LKR  
Colombo
19 Oct 2017
03:31:57

TERMS & CONDITIONS

    These general terms and conditions describe the rights and obligations of CallCeylon UK and its Customers concerning the delivery, performance and use of the Products and Services.

    DEFINITIONS

  • Acceptable Use Policy: The policy governing the use of the Products and Services by a Customer whether required by CallCeylon or the telecommunications operator of any Network that facilitates access to the Services. The Acceptable Use Policy is described below.
  • Account: The mobile telephone account registered or activated by a Customer that CallCeylon uses to provide the Products and Services to a Customer and to administer a Customer's Personal Data.
  • Agreement: These general terms and conditions, the Charges published by CallCeylon from time to time, including any special offers. An Agreement is deemed made between a Customer and CallCeylon when a Customer registers or activates an Account, uses our Top Up Services or uses our Services, whichever occurs first, and we will provide access to the Network as soon as we can so that provision of the Services can start.
  • Charges: The tariffs applicable from time to time for the use of the Services, including any connection fees and special offers. The current tariffs are available at www.callceylon.co.uk
  • Customer: Any individual, company or partnership that registers or activates an Account with CallCeylon. In these general terms and conditions, the Customer is sometimes referred to as "you" or "your".
  • Customer Services Department: The department of CallCeylon that you may contact for any enquiries about the Products or Services. You may contact the Customer Services Department in several ways:
  • Network: The telecommunications networks used by CallCeylon to provide the Services to you.
  • Personal Data: The personal information that you provide to CallCeylon or that CallCeylon generates, collects, uses, processes and stores about you while providing the Services, including but not limited to your name, address, date of birth, mobile telephone number, call data records including Traffic Data and Location Data, top-up records, credit card or debit card details, billing records, voice mail recordings, copies of e-mails including your e-mail address, and records of Customer Services Department enquiries made by you.
  • Privacy Policy: The policy that describes how CallCeylon generates, collects, uses processes and stores your Personal Data. The current Privacy Policy is available at www.callceylon.co.uk
  • Products: The CallCeylon Monthly Saver Plan, CallCeylon Calling Card and any other products offered by CallCeylon, including promotional products.
  • Roaming Services: The mobile telephone services that you use when travelling to Sri Lanka.
  • Speed Dialling: The feature that allows you to save up to 5 destination numbers on your account can be accessed by pressing single numerical keys followed by #.
  • Services:The mobile telephone services that CallCeylon provides to you, including voice calling, Top-Up Services, Speed Dialling, Roaming Services and the services provided by the Customer Services Department.
  • Top-Up Services: The services you may use to add credit to the balance of your Account, including Online Top-Up and Auto Top-Up.

OBLIGATION TO PROVIDE THE SERVICES

  • CallCeylon will provide the Services to you using the third party Networks of one or more telecommunications operators. Occasionally any of these Networks may be unavailable for maintenance, modifications, upgrades, emergencies or to protect the security of the Network. At these times the Services may be temporarily unavailable.
  • Mobile telephony is a form of wireless communication and operates on the basis of the transmission of radio and signal frequencies. The transmission of these radio and signal frequencies may be affected by congestion on the Network due to the number of calls or messages or the amount of data being sent and received.
  • The transmission of the radio and signal frequencies may also be affected by the location of the base stations, obstacles such as buildings or underpasses, and by external factors such as geographic or atmospheric conditions. The Services may also be affected by the quality of the GSM mobile telephone chosen and used by you.
  • For the reasons described above, CallCeylon does not warrant or guarantee that the Services will be uninterrupted or error free (in terms of Network availability, quality or coverage) in all locations at all times, or that the Services will be suitable for your specific requirements, or that the Services will be completely secure against unauthorised interception.
  • CallCeylon will endeavour to keep any disruption to the Services to a minimum; however CallCeylon will not be liable to you for any loss, damage or inconvenience incurred by you as a result of any disruption to the Services for the reasons described above.
  • Associated with your Account or Calling Card is the PIN code (personal identification number). You will take every necessary precaution to preserve the secrecy of your PIN code. You will be liable for any fraudulent or improper use of your Calling Card or Account that results from the intentional or accidental disclosure of your PIN or the transfer of your Account details to another person.

