Terms and Conditions Relating to the White Calling Licensed Application

1. Overview

1. These terms and conditions apply to the supply to you, the User, 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”, “us”, “we” or “our”) and the subsequent use of the Application to access third party services accessible via the Licensed Application (“Third Party Services”). The sole purpose of the application is as facilitator for you, the User, to share, via various means, monetary credit uploaded to the Licensed Application from multi purpose credit vouchers issued by third party approved suppliers, to friends or relatives of your choosing, allowing them to make and pay for telephone calls or other approved services. All Third Party Services available via the Application are designed to operate with this functionality.

2. Acceptance of Terms

1. By downloading the Licensed Application and using the facility allowing credit issued by third parties to be transferred via the Licensed Application to 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 Services 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 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.
   
   

1. Our agreement

1. 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 Globecom, and not with the Licensed Application retailer. Globecom are only responsible for the Licensed Application and the content thereof.
   
   

1. End User License Agreement

1. 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.

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.
   
   

1. 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 identified by itself or by a Retailer providing the Licensed Application.

2. Globecom are solely responsible for providing 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.

6. Access to Third Party Services

1. 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 the weather, interruptions to services from suppliers and faults in other IT networks. Certain Third Party Services may be suspended from time to time and we do not have to give you notice of this suspension.

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 Services provider and you and your friends and relatives should check with the Third Party Services provider for their latest terms and conditions of use before accessing such services.

7. 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) constituting the Licensed Application are either owned by Globecom or have 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 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;

2. 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;

3. you provide information reasonably asked for and you do not give any false information.

8. Disclosure and protection of your Personal Information

1. 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 (LINK)

9. 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.

10. 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, defects, delays, eavesdropping or other omissions in any Third Party Services.

11. 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.

12. 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 Globecom, 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

3. 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 the 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.

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.

13. 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 Licensed Application 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 180 days or such longer period of time as we decide.

14. Cancelling the agreement

1. We can cancel this agreement immediately if any of the following happens:

1. you breach any terms and conditions of the Licensed Application; or

2. your service has been suspended or disconnected under section 13.

3. You can cancel this agreement at any time for any reason and we will action such cancellation within 5 working days.

2. If this agreement is cancelled your Licensed Application will be disconnected and you will not be able to use the Application.

15. 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.

16. 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.

17. General

1. 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 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. This agreement is governed by the laws of Jersey and is subject to the jurisdiction of the Jersey Courts.

18. Promotions and offers.

1. 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. 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.

19. 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 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.