This agreement applies as between you,”the Customer” the User of this Website and ChilliTalk Limited, the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. This Agreement is deemed to occur upon our acceptance of your request for Services. You therefore are deemed to accept these terms and conditions when you request an Account and an Account with log in details have been successfully provided for you to access the Network and use our Services.
1. Definitions and Interpretations
In this Agreement the following terms shall have the following meanings:
Access Number means the local number allocated to the Registered Number;
Account means our online log in website facility that Users can log in to access the individuals Users Account and to use our Services. Users can manage and access their Account and Personal Information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
Agreement means the agreement between you and us for the Services which these terms and conditions apply to;
Charges are the prices that are incurred to make calls and send SMS either from landline or mobile phone. These prices are pay per minute rates for calls and pay per text for SMS. No Connection Charge applies. The up to date prices for calls and SMS for the available countries are published on our Website. These charges will be paid as per the currency displayed on the website. A default currency will be selected based on your IP location. EU residents will need to pay applicable VAT based on their country of residence, which will be determined using their bank card address and/or the mobile or landline number they register with or IP Address;
ChilliTalk means the registered trademark of ChilliTalk Limited, a company registered in England and Wales under company number 05506630, registered office address 54 Marsh Wall, London E14 9TP, United Kingdom;
ChilliTalk Dial Up Mode means the method to make international calls using a mobile phone device and/or landline whilst not using the ChilliTalk App;
ChilliTalk App means our application that Users can download from the App store and use all over the world.
ChilliTalk App Users means Users that have downloaded the ChilliTalk App and both Users have connected to the Internet and make and receive the call between each other by using the ChilliTalk App only;
Consumer means a person acting for purposes outside his/her business;
Content means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
Contract means the contract between you and us for the sale and purchase of Services incorporating these terms and conditions;
Credit means the amount in value of UK Pounds Sterling, Euros, Swedish Kronas, Danish Krones, Swiss Francs or US Dollars that you have purchased through your My Account from time to time and is added to your My Account to provide you with a total balance and shall be deducted when you use our Services.
Customer Services Team means the support team who will be able to deal with any queries or questions relating to the Services as set out in our Website. Contact details are set out in clause 13;
DID numbers are facility that allows an outside caller to connect directly to an extension of a person’s office without the assistance of an attendant or operator.
Free Credit means an amount of Credit which we, in our absolute discretion, provide to Users from time to time.
International Call Rates means the cost in UK Pounds Sterling, Euros, Swedish Kronas, Danish Krones, Swiss Francs or US Dollars per minute or SMS to make calls from landline, mobile phone and to send SMS from mobile phone either through the ChilliTalk Dial Up Mode or ChilliTalk App. Up to date International Call Rates are published on our Website.
International Destination Number means the international number of the person you want to call;
Local Access Number means the local number allocated to an international telephone number you have registered on My Account or for unregistered numbers the local number allocated to the country you are currently visiting and wish to make a call from that country;
Local Network means the mobile communications network that will be used by the local country you are visiting and calling from or if using your own mobile telephone the mobile communications network your Service Provider uses an Your Service Provider Charges will apply;
Merchant means the Mundio Group company collecting payments on behalf of Chillitalk Limited;
Multifunctional Top-up Voucher is a physical or electronic payment mechanism through which we permit you to purchase and use the Services.;
My Account means where you can manage and access your Account so that you can use the Services available;
Network means the mobile communications network we use to provide you with the Services;
Payment Information means any details required for the purchase of Services and the purchase of Credit from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
Personal Information means information we hold about you that you provide to us through My Account or which we collect whilst providing the Services to you and includes but is not limited to personal data and traffic data;
Account Access Code means a unique number that we provide to you once your Account has been opened and to be used when making calls through the ChilliTalk Dial Up Mode;
Registered Number means any mobile telephone number and or landline number that you registered on My Account;
Roaming means making and receiving calls and SMS whilst abroad via a local network operator. You will be liable to pay Your Service Provider Charges in addition to our Charges;
Services means the Services as set out in Clause 5 and collectively any online facilities, tools, services or information that ChilliTalk makes available through the Website either now or in the future. Service Providers Charges may apply;
Service Provider means the third party service provider who you have entered into a separate agreement with and who provides you with the telephone communications network for your mobile phone including 3G, 4G/LTE and/or landline and/or internet or broadband services.
