TERMS AND CONDITIONS JUST DIAL INSTANT AND TOPUP2TALK
This document sets out the terms on which Onetel Telecommunications Limited("Onetel",
"us", "we") will provide Just-Dial Instant, and/or
Topup2talk (collectively the "Services") to you, the customer ("you").
By using the Services, you agree to be bound by the following terms and conditions
(the "Conditions of Use") and acknowledge that we provide the Services
to you on these terms.
You must accept the Conditions of Use as a condition of you using the Services.
If you do not accept the Conditions of Use then you must not use the Services. You
acknowledge that use of the Services will be deemed to be an acceptance by you of
the Conditions of Use.
As the Services are made immediately available to you with your agreement, you acknowledge
that you have no right to cancel your order for the Services under the Consumer
Protection (Distance Selling) Regulations 2000.
1.1. You can use Just-Dial Instant by dialling the applicable access number (the
"Access Numbers") as detailed by us at www.uk-just-dial.com and then
dialling your international number (including the "00" prefix).
1.2. You can access the Topup2Talk service (the "Pre Paid Calling Services")
1.2.1. From a mobile, by texting "keyword" advertised to the relevant shortcode
(a premium rate text message number) as detailed by us at www.uk-just-dial.com an access
number and PIN will be sent to you by text. The text message to receive the access
number and PIN costs £3 or £5 depending on the shortcode and/or the
service you are ordering)("SMS Charges"). The costs of the text
message will be charged to you by your network provider and added to your network
provider billin addition to any standard SMS charges for the request message. We
will credit you with calling credit to the equivalent value of the premium rate
text message directly to your mobile phone as soon as reasonably practicable after
receipt of your text message. Any request message or reply to our shortcodes other
than STOP will result in charges being incurred; or
1.2.2. From a landline by dialling the applicable premium rate number (the "Premium
Rate Number") as detailed by us at www.uk-just-dial.com. Each call to
this Premium Rate Number will cost you £1 and for this we will allocate calling
credit to the telephone number that you used to make the Premium Rate Number call
as soon as reasonably practicable after receipt of your call and
1.2.3. Using your calling credit to dial the access number provided to you and entering
the international destination telephone number that you wish to call.
1.3. Any unused call credit which has not been used for 90 (ninety) days or more
will expire, and you shall lose any entitlement to use that credit for the Pre Paid
1.4. Your landline or mobile provider may charge additional charges for usage of
their network, For details of how these charges work together with our Services,
see our FAQs at
www.uk-just-dial.com, or contact your landline or mobile provider for additional
1.5. We reserve the right to implement limits on the amount of Pre Paid Calling
Services you can order from any one mobile phone in any one day. Please see www.uk-just-dial.com or call 0844
552 8575 for details. You may be charged for orders that you make to Premium Rate
Numbers in relation to your Pre Paid Calling Services and such charges may vary
depending on your network services provider. Where you have reached such a limit
and attempt to order any subsequent Pre Paid Calling Services of the same type,
you will receive a text message (at no cost to yourself) informing you that you
have reached your daily limit and therefore cannot use the Pre Paid Calling Services
for the day. In these circumstances, you will not incur any SMS Charges for that
Pre Paid Calling Card Service order. You may still incur standard SMS charges from
your network provider.
1.6. We reserve the right to change any access numbers, premium rate numbers, shortcodes
and charges relating to the shortcodes and/or premium rate numbers from time to
time with a notice of such change being posted at www.uk-just-dial.com.
1.7. The Services are subject to availability. All relevant costs in relation to
your use of Access Numbers and Pre Paid Calling Services are disclosed and can be
accessed at www.uk-just-dial.com.
1.8. Should you require customer service, please contact our customer service team
via our Contact Us page on www.uk-just-dial.com or by telephone on 0844 552 8575.
1.9. Prior to using the Services, you must first obtain permission to do so from
the person paying the bill for the telephone or mobile from which you access the
applicable Services. By using the Services, you confirm that you have obtained such
1.10. You must inform us of any problems relating to your use of the Services within
7 days of your attempted use, or, in the event of a problem with Pre Paid Calling
Services, within 7 days of purchase of the applicable Pre Paid Calling Service.
You can do so by contacting us by email via the Contact Us link on the www.uk-just-dial.com
home page or calling us on 0844 552 8575. Where we have assessed that a Pre Paid
Calling Service is faulty, a replacement Pre Paid Calling Service will be sent to
you containing an equivalent amount of call credit to that which was held on the
faulty Pre Paid Calling Card Service.
