TERMS AND CONDITIONS - LEGAL AGREEMENT
This legal document serves as an agreement between you (End User) and Call n Save, a subsidiary of LinksToChina Ltd. Please read it carefully before placing an order and submitting your personal details.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS
The Service is provided to End User under the terms and conditions of this document and any operating rules or policies that may be published by Call n Save. This document supersedes all prior agreements between the parties regarding the subject matter contained herein.
By completing the order and/or payment forms and clicking the "Submit" or "Confirm" buttons, you are indicating your agreement to be bound by all of the terms and conditions of this document.
2. DESCRIPTION OF SERVICE
Call n Save is a forwarder of credit vouchers. Unless there is a special arrangement, Call n Save will only send your purchased credit vouchers in the form of unactivated PINs, together with user instructions, by e-mail.
Once purchased, a credit voucher becomes the property of End User. The subsequent services available in exchange for part or all of the credit available on such credit voucher, is provided by a telephony company either operated or contracted by the voucher issuer.
As soon as End User enters a credit voucher PIN into a telephone keypad in accordance with user instructions, the voucher is activated and the redemption process started. The telephony company is obliged to provide services available including voice transmission and after sales service.
3. REFUND POLICY
Although Call n Save, as a voucher fordwarder, has no control over the process of voucher redemption, it will use its best endeavour to help End User to obtain a refund or partial refund should the End User suffer a loss or damage due to defects in performance or non-performance of the telephony company by liaisoning with the relevant voucher issuer.
A full refund will be given when an invalid credit voucher PIN is sent as a result of a system or human error and End User does not want to receive a replacement PIN. A partial refund will be given under the circumstance of an accidental overcharge, the partial refund value being equal to the actual credit lost.
Under the circumstance of End User claming a PIN not received, a full redund will be given only if the credit voucher is not redeemed.
4. RESPONSIBILITIES of Call n Save
Call n Save takes reasonable care to ensure information on our Web site is up to date and accurate.
Call n Save will only use your details to send PINs and contact you with new offers and promotions with your prior consent.
Call n Save may also provide End Users with a variety of services via the Internet with your prior consent.
5. RESPONSIBILITIES of End User
After a PIN is received by End User, liability for loss or theft of the PIN shall be with End User.
In consideration for the Service, End User agrees to:
- provide accurate information about End User where required and
- maintain and update this information as required to keep it up to date.
If any information provided by End User is inaccurate, Call n Save retains the right to terminate End User's right to use the Service.
6. ORDER FULFILMENT AND CANCELLATION
Order acceptance and the completion will take place on the release of the credit voucher (PIN) purchased unless we have notified you that we do not accept your order or you have cancelled it.
Non-acceptance of an order may be a result of one of the following:
- the brand ordered being unavailable
- the order not being paid for
- the identification of a major pricing error
- purchaser not meeting the eligibility criteria set out in this document
Before a PIN is released, End User can cancel an order placed by not making a payment or by cancelling a payment at End User's own expense. In the case of cancellation after payment but before a PIN is released, Call n Save will make a refund after deducting bank's processing and clearing fees.
7. SERVICE MODIFICATIONS
Call n Save reserves the right to modify or discontinue any or all of the
Service with or without notice to End User.
Call n Save shall not be liable to End User or any third party should
Call n Save exercise its right to modify or discontinue the Service.
8. MODIFICATIONS TO TERMS OF SERVICE
Call n Save may change the terms and conditions of Service from time to time. End User's continued use of the Service constitutes an affirmative:
- acknowledgment by End User of this document and its modifications; and
- agreement by End User to abide and be bound by this document and its modifications.
9. DISCLAIMER OF WARRANTIES
End User expressly agrees that use of the Service is at End User's sole risk. The Service is provided on an "as is" and "as available" basis.
Call n Save makes no warranty, guarantee or representation, either expressed or implied, regarding the accuracy, reliability, condition or fitness of the information and services provided and the credit vouchers fordwarded from this site. Telephony companies may at any time alter their rates without prior notice and Call n Save has no part in deciding their rates.
Call n Save makes no warranty that the Service will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error free; nor does Call n Save make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information
obtained through the Service or that defects in the software will be corrected.
End User understands and agrees that any material and/or data downloaded or
otherwise obtained through the use of the Service is done at End User's own discretion
and risk and that End User will be solely responsible for any damage to End User's
computer system or loss of data that results from the download of such material and/or data.