Service Provider Charges means the amount of cost that your Service Provider may charge you to access the Services or to use the Services whilst using your or another person’s mobile phone or landline, this includes using a local mobile phone or landline from the country you are visiting. This is an extra cost which is not connected to the Charges we may charge you for our Services.
System means any online communications infrastructure that ChilliTalk makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
Virus is a computer program that can corrupt, damage or destroy a computer system of its data without the permission and/or knowledge of the user of the system it infects;
User/Users means any third party that accesses the Website and is not employed by ChilliTalk and acting in the course of their employment;
Website means the website that you are currently using (www.chillitalk.com) and any sub-domains of this site (e.g. subdomain www.chillitalk.com/login) unless expressly excluded by their own terms and conditions;
We, Us and Our means ChilliTalk;
You and Your means the Customer;
2. Age Restrictions
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
3. This Agreement
(a) This Agreement is formed once we accept your request for Services. You therefore are deemed to accept these terms and conditions when you have created an Account.
(b) Where we receive your registration details to create an Account we will activate it as soon as possible after the Agreement is formed.
(c) You agree that by registering your Account and using the Services you agree to be bound by these terms and conditions and to pay any Charges.
4. My Account
(a) When you register an Account you will have to provide your email address and your telephone number which will be your first Registered Number and create a password. Youwill need to use these details to access My Account in the future.
(b) We will open an Account for you and provide you with an Access Number and Account Access Code. This can be found on My Account.
(c) When you register for the first time we may, depending on what we are offering at the time of registration, give you Free Credit which can be used to make a call or send an SMS in order to try our Service. This Free Credit will be allocated to the Registered Number you first registered when you created an Account and this cannot be transferred to any other Registered Number you submit after first registration.
(d) You will not be eligible to receive the Free Credit if you or any other person has previously registered the Registered Number on another Account. This includes any Account not being used or not in existence anymore. We reserve the right to withdraw, discontinue, modify, refuse and revoke the Free Credit offered at anytime.
(e) You will take every necessary precaution to preserve the secrecy of your Account access details, including passwords, Access Number and Account Access Code.
(f) We own the Account and you can only use the Account to use the Services.
(g) You agree to take all reasonable steps to prevent damage to, or any loss or abuse of the Account and any Services that it offers to you.
(h) If your Account log in details are lost, stolen or you simply have misplaced them, such as it is no longer possible for you to access the Services, you must report it to Customer Services Team as soon as possible. We reserve the right to carry out validation checks at any time and without consent.
We offer the following Services to Customers:
(a) ChilliTalk Dial Up Mode;
(i) When you have not downloaded the ChilliTalk App you will use our ChilliTalk Dial Up Mode to make international calls. You can use your or any landline or your or any other mobile phone to make international calls and send SMS. You will need to Dial your Access Number, enter your Account Access Code, if asked and then dial your International Destination Number;
(ii) You can dial your Access Number directly from your landline and/or mobile phone handset;
(iii) Depending upon the price plan agreement you or any other person for the landline and or mobile phone network that you have entered into under a separate agreement, with your Service Provider, you may have to pay in addition to our Charges, your Service Provider Charges to be able to make calls or SMS as stated in clause 5(a)(i).
(iv) Depending upon the price plan agreement you have entered into with your Service Provider for your landline or mobile phone you may be eligible for free local minutes per month as part of your price plan and these may or may not be used whilst carrying out the service in clause 5 (a)(i).