2. User Obligations
You shall not use, nor allow any other(s) to use, the Services:
(a) On any landline or mobile that you do not have permission to use or make use
(b) If you are under 18 years of age and have not obtained the consent of your parent
or guardian to do so;
(c) For any improper, immoral or unlawful purpose;
(d) To send a communication which is, or is intended to be, a hoax call to emergency
services, or which is defamatory, offensive, abusive, obscene, menacing, threatening,
harassing, harmful, invasive of another's privacy, sexist, racist or violent or
impersonates another person;
(e) To violate or infringe any rights of, or to cause unwarranted inconvenience
or anxiety to, any other person;
(f) In such a way that may damage, interrupt, destroy, corrupt, limit or affect
the operation, functionality or quality of the Services, the network or any telecommunications
system used to provide the Services;
(g) Fraudulently or illegally or contrary to any relevant standard or code; or
(h) For the purpose of re-sale to third parties.
3. Our rights
3.1. We reserve the right to terminate, restrict, suspend, deactivate or cancel
your use of all or part of any Services where we reasonably believe: a. that any
Service or aspect of the Services is being used by you or on your behalf for commercial
purposes or otherwise contrary to these Conditions of Use;
b. That any Service or aspect of the Services is being resold by you or on your
behalf (whether or not for commercial gain) or in other way being exploited for
commercial gain without our express written permission;
c. where we reasonably believe that there has been fraudulent activity (for example,
where our systems detect that the Services are used to make an unusual amount of
phone calls originate from the same telephone number or set of telephone numbers
that would be inconsistent with normal consumer use);
In the event that we exercise any rights pursuant to this Clause 3.1, you shall
not be entitled to any refunds.
3.2. We reserve the right to suspend your access to Services and clawback any credit
that you have not used for a period of 90 (ninety) days or more on the Pre Paid
Calling Card Services.
3.3. We reserve the right (at our sole discretion) to amend:
3.3.1. Any material charges (other than those set out in 3.3.2 and 3.3.3 below)
on 30 days written notice to you by publishing this information at www.uk-just-dial.com;
3.3.2. The charges for the Pre Paid Calling Services (as defined in Clause 1.2)
from time to time by publication of such amended charges at www. uk-just-dial.com;
3.3.3. The charges for the Just Dial Instant Service (as defined in Clause 1.1)
from time to time upon seven (7) days prior notice to you via our website at www.uk-just-dial.com.
4. Warranty and Liability
4.1. Your use of the Services is at your sole risk. The Services and any other product
or service which may be provided through or bundled with the Services are provided
"as is" and "as available" for your use, without warranties of any kind. Your statutory
rights remain unaffected.
4.2. Please note that we will not be liable in the event of unauthorised access
to, or loss of your Pre Paid Calling Service, save for any loss which is directly
attributable to a technical fault with the Pre Paid Calling Service caused by us.
4.3. The Services are for consumer/residential use and are not designed to be used
by customers in connection with the conduct of their, or their employers' or contractors',
commercial activities. If you choose to do so, it is entirely at your own, and your
employer's or contractor's, risk.
4.4. We do not make any representations or warranties in respect of your ability
to access or use the Services at times or locations of your choosing (including
any network or software operating in connection with the Services). We will, however,
use reasonable skill and care to provide and maintain the availability of the Services.
4.5. Except as provided by law, we exclude all liability for the accuracy (or inaccuracy)
or reliability of any material or other information provided or made available by
any third party in relation to the Services. We will however use reasonable skill
and care in updating and maintaining all information available on our website/s.
Your statutory rights remain unaffected.
4.6. We do not endorse, warrant or guarantee any product or service offered in conjunction
with the Services by a third party, and will not be a party to, or responsible for
monitoring, any transaction between you and any such third party.
4.7. We are not liable for any failure or delay in performance of our obligations
under these Conditions of Use caused by matters beyond our reasonable control.
4.8. We shall not be liable for (i) any secondary loss howsoever caused; (ii) for
any loss of data, profit, revenue or business or wasted expenditure, howsoever caused;
or (iii) any loss not reasonably foreseeable by us when this Agreement commences,
arising from your use of the Services or any other product or service that may be
bundled with the Services.
4.9. Without limiting the above paragraphs and subject to to paragraph 4.8 above
(and except for our liability for death or personal injury caused by its negligence,
or for any fraud or fraudulent misrepresentation), our liability under or in connection
with these Conditions of Use (whether arising in negligence or otherwise) will not
under any circumstances exceed the greater of £100, regardless of the cause
or form of action. Your statutory rights are unaffected.
You indemnify us against any action, liability, claim, loss, damage, proceeding
and/or expense (including legal costs) suffered or incurred by us, arising from,
or which is directly or indirectly, related to your breach or non-observance of
any term of these Conditions of Use.
6. Intellectual property
6.1. We own, or are otherwise licensed to use, all intellectual property in the
Services (including the names, logos, trademarks, copyright, content, design, text,
graphics, software and any other material appearing on the Services), unless indicated
license to use the Services for the purposes of telephone calls.