TOP-UP SERVICES

  • The Services are prepaid services. You are required to Top Up in advance so your Account is in credit. As Charges are incurred they will be deducted from the amount credited to your Account. No bill or invoice or statement will be issued to you. You may check your credit balance any time by following the balance check instructions provided to you at the time of initial Account activation.
  • You pay for the Services by topping-up your Account using any one of the Top-Up Services available from CallCeylon. You may use the Top-Up Services at any time after registration or activation of your Account. There are several ways that you may top-up your Account:
    • You may purchase Top-Up credit via CallCeylon website 'Top-Up' link.
    • You may set up a bank standing order for a fixed monthly amount for the Auto Top-Up Facility.
    • Minimum Top-Up is £10.
    • Top-Up is valid for 12 months (when the minimum Top-Up amount limit is met )
  • The credit balance in your Account may only be used for the CallCeylon Services.
  • Each time you use the Services (or someone else uses your GSM mobile telephone) the credit balance in your Account will be reduced for the voice call, message or data you are making or sending according to the destination and the current Charges.

TOP-UP DISCLAIMER

  • due to unforeseen technical issues it is possible that your Account has to be changed or replaced. If that happens, call credit on your existing account may not be recoverable. Should that be the case, maximum credit amount you will be refunded by CallCeylon or the service provider is Rs.1000 (£5) .
  • We therefore STRONGLY advise all our subscribers not to Top-Up the account unnecessarily and have a large credit amount on the account constantly.
  • In the event of a loss of call credit due to a technical or unforeseen error, we refund the call credit based on the following method. The average top up life time is considered 45 days and the refund is made for the remaining balance of a £5 call credit starting from the last Top-Up date.

    CALL CHARGES :

  • Call rate of our products on the website and advertising material are subject to +/- 3% tolerance due to third party technical anomalies and/or currency exchange rate variations. 3% being the extreme case.

ACCEPTABLE USE POLICY

  • You agree to use the Calling Card or Account for the purpose of using the Services.
  • You agree not to use the Calling Card or the Account and not to permit another person to use your Calling Card or the Account :
    • fraudulently or in connection with a criminal offence;
    • for the purpose of making an unsolicited communication or storing and/ or communicating any material which is offensive, abusive, indecent, defamatory, obscene or menacing, a nuisance or a hoax, or which is a breach of privacy, an infringement of copyright, or is otherwise unlawful
    • to knowingly and deliberately cause annoyance, inconvenience or needless anxiety to another person
    • to make any offensive, abusive, indecent, defamatory, obscene or menacing call to any Customer Services Department representative
    • to transmit a virus or other malicious software, use the Services in a manner that impairs the operation or security of the Network or may cause death, personal injury or damage to property
    • with equipment that is not approved for use with the Network
    • And to support calls to call forwarding services ,onward calling services or calls to telephone numbers which pay a revenue share or resell to others or commercially exploit our Services.
    • Otherwise than in line with the conditions of this Agreement
  • If CallCeylon reasonably suspects that you have failed to comply with any of the provisions of clause 5.2, CallCeylon shall have the right to suspend, partially or fully, your access to the Services and / or terminate this Agreement without prior notice and with immediate effect. If CallCeylon terminates this Agreement for this reason, your Account will be deactivated.
  • Upon activation of an Account, the purchase of a Top-Up credit or the use of the Top-Up Services, you may be required to register your Personal Data with CallCeylon, such as your name, address, date of birth, credit card or debit card details. If CallCeylon determines that the Personal Data that you provide is false, CallCeylon shall have the right to suspend, partially or fully, your access to the Services and/ or terminate this Agreement without prior notice and with immediate effect. If CallCeylon terminates this Agreement for this reason, your Account will be deactivated.

