Background
These terms and conditions apply to the supply of White Calling credit vouchers issued by Apollo Telecoms Limited and the subsequent exchange of some or all of such credit by anyone who is authorised to use such credit, for a range of services provided by independent suppliers under the White Connect, World Calling, Standard or Mobile Airtime Top-up brands (collectively “White Calling” or the “Services”). These Services are provided by a number of different suppliers, full details of which can be obtained via Customer Services (section 9).
Anyone who has purchased a White Calling credit voucher may transfer some or all of such credit to another user (an “Authorised User”, and collectively with the purchaser a “User”). Any Authorised User, by accepting such transfer, has agreed to abide by these Terms & Conditions.
Our agreement
This agreement begins, and these Terms and Conditions are effective, and deemed accepted by the Purchaser and any Authorised Users, when the White Calling credit voucher has been activated:-
automatically via the White Calling app; or
by a User entering the unique PIN found on each credit voucher into the White Calling App or via telephone keypad.
There will be a separate account, and the commencement of a separate contract, for each credit voucher purchased. Charges (being the charges for Services used) will be applied to that separate account until such time as all credit available on that separate account has been used or expired.
Access to White Calling Services
A User can exchange credit for the advertised Services, but sometimes the supply of such Services may be affected by things the supplier cannot control, for example, the weather, interruptions to services from their suppliers and faults in other IT networks. Certain Services may be suspended but we do not have to give notice of such suspension.
Credit may be used to purchase Services provided:
they are not used, amongst other things, for anything illegal, indecent or improper;
if they are used for telecommunications services, they are not used to make offensive or nuisance calls;
all relevant laws, regulations and rules are followed;
any User provides information reasonably asked for by White Calling from time to time and does not give any false information;
all reasonable instructions given to Users are followed; and
all sale proceeds relating to the relevant credit voucher have been received by us.
Expiry of the White Calling Credit Voucher
Each White Calling credit voucher will expire:
In accordance with the expiry date as set out on the multi-purpose credit voucher; or
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
When the actual cash received for credit on the multi-purpose credit voucher has been used up.
No refund will be made in respect of any unused credit left on the multi-purpose credit voucher at the time it expires.
Allowing Access to Credit
Purchasers are deemed to have implicitly permitted Authorised Users to use some or all of the credit available on a Credit Voucher by:-
providing them with the relevant PIN code; or
calling a White Connect number; or
initiating a White Connect phone call via the White Calling app; or
transferring Mobile Airtime Top-up credit to them.
Access to Services
Users are deemed to have agreed to pay for various White Calling services by one of the following actions:
entering the unique PIN allocated to each pre-paid credit voucher and then making a Standard or World Calling phone call; or
accepting an incoming Connect phone call; or
accepting an incoming White Connect phone call initiated via the White Calling app; or
initiating a Mobile Airtime Top-up transfer.
There will be a separate charge, and the commencement of a separate contract, for each service purchased. Charges (being the charges for services used) will be applied to this credit voucher until such time as all credit available on that credit voucher has been used or expired.
Charges for White Calling Services
Please refer to the White Calling website or the White Calling App for the latest rates.
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.
For Mobile Airtime top up, latest rates and other terms of service can be found on the White Calling App.
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.
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.
Different charging rates may apply for calls made to some premium numbers, non-geographical numbers and mobile numbers.
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.
Mobile Airtime Top-Up
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.
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.
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.
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.
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.
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.
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.
Monitoring of calls
Calls received by White Calling may be monitored and recorded. This may be done to improve the service which is provided, to ensure compliance with practices and procedures and where, for example, a contract is entered into by such call and the recording will provide evidence of the transaction. White Calling reserves the right to inform you by telephone or any other means of communication of any products or services relating to this product. If you do not wish to receive further information please call Customer Services on 0330 001 1384.
Disclosure of Personal Information
Certain information may be disclosed to third parties such as the network service provider for purposes solely connected with the provision of service via their networks. Where required or requested by law, regulation or legal process, information may be provided to others, such as the Police or relevant Government Authorities.
Protection of Your Personal Information
We use strict security measures in order to protect personal information. From time to time, this may include checking User identity when you telephone us, encrypting data on our websites and such other measures as necessary in order to ensure compliance with all applicable legal requirements.
Liability
We are only liable to Users as set out in this agreement. We have no other duty or liability to you.
Except in the case of paragraph 12e, our maximum liability to Users for something we or anyone who works for us does or does not do will be limited to the amount actually paid 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.
We are not liable to Users 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 Users in respect of the products or services ordered from other companies using our credit voucher.
We will not be liable to Users if Services cannot be provided because of something beyond our control.
Nothing in this agreement shall exclude or restrict our liability for death or personal injury resulting from our gross negligence.
This section will apply even after this agreement has ended.
When we may suspend White Calling services
Any of the Services exchangeable for credit may be suspended or made unavailable without warning if:
our systems break down or need maintenance;
any force majeure event occurs
any User does not keep to the conditions of this agreement, or any other agreement with us;
any User damages a network or puts it at risk, or abuses or threatens our staff;
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
a credit voucher is not used for a minimum of 180 days.
We can charge reasonable costs incurred by us for reconnecting any remaining credit on the voucher.
Cancelling the agreement
We can cancel this agreement immediately if any of the following happens:
any User breaches any terms or conditions of service; or
a multi-purpose credit voucher has been suspended or disconnected under 13; or
any of the provisos for use of the Services set out in 3 are not complied with.
A user can cancel this agreement at any time for any reason; we will action such cancellation within 5 working days of being so notified.
If this agreement is cancelled the multi-purpose credit voucher will be disconnected and Users will not be able to use any of the services.
If a Purchaser decides to cancel this agreement because access to services are withdrawn or there is any other change to this agreement, and the account is in credit, we will refund the amount of such unused and unexpired credit. In order to claim a refund a Purchase must contact Customer Services within 30 days of the date of the change. A service charge of £5 will be made for refunding credit.
General
Other than as regards Authorised Users, a Purchaser may not assign or delegate or otherwise deal with any of their rights or obligations under this Agreement without the prior written consent of White Calling, such consent not to be unreasonably withheld. White Calling shall have the right to assign or otherwise delegate all or any of its rights and obligations under this Agreement to any other person
This agreement is governed by the laws of Ireland and is subject to the jurisdiction of the Irish Courts.