6.2. You agree that you will not, either directly or indirectly, infringe our intellectual
property or other property rights (or any of our licensors' rights) in the Services
and will not, either directly or indirectly, reproduce, modify, transmit, copy,
adapt, sell, publish distribute or communicate the Services or anything contained
within the Services (in part or in full) or otherwise use the Services in a way
which will infringe our intellectual property or other property rights (or any of
our licensors' rights), except as permitted by law or with our prior written consent.
7. Use of personal information
7.1. We respect your personal information and undertake to comply with applicable
Data Protection legislation in place from time to time.
7.2. We may hold information that you provide to us (such as your telephone number
when you use one of our Services) or that we may obtain from another source (such
as our suppliers, or marketing organisations). This information ("Your Information")
may include your name, address, date of birth, gender, telephone numbers, email
address, and details of how you use our products and services which may include
the numbers you call, the type, date, time, location, duration, cost of calls, and
information about your browsing activities when visiting one of our web, WAP or
similar sites together with general information about the way you use our Services.
We may share Your Information with companies within The TalkTalk Telecom Group PLC
group of companies ("TalkTalk Group") and any company or other entity in which TalkTalk
Group_owns (directly or indirectly) more than 15% of the issued share capital for
the purposes described in these terms and conditions (including, without limitation,
its fixed line telephony and insurance companies); and in the event that we undergo
re-organisation or are sold to a third party, you agree that Your Information may
be transferred to that re-organised entity or third party for the purposes of and
subject to the terms of this Agreement.
7.3. Your Information may be held and used by us for a number of purposes and we
may use third parties to support us with purposes which include, without limitation:
7.3.1. processing your orders; disclosing your data to network carriers to provide
you with our Services; dealing with requests, enquiries or complaints and other
customer care related activities; and legal actions and all other general administrative
and business purposes;
7.3.2. carrying out market and product analysis
of Your Information to conduct customer surveys, to develop and improve and, where
you have purchased a Pre Paid Calling Service or you have supplied your contact
details specifically for these purposes, to tell you about our products and services,
new developments, special offers, discounts and awards which we believe may be of
personal interest to you. Where you have purchased a Pre Paid Calling Service, we
may tell you by automated means or otherwise, including by mobile text message,
unless you indicate otherwise to us by sending us an SMS to 83006, 80041 or 80550
with the wording STOP. The message must be sent from the mobile phone through
which you purchased the Pre Paid Calling Service. You can do so either when you
first enter into this Agreement with us of at any time subsequently;
7.3.3. Passing on data to organisations we use to help us conduct customer surveys;
7.3.4. Carrying out any activity or disclosure in connection with a legal, governmental,
national security or regulatory requirement on us or TalkTalk Group or in connection
with legal proceedings, and for the prevention and detection of crime or fraud and
the prosecution of offenders or suspected offenders; or
7.3.5. Carrying out activities connected with the running of our business such as
personnel training, quality control, network monitoring, testing and maintenance
of computer and other systems and in connection with the transfer of any part of
our business in respect of which you are a customer or a potential customer.
7.4. agree to the disclosure by
us of the following information to any telecommunications company necessary to provide
our Services, fraud monitoring scheme or security agency:
7.4.1. any information which is covered by our registration under the Data Protection
Act 1998 as amended from time to time; and
7.4.2. any information which we are required by an order of any court of competent
jurisdiction or by statutory authority to disclose.
7.5. Your Information may be transferred outside the European Union to that country.
Our web, WAP and similar sites may also be based on servers located outside of the
European Union. Please note that the data protection and other laws of countries
outside the European Union may not protect you as well as those within the European
7.6. It may also be necessary for us to carry out anti-fraud and identity checks
on you to help decide whether to accept your application or future applications,
to verify your identity and to protect our legitimate interests. Any information
obtained in such checks may be used by third parties for crime and fraud detection
7.7. We will keep information for as long as is necessary to provide Services you
have asked for and until charges for the Service cannot be lawfully challenged.
7.8. We may also use technology to detect and prevent fraud and where we suspect
fraudulent use or attempted fraudulent use of our Services, and in this respect
information may also be recorded.
7.9. If you give us information on behalf of someone else, including but not limited
through the use of a third party's telephone line to use the Pre Paid Calling Service,
you confirm that you have given them the information set out in this Agreement,
and that they have not objected to their personal information being used in the
way described in it.
7.10. A comprehensive description of how we use personal information is publicly
available from the Information Commissioner - please see www.dataprotection.gov.uk.
7.11. If you would like us to tell you what information we hold about you, please
write to: The Data Controller, Onetel Telecommunications Limited, 11 Evesham Street,
London W11 4AR. We may charge a £10.00 administration fee; please quote the
telephone number through which you have accessed the Services on all such requests.