DATA PROTECTION AND PERSONAL DATA

  • CallCeylon will only generate, collect, use, process and store your Personal Data in accordance with all applicable laws and regulations, as amended from time to time.
  • CallCeylon has implemented appropriate technical and organisational security measures to protect your Personal Data against accidental or unlawful destruction, accidental loss or alteration, or unauthorised or unlawful storage, processing, access or disclosure.
  • By registering or activating an Account with CallCeylon, you consent to CallCeylon collecting, processing and sharing Personal Data provided by you or generated in the course of supplying the Services to you, including details of voice calls, messages or data that you have sent ("Traffic Data") for the purpose of:
    • supplying the Products and Services to you
    • the administration of your Account by the Customer Services Department
    • providing you with service information, for example about Network faults
    • the prevention or detection of fraud
    • arket research and profiling your usage and purchase preferences
    • And complying with applicable laws and regulations.
  • For CallCeylon to perform its obligations under this Agreement, CallCeylon may need to disclose your Personal Data to other companies that will process your Personal Data on behalf of CallCeylon. These third parties are permitted to use your data only in accordance with our instructions and the law.
  • CallCeylon may also need to transfer your Personal Data to third parties, for example our suppliers and service providers, in countries outside the European Economic Area. For example, CallCeylon uses call centre and technical services from an associated company based in Sri Lanka. Where the data protection laws of these countries do not provide the same level of data protection as in the UK, we will take steps to ensure your privacy rights are at least as compliant with the requirements of UK law, including requiring appropriate security measures from such third parties, set out in a contract between us, to protect your Personal Data; and monitoring compliance with such security measures for the lifetime of our relationship with such third parties.
  • CallCeylon may from time to time monitor or record your conversations with the Customer Services Department. This may be done for quality control purposes, to improve the Services, to ensure compliance with governmental, regulatory or enforcement agency requests or to detect fraud.
  • CallCeylon will, subject to the applicable laws and regulations, provide you with a copy of your Personal Data stored by CallCeylon upon your written request. CallCeylon may charge a nominal administration fee for providing you with a copy of your Personal Data. It is your responsibility to notify CallCeylon of any changes to any Personal Data provided by you to CallCeylon. You may also request that any incorrect information is corrected. Where permitted by the applicable laws and regulations, CallCeylon will delete Personal Data upon your written request.
  • CallCeylon may contact you by post, telephone, e-mail or SMS to let you know about products and services offered by CallCeylon. We do not pass your data to any other entity outside CallCeylon for any purpose what so ever.

LIABILITY OF CallCeylon

  • CallCeylon does not accept any liability for the delivery, performance and use of the Products and Services other than as stated in this Agreement.
  • CallCeylon is not responsible for damage or loss or inconvenience incurred by you and that results from the content of any voice call,message or data sent or received by you.
  • CallCeylon is not responsible for damage or loss or inconvenience incurred by you and that results from the involvement of a third party, including governmental, judicial or administrative bodies.
  • CallCeylon is not responsible for any damage or loss incurred by you where such damage or loss is indirect or not a reasonably foreseeable result of a breach by us; nor where we are not at fault or to the extent you have contributed to the damage or loss.
  • In the event your Account details or Calling Card are lost or stolen, or you believe your Account details or Calling Card are being used in a fraudulent or improper manner by another person, you must promptly contact the Customer Services Department. CallCeylon will then be able to block the use of your Account details or Calling Card. If you fail to promptly contact the Customer Services Department, you will be liable for all Charges relating to the use of Account or Calling Card until you do notify us, regardless of whether the Charges were incurred by you or someone else.
  • CallCeylon is not responsible for the failure of any retail outlet to properly process any payment you made. In these cases, you should contact the retail outlet where you obtained your Calling Card or purchased your Top-Up credit and request a refund.
  • You are advised that it is illegal to operate a mobile telephone while driving a motor vehicle, and acknowledge the inherent risk in the use of a mobile telephone while driving a motor vehicle. CallCeylon is not responsible for damage or loss or inconvenience incurred by you and that results from any accident caused by the use of a mobile telephone while driving a motor vehicle.
  • Nothing in this Agreement shall exclude or limit the liability of either Party for death or personal injury caused by that Party's negligence, liability arising under the Consumer Protection Act 1987 or the consequence of wilful misconduct, fraud, gross negligence of that Party or any other liability which cannot be excluded or limited by applicable law.
  • CallCeylon is not responsible for any damage or loss or inconvenience incurred by you, and will not be liable to provide the Products or Services, as a result of any reason outside the control of CallCeylon, including but not limited to an Act of God, natural disaster, industrial action, war (whether declared or undeclared), civil unrest or acts of terrorism, acts of government or local authority or regulatory body, or any act or decision made by a court of competent jurisdiction. These reasons are also known as "force majeure".

CHANGES TO THE AGREEMENT

  • CallCeylon reserves the right to change these terms and conditions for legal or regulatory reasons. We may also need to change these terms and conditions as a result of changes by our Network suppliers or for other technical or commercial reasons, such as changes to our Products and Services. We may also change our Charges or introduce new Charges. Changes to Charges will be reflected in our tariff table from time to time.
  • If a change will be materially detrimental to you, CallCeylon will give you at least one month's notice. If you do not accept a change which is notified to you as materially detrimental then you can cancel this Agreement or cease using the Services or topping-up your Account. If you use the Services or top-up your Account after CallCeylon makes a change, then you are deemed to accept the change.
  • Please check our website regularly for any changes. We may also notify you of changes by way of advertisement in the national