(v) Your Service Provider may block any calls that you are making through the Services that we offer. If they do, we have no control and will not be liable for your Service Providers actions.
(vi) You should not use your mobile phone abroad to use our Services as you will be liable to pay your Service Providers Charges for Roaming and other charges that your Service Provider may apply. We are not responsible or liable for any Service Provider Charges that may apply. It is your responsibility to check if Service Provider Charges apply and the rates.
(vii) When travelling abroad you can use our website (provided you have access to the internet) to find the Local Access Number for the Country you are currently visiting and if required the State/Region you want to call from to avoid expensive Roaming Charges. You can use a local Mobile Phone or a local Landline number available from the Country you are calling from. You should not use your mobile phone abroad to use our Services as you will be liable to pay Your Service Providers Charges for Roaming and other charges that Your Service Provider may apply. We are not responsible or liable for any Service Provider Charges that may apply.
(viii) Local Access Numbers are available for selected countries only and an up to date list of countries is available on the Website. The list is updated from time to time. High intercity call charges will apply if you do not select the correct city or nearest city to make the call. Please contact Customer Services or check our website for further information.
(b) ChilliTalk App
(i) You can download the ChilliTalk App (Android Phone and iPhone Only) to make International calls and to receive free calls to other ChilliTalk App Users. Making calls on the ChilliTalk App is just like making calls from your mobile phone and/or landline;
(ii) You can receive free international calls from other ChilliTalk App Users. If Users do not make and receive calls through the ChilliTalk App and you dial the regular number Service Providers Charges will apply. We reserve the right to Charge you for any additional fee. Both Users must be making and receiving the call through the ChilliTalk App;
(iii) ChilliTalk App Users only. If you have access to Wi-Fi or 3G or 4G/LTE you can connect and make International calls through the ChilliTalk App. Your Service Provider Charges may apply to access Wi-Fi or 3G or 4G/LTE when making and receiving calls using Wi-Fi or 3G or 4G/LTE. It is your responsibility to check if your Service Provider Charges apply;
(iv) When you make a call by using your ChilliTalk App the below sequence of simultaneous call modes will be carried out automatically until the call is connected or until you decide to terminate the call if the person you are calling has not answered or if the call is unable to connect;
1. First through the ChilliTalk App mode then
2. Through the Dial Up Mode;
As stated above, making calls through the ChilliTalk App, the User must be connected to and through another ChilliTalk App User in order to receive free International Calls. The ChilliTalk App will automatically try to contact the person you are trying to call through their ChilliTalk App, if they are a ChilliTalk App User. If the Chilltalk App User is not online i.e. have access to Wi-Fi or 3G or 4G/LTE then the call will not be connected through the ChilliTalk App. The call will then automatically try to connect using the Dial Up Mode, you will receive a prompt message on your mobile phone hand set informing you of our Charges per minute to make the call to the International Destination Number;
(v) If you have access to Wi-Fi or 3G or 4G/LTE (Service Provider Charges may apply) you can use the ChilliTalk App. It works anywhere in the world provided you have internet access. Service Provider Charges may apply. You can call from the Local Network in up to 50 countries. Please check the Website for a list of countries.
(vi)Free Credit only applies to a download made on an Android device
(c) DID Number
(i) All ChilliTalk Customers maybe eligible for a free one month trial of a DID number service. Therequest for subscribing a free one month DID number service is subject to a minimum top-up as detailed on the website.
(ii) After the trial period, Customers will be charged at a standard tariff for the use of this service.
(iii) If the Customer does not wish to continue with the DID services, he/she must give a notice to cancel within the first 15 days from the start date of the service.