You can also contact us to correct or update any inaccurate or incomplete information.
7.12. If you do not wish your details to be used for the purposes described in Clause
7.3.2, please write to The Data Controller at the above address stating your full
name, address, and Mobile Phone number.
7.13. Subject to your rights of objection set out in this Clause 7, you agree that
you consent to us contacting you for any of the above purposes whether by telephone,
email, SMS, MMS or in writing and you confirm that you do not consider any of the
above as being a breach of any of your rights under The Privacy and Electronic Communications
(EC Directive) Regulations 2003.
7.14. You should be aware that if we are requested by the police or any regulatory
government authority investigating suspected illegal activities to provide your
user information or information concerning your activities whilst using the Service
we shall do so. We also reserve the right to disclose individually identifiable
information to third parties where a complaint arises concerning your use that is
deemed by us to be inconsistent with these terms.
7.15. We may disclose to third parties aggregated data to the use of the Service
provided that a single individual is not identifiable in such data.
7.16. We may monitor and record our communications with you (including phone conversations
and e-mails) for quality assurance and to make sure that we are meeting our legal
and regulatory requirements.
Subject to the provisions of Clause 3.3, we are entitled at our sole discretion
to change, add or remove any part of these Conditions of Use and to change, withdraw,
add or delete any features of the Services or a related promotion at any time (together,
the "Changes"). Where this happens, we will provide you with notice
by posting or uploading the Changes on our website no less than 7 days before such
changes or amends are due to take effect (the "Notice Period").
If you do not agree to any such Changes, your sole remedy is to (i) cease all use
of the Services; and (ii) where you have purchased Pre Paid Calling Services, to
contact us no later than one working day after expiry of the Notice Period to cancel
your Pre Paid Calling Service. Where this happens, you shall only be entitled to
a refund of the unused portion of your Pre Paid Calling Service. Your continued
use of the Services after the expiry of the Notice Period constitutes an agreement
by you to abide by and be bound by the Changes.
9. Invalidity and inconsistency
If any part of these terms are unenforceable (including any provision in which we
exclude our liability to you) the enforceability of any other part of these terms
and conditions will not be affected. In the event any terms contained on the Services
or within our website conflicts with these terms and conditions, then these terms
and conditions will prevail to the extent of such inconsistency.
10.1. There may well be occasions when you are unhappy with the Services that we
provided to you. In these cases, we will endeavour to be fair and efficient in handling
any complaint you should have and to process your complaint confidentially.
10.2. If you have a complaint, please send us a letter to Just Dial Department,
11 Evesham Street, London, W11 4AR.
10.3. We will endeavour to give you an answer within 5 working days and will provide
you with a likely timescale for resolving the dispute. We will keep you informed
about the progress of your complaint.
10.4. In the event that we are unable to resolve your complaint or if you require
further information, you may contact the Telecommunications Ombudsman, further details
of which can be found at www.otelo.org.uk. Your complaint will be dealt with under
TalkTalk Telecom's membership of Otelo and you should quote this in all correspondence
If we need to provide you with notice, this will be done via our website. You should
therefore look at our website on a regular basis. In the event that you have purchased
one of our Pre Paid Calling Services via a mobile phone, we may also give you notice
by sending an SMS message to the mobile phone through which you purchased the Pre
Paid Calling Service or in the event that you have made your mobile phone number
available to us in respect of any of the services. You may give us notice in writing,
by sending a letter to Just Dial Department, 11 Evesham Street, London, W11 4AR.
12.1. You cannot transfer or try to transfer any rights or obligations under these
Conditions of Service to anyone else unless we agree in writing.
12.2. We reserve the right to assign or subcontract any of our rights or obligations under this Agreement.
12.3. Except in the case of any permitted assignment of this Agreement under Clause
12.2, a person who is not a party to this Agreement has no rights under the Contracts
(Rights of Third Parties) Act 1999 or otherwise to enforce any clause of this Agreement.
12.4. No Waiver: If you or we fail to exercise any right or remedy under this Agreement,
that failure won't operate as a waiver of that right or remedy, or prevent it from
being exercised subsequently.
13. Governing law
These terms shall be governed by and interpreted in accordance with English law
and the courts of England shall have exclusive jurisdiction to resolve any disputes
14. Entire agreement and relationship
These Conditions of Use (as amended from time to time), together with any Special
you and us relating to your use of the Services and supersedes any previous agreements,
arrangements, undertakings, representations or proposals, written or oral, between
you and us in relation to such matters.
The Services are provided by Onetel Telecommunications Limited, a company registered
in England and Wales under the number 04226697 with registered office located at
11 Evesham Street, London W11 4AR.