airtime Top-up is typically sent within a few seconds by us to the mobile phone number you provide upon successful payment by you. Occasionally, there may be a short delay before the relevant mobile operator applies the Mobile Airtime Top-up to the mobile phone number.
6. Our obligation in relation to Mobile Airtime Top-up is simply to send Mobile Airtime Top-up in accordance with your instruction. The relevant mobile operator will be solely liable to you and the recipient of the Mobile Airtime Top-up for the provision of mobile services related to the mobile airtime top-up. Once the Mobile Airtime Top-up is sent to a mobile phone number, it cannot be refunded or removed from the phone.
7. We may choose to limit the number of Mobile Airtime Top-ups that can be performed, or the maximum value of Mobile Airtime Top-ups (the latter typically due to mobile operator restrictions), over a given period of time e.g. daily, weekly, monthly.

 

24) Entire Agreement

a) 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 and Conditions supersede all promises made to you by our client services agents, representatives or employees. If any part of the Terms and Conditions is found invalid, the rest of the Terms and Conditions remain enforceable.