(d) Other Services
(i) When using the Dial Up Call Mode to make international calls through your mobile phone or landline you may be able to use your Local Network free minutes however this will depend on your Service Provider Price Plan that you or another other person have entered into with your Service Provider and Service Provider Charges may apply. It is your responsibility to check whether your Service Provider will charge before using our Services;
(ii) You can carry out the following Services once you have logged into By My Account:
1. Check Account overview;
2. Register Numbers;
3. Check and manage Local Numbers;
4. Check and manage Registered Numbers;
5. Check and view your call and charge history;
6. Check and view your Credit availability and total balance;
7. Check the history of home saver bundles you have purchased;
8. Facility to invite friends;
9. Contact Customer Services;
10. Change My Account settings and
11. Activate and manage auto top up.
(a) We aim to enable you to always use the Services. Unfortunately these may be affected by matters beyond our control, including but not limited to the weather, other networks and faults, or by our maintenance of the Network.
(b) We will make all reasonable efforts to avoid periods of unavailability and to try and resolve any problems within our control as soon as possible.
(c) We will use reasonable efforts to maintain content but it may be incomplete, inaccurate or out of date and is provided to you on an “as is basis”.
(d) We will not be liable to you or any other party for any action you take in reliance upon the accuracy, completeness or continuous supply of content.
(e) Our Service is not designed to replace traditional telephony but to operate in conjunction with such traditional telephony. Accordingly you may not be able to call certain numbers that you call using traditional telephony such as the emergency services or international directory enquiries. We suggest that you do not use the Services to call such numbers and you agree that we will not be liable for the consequences of you being unable to call those numbers using the Services.
(f) Part of our Services are provided through the Internet, 3G, 4G/LTE and through the networks of third parties, we are therefore unable to guarantee either the quality of any call or that any call that is placed using the Service will be connected or that, once connected, the connection will remain until that call is terminated. We do not except any liability or responsibility as we have no control over these third parties service networks.
(iii) No Emergency Calls
The App and other parts of the Services are not intended to replace your ordinary or fixed line telephone services. As such, the App and other parts of the Services do not and are not intended to support or carry calls to reach emergency services (i.e. ambulance, fire and rescue, police). Chillitalk is not liable in any manner for such calls.
6. Travelling Abroad
(a) You should not use your mobile phone when travelling abroad to use our Services as you will be liable to pay your Service Providers Charges for Roaming and other charges that your Service Provider may apply. We are not responsible or liable for any Service Provider Charges that may apply.
(b) You should use a mobile phone network and/or landline network local to the country you are visiting in order to use the Dial Up Call Mode and/or ChillTalk App. Service Provider Charges to use the local mobile phone network and/or landline network may apply. We are not responsible or liable for any Service Provider Charges that may apply.
7. Charges, VAT, Free Credit and Payments
(a) To be able to use the Services you must ensure that you have sufficient Credit. In particular you will not be able to use a Service where you have no Credit or where the amount of Credit is less than the minimum charge for that Service.
(b) As Charges are incurred they will be deducted from the Credit of your Account. Charges incurred simultaneously are deducted simultaneously. In the event that the Credit is insufficient to meet all Charges due, those contracted for earlier will receive preference. Thus Charges shall be applied in the order in which were ordered by you and shall be applied after previous Charges.
(c). You will be charged to use our Services at the rates applicable at the time that you use the Service. The Charges and current rates are available on our Website and can be obtained from our Customer Services Team. You should check the applicable rate each time before making a call as our rates are variable and therefore change from time to time.
(d) Unless stated otherwise, all rates and charges for the Services shall be exclusive of value added tax (VAT).(d) You must pay for the Services in advance and do this by purchasing Credit online by visiting our Website. Once you have logged into My Account and have purchased Credit or any bundles or other offers or promotions offered by us from time to time this will be recorded against My Account. Charges applied to your Account are deducted from the Credit attached to My Account.
(e) Where you have more than one top up Credit recorded against My Account the Charges will be deducted from the available Credit on the earliest purchased top up Credit.
(f) You may purchase Credit using any payment method that we expressly offer at the time of your purchase.
(g) We may impose limits on the amount of Credit that can be purchased and may impose limits on the frequency with which you may purchase such Credit.