10. LIMITATION OF LIABILITY
Call n Save shall not be liable under any circumstances for any indirect,
incidental, special or consequential damages beyond the contemplation of parties, including but not limited to loss
of profits or income, arising directly or indirectly from any action or failure
resulting from using the credit vouchers purchase through Call n Save and
shall not be held liable for any surcharges which may be made by hostels, hotels,
or any accommodation providers for use of their phone services. Calls from mobile
phones may be subject to a charge from your mobile carrier.
Furthermore, Call n Save shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the Service or for cost
of procurement of substitute goods and services or resulting from any goods
or services purchase or obtained or messages received or transactions entered
into through the Service or resulting from unauthorised access to or alteration
of End User's transmissions or data, including but not limited to, damages
for loss of profits, use, data or other intangible, even if Call n Save
has been advised of the possibility of such damages.
The above statement does not affect your statutory rights as a consumer.
11. End User CONDUCT
End User is solely responsible for the contents of his or her transmissions
through the Service.
End User's use of the Service is subject to all applicable local, regional,
national and international laws and regulations.
End User agrees:
- to comply with UK law regarding the transmission of technical
data exported from the United Kingdom through the Service;
- not to use the Service for illegal purposes;
- not to interfere or disrupt networks connected to the Service; and
- to comply with all regulations, policies and procedures of networks connected to the Service. End User agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful,
vulgar, obscene or otherwise objectionable material of any kind or nature.
End User also agrees not to transmit any material that encourages conduct
that could constitute a criminal offense, give rise to civil liability or otherwise
violate any applicable local, country, national or international law or regulation.
Call n Save may, at its sole discretion, immediately terminate the Service
should End User's conduct fail to conform to these terms and conditions of
Within the contemplation of the parties at the time that the contract was entered into End User agrees to indemnify and hold Call n Save, its parents, subsidiaries,
affiliates, officers and employees, harmless from any claim or demand, including
legal fees, made by any third party due to or arising out of
End User's use of the Service, the violation of this agreement by End User,
or the infringement by End User, or other user of the Service using End User's
computer, of any intellectual property or other right of any person or entity.
13. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
End User may enter into correspondence with or participate in promotions of
the Advertisers showing their products on the Service.
Any such correspondence or promotions, including the delivery of and the payment
for goods and services, and any other terms, conditions, warranties or representations
associated with such correspondence or promotions, are solely between the corresponding
End User and the Advertiser.
Call n Save assumes no liability, obligation or responsibility for any
part of any such correspondence or promotion.
14. PROPRIETARY RIGHTS TO CONTENT
End User acknowledges that content, including but not limited to text, software,
music, sound, photographs, video, graphics or other material contained in either
sponsor advertisements or email-distributed, commercially produced information
presented to End User by Call n Save
or Call n Save's Advertisers, is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws; therefore, End User
is only permitted to use this Content as expressly authorised by Call n Save or the Advertiser.
End User may not copy, reproduce, distribute, or create derivative works from
this Content without expressly being authorised to do so by Call n Save or the
Either End User or Call n Save may terminate the Agreement with or without
cause at any time and with immediate effect.
End User's Termination shall be done by not using his or her account for more than a period of time deemed necessary to keep the account active. Call n Save shall not be liable to End User or any third party for termination of Service.
Should End User object to any terms and conditions of this document or any
subsequent modifications thereto or become dissatisfied with the Service in
any way, End User's only recourse is to immediately discontinue the use of the Service and notify Call n Save to terminate the subscription.
Upon termination of the Agreement, End User's right to use the Service immediately
Call n Save retains the right, at its sole discretion, to determine whether
or not End User's conduct is consistent with this document and may terminate the Service if a End User's conduct is found to be inconsistent.
This agreement shall be governed by and construed in accordance with English laws, excluding its conflict of law provisions.
End User and Call n Save agree to submit to the exclusive jurisdiction
of the courts of United Kingdom if any provision(s) of this agreement is held
by a court of competent jurisdiction to be contrary to law, then such provision(s)
shall be construed, as nearly as possible, to reflect the intentions of the
parties with the other provisions remaining in full force and effect.
Call n Save's failure to exercise or enforce any right or provision of
this agreement shall not constitute a waiver of such right or provision unless
acknowledged and agreed to by Call n Save in writing.
The section titles in this agreement are solely used for the convenience of
the parties and have no legal or contractual significance.
All notices to a party shall be in writing.
Call n Save may publish notices or messages through the Service to inform
End User of changes to this agreement, the Service, or other matters of importance;
such publication shall constitute notice to End User.