(h) We may limit or amend the payment methods we accept at any time and without any prior notice to you.
(i) Credit will be applied to your Account when we receive your payment accordingly, depending on the method you use it may take one or more days for the Credit to be applied to your Account.
(j) Purchased Credit, bundles or other offers or promotions offered by us from time to time are not redeemable for cash and will not be refunded if you decide not to use the My Account or the Services after you have made the purchase.
(k) When you register for the first time we may give you Free Credit which can be used to make a call or send an SMS. This Free Credit will be allocated to the Registered Number you first registered when you created My Account and this cannot be transferred to any other Registered Number you submit after first registration.
(l) You will not be eligible to receive the Free Credit if you or anybody else has previously registered the Registered Number on another Account. This includes any Account not being used or not in existence anymore. We reserve the right to withdraw, discontinue, modify, refuse and revoke the Free Credit offered at anytime.
(m) When you recommend a friend and he/she registers and creates an Account with us, you and your friend will receive referral credit only when that friend has done a minimum top-up through the website
(n) If you are eligible for Referral Credit, the Referral Credit amount will be added to your My Account and not to any other My Account. The Referral Credit amount can be changed at anytime and the Referral Credit has no monetary value. The Referral Credit will not be transferred to any other Account and will not be converted into cash. We reserve the right to revoke, refuse or withdraw the Referral Credit if we suspect fraud and/or improper use or any other reason set out in clause 8.
You acknowledge and agree that Referral credits cannot be transferred or used to buy any bundle or promotion offers.Standard call rates will be applied for referral credits.
(o) Your Service Provider may charge you for accessing the Services. Additionally, where you access the Services using a Free phone number we will charge you an additional 1p per minute (or equivalent in an alternative currency). We may also charge you for accessing the Service from a payphone.
(p) Paysafecard Payment For cross country top up charges, we advice our Customers to visit Paysafecard’s T&Cs to know more about the exchange rate fees. To find out the applicable exchange rate, please visit https://www.paysafecard.com/en-gb/currency-calculator.
(q) The PayPal payments are processed by the Mundio Group company Mundio Network Limited (registered in the United Kingdom under number 8693390, registered office at 54 Marsh Wall, London E14 9TP, United Kingdom) (“Merchant”) on behalf of ChilliTalk Limited, a company registered in England and Wales under company number 05506630, registered office address 54 Marsh Wall, London E14 9TP, United Kingdom.
8. Use of Services and your obligations
(a) You agree NOT to use the Services and NOT to permit any third party to use the Services:
(i) for anything unlawful, immoral or improper;
(ii) to make offensive or nuisance communications in whatever form, or to make or receive reverse charge calls;
(iii) with equipment that is not approved for use with the Network including, but not limited to, SIM-boxes and SIM-gateways;
(iv) to supply services to any third party;
(v) to send, receive, upload, download or otherwise facilitate any material which is offensive, indecent, defamatory, of a menacing nature, a nuisance, a breach of privacy, an infringement of copyright or any other intellectual property right or otherwise unlawful;
(vi) to gain access to the services of any third party voice over internet protocol calling provider unless expressly permitted by us;
(vii) to gain access and use content in a way that infringes the rights of others;
(viii) to use other than in accordance with any connected networks policies for acceptable use, and (if appropriate) any relevant internet standards;
(ix) to operate, whether directly or through a third party, any device to route or re-route voice, data or other Services on, from or to the Network without our express prior written consent;
(x) to sell or attempt to sell or otherwise provide commercial services using our Network to any third party without our express prior written consent;
(xi) to transmit a Virus; and
(xii) for the purposes of providing telephony and/or other services to third parties which rely on the Services.
(b) You agree TO:
(i) give us any information we reasonably request;
(ii) follow our reasonable instructions;
(iii) to inform us of any changes in your contact details where you have previously registered these with us. Where you fail to do so you agree that delivery of notice to the contact details we have on record is effective; and
(iv) to tell us of any claim as soon as possible.
(c) Fair use policies may apply to specific Services that we provide to you. Where they do, we will post them on our website and you agree to abide by them.
(d) Any failure to comply with any of the terms of this clause 8 is a breach of this Agreement that entitles us to terminate this Agreement.
9. Cancellations of Service(s)
(a) Where you order Service(s) from us and we have confirmed acceptance of your order the following terms apply:
(i) If the Service(s) are defective, you must inform us within 7 days. If you fail to do so, you are deemed to have accepted the Service ordered.
(ii) Where a claim of defect or damage is made we shall deactivate the Service(s). If on inspection / investigation we find the Service(s) to be defective, you shall be entitled to provision of replacement Service(s) of the same type and denomination.
(iii) In addition to the rights set out herein, you may have statutory rights under the Customer Protection (Distance Selling) Regulations 2000 as follows:
(b) Under the Distance Selling Regulations (2000) in the United Kingdom, as a UK resident, you have the right to cancel the Contract until the end of the 7th working day after the date on which a contract for purchase is formed between you and us. Similar rights apply to all EU residents under EU Directive 2011/83/EU of 25 October 2011.
(c) Where you use the Services before your right to cancel expires, you lose the right to cancel the Contract.
(d) Where you have the right to cancel and want to cancel the Contract you must write to our Customer Services Team at ChilliTalk 54 Marsh Wall, London E14 9TP ensuring that your letter reaches us before the expiry of your right to cancel.
(e) Where you have the right to cancel and we receive your notice to cancel within the specified notice period, we agree to return any payment made by you within 30 days of the date on which we receive your notice.
(a) With the exception of clause 9, we are under no obligation to provide you with a refund.
(b) Where you believe you should be entitled to a refund pursuant to clause 9, you must write to us (details of how to contact us are set out under clause 13) and 14, explaining clearly the reasons why you believe you should be refunded and providing any evidence you believe is relevant to your written request.
(c) We will reasonably endeavour to answer your request for a refund within 10 working days and we may ask you for further information to support your request for a refund. We will consider any refund requests on a case by case basis and it is our sole discretion if we should refund part or the full amount requested depending on all the evidence, including internal systems checks that we have obtained.
11. Suspension of the Services
(a) We may suspend or cease the Services or disconnect any or all Services including My Account without any warning where:
(i) You are in breach of one or more of the terms and conditions of this Agreement or any other agreement with us or someone who uses your Account is in breach of them;
(ii) the Network breaks down or needs maintenance. ChilliTalk tries to minimise these cases;
(iii) anyone who uses the Account and or Services and does not keep to the conditions of this Agreement; and
(iv) your use of the Services damages the Network or puts the Network at risk.
(b) Where we suspend, this does not affect your obligation to pay the Charges, save in the event of suspension or disconnection as a result of our maintenance of the Network which extends beyond three days and affects the entire Network in which case we will not charge any Service Charges for the period in which you cannot use the Services.
(c) We may apply a fee to reconnect your Account and/or the Services where we have suspended them and/or disconnected any Account or Service from the Network under 10. (a)(i), 10.(a)(iii) or 10.(a)(iv).
(d) Our right to suspend your Account and/or the Services under this Clause 10 does not affect any other rights we have to suspend or terminate this Agreement.
(a) We can cancel this agreement immediately if any of the following occur:
(i) Where you do not use the Services at least once every 180 days, your Account will be disconnected from the Network, this Agreement will be terminated, any Credit recorded on your Account that has not expired will be forfeited and you will lose your Access Number and Account Access Code;
(ii) You are in breach of any term of this Agreement which is incapable of remedy or where you are in breach and we have asked you to remedy that breach but you have not done so within 7 days of us asking you to;
(iii) We suspend it in accordance with the terms and conditions set out in Clause 8;
(iv) You become insolvent or are made bankrupt; or
(v) We are no longer allowed to operate the Network or provide you with the Services;
(vi) Any licence to run the Network is ended.
13. Customer Services
(a) You can contact the Customer Services Team by using the following methods:
(i) Writing to: Customer Services Team, ChilliTalk 54 Marsh Wall, London E14 9TP;
(ii) Phone us: Contact our Customer Services Team by calling +44 20 7179 9980 from any mobile or landline (cost may vary depending on the phone service providers);
(iii) Online: Visit our Website, log in to My Account, click on “Customer Services” and fill in the online request form. A member of the Customer Services team will usually get back to you within 2 working days of receipt.
(iv) Email to: email@example.com
(b) Our Customer Service Team is available from Monday to Sunday from 8:00am to 8:00pm.
(a) All written notices to us should be sent to:
54 Marsh Wall
London E14 9TP
15. Intellectual Property
(a) All Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of ChilliTalk, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
(b) Subject to Clause 17 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by ChilliTalk.
16. Third Party Intellectual Property
(a) Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
(b) Subject to Clause 17 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
17. Fair Use of Intellectual Property
(a) Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
18. Links to Other Websites
(a) This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of ChilliTalk or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
19. Use of Communications Facilities
(a) When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:
(i) You must not use obscene or vulgar language;
(ii) You must not submit content that is unlawful or otherwise objectionable. This includes, but is not limited to, content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
(iii) You must not submit content that is intended to promote or incite violence;
(iv) It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
(v) The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
(vi) You must not impersonate other people, particularly employees and representatives of ChilliTalk or our affiliates; and
(vii) You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
(b) You acknowledge that ChilliTalk reserves the right to monitor any and all communications made to us or using our System.
(c) You acknowledge that any information you send to us through our System or post on the enquiry form may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
20. Account and Safeguarding your Account
(a) In order to purchase Services on this Website and to use the enquiry form facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
(i) all information you submit is accurate and truthful;
(ii) you have permission to submit Payment Information where permission may be required; and
(iii) you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
(b) It is recommended that you do not share your Account details. ChilliTalk accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
(c) If you have reason to believe that your Account details have been obtained by another without consent, you should contact ChilliTalk immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched.
(d) You agree that you are solely responsible for any calls or SMS made using your Account and for any transactions that take place on your Account and that you are solely responsible for ensuring the confidentiality of these.
(e) You may change your password at any time online.
(f) You agree to inform Customer Services of any unauthorised use of your Account within 24 hours of you discovering of such unauthorised use by emailing us at firstname.lastname@example.org.
(g) You agree to indemnify us against any and all claims and demands, costs, including legal fees, and other expenses incurred by us made by any third party in respect of any unauthorised use of your access details, password / Account access details and/or your Credit and/or Account where you do not comply with paragraph
(h) Any purchased ChilliTalk’s credit in your account will expire after 12 months of inactivity.
(a) ChilliTalk makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
(b) No part of this Website is intended to constitute advice and the content of this Website should not be relied upon when making any decisions or taking any action of any kind.
(c) No part of this Website is intended to constitute a contractual offer capable of acceptance.
(d) Whilst ChilliTalk uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
22. Security of your personal information
ChilliTalk uses advanced security technologies and procedures to protect your personal information from unauthorised access. Your details, credit card numbers and PINs are protected with Secure Socket Layer (SSL) encryption when transferred over the internet.
Your PIN helps protect your accounts and personal information, and therefore it is your responsibility to keep your PIN confidential. Do not share it with anyone, and make sure you log out before leaving the Site.
23. Limitation of Liability
(a) We are only liable to you as set out in this Agreement. We have no other duty or liability to you;
(b) Noting in this Agreement removes or limits for personal injury or death caused by something we have done or have failed to do
(c) Except as set out in clause 22.(a) and 22.(b), our entire liability to you for something we or anyone who works for us does or does not do will be limited to £3,000 for one incident or a maximum of £6,000 for a number of incidents within any 12 month period;
(d) We are not liable to you where we cannot fulfil our obligations under this Agreement as a result of something beyond our reasonable control and expectations;
(e) We are also not liable to you where we are unable to provide the Services as a result of the maintenance of our Network;
(f) Where you log in to your Account using another person’s equipment or a service or equipment provided to the general public and you have not logged out of the Account correctly and or you lose your equipment that you use to access your Account and Services or it is stolen you remain liable for any Charges of any Services that are incurred whilst the equipment is not in your possession and you have not changed your password but before you tell us that it has been lost or stolen. This includes, but is not limited to cases where your Account is cloned;
(g) If you did not enter this Agreement as a consumer, we are not liable to you in any way for any loss of income; business; anticipated savings or profits; any loss of property or loss of use of property; or for any loss or damage that was not reasonably foreseeable at the time you entered this Agreement;
(h) If you entered this Agreement as a consumer, 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;
(i) If as part of the Services we enable you to access the internet you agree that we are not liable for any content that you access upload or download whether knowingly or not except for content that we make available to you directly;
(j) This Clause 22 survives the termination of this Agreement.
24. Third parties
(a) Nothing in these Terms and Conditions shall confer any rights upon any third party under the Contracts (Rights of Third Parties) Act 1999. The agreement created by these Terms and Conditions is between you and ChilliTalk;
(b) Notwithstanding the foregoing you may be capable of contracting with one or more third party when you use the Services. Where you contract with a third party whilst using the Services you confirm and understand that we are not a party to that Agreement even where payments due to that third party are deducted from your Credit recorded against your Account.
(a) We may make reasonable amendments to the Agreement on giving you at least one months notice;
(b) If an amendment to the Services has, or is likely to cause, a material detriment to the Service and is not as a result of a requirement by any regulatory authority or for legal reasons, we will give you notice and unless you terminate this Agreement by giving us notice in writing during that period the amendments will apply once that notice period has run out;
(c) We may also change your Access Number and/or PIN Code where we reasonably require. Where we do so, we will give you prior notice and explain why;
(d) Amendments will also be published on the website www.chillitalk.co.uk and you agree that the publishing of these notices has the same effect as us giving you written notice by post.
(a) You may not transfer any rights or responsibilities under this Agreement without our expressed written consent;
(b) We may assign this Agreement at any time without your prior consent provided that such assignment does not affect the Services;
(c) Failure by us to enforce any of the terms of this Agreement shall neither be construed as a waiver of any right or remedy nor shall in any way affect the validity of this Agreement, or any part thereof, and no waiver of a breach of this Agreement shall constitute a waiver of any other breach;
(d) Termination of this Agreement shall not operate as a waiver of any breach by you of any of the terms of this Agreement and shall be without prejudice to our rights or remedies which might arise as a consequence of such breach, or which may have accrued up to the date of such termination;
(e) A finding that a term of this Agreement is, or has become, invalid, illegal or unenforceable in any respect under governing law shall not affect or impair the validity, legality or enforceability of any other terms of this Agreement so long as the purpose of this Agreement is still capable of performance;
(f) This Agreement is governed by the Laws of England and Wales and any dispute arising out of this Agreement is subject to the jurisdiction of the Courts of England and Wales;
(g) Notwithstanding the above you may be able to refer a dispute arising out of this Agreement for alternative dispute resolution pursuant to our Complaints Procedure which can be requested from our Customer Services Team and also found on our website.
27. Welcome Credit
(a) Each genuine new Customer using the ChilliTalk App will be eligible for a one time Welcome credit as define on the website.. The Welcome credit can be used only for calling. The Welcome credit should be used within 1 month from the subscription date, after which we reserve the right to remove it at our discretion.
(b) This offer will not be available for Customers who sign up through our website. Customers who have already been using ChilliTalk App will not be eligible for this promotion.
(c) We reserve the right to remove or amend this promotion at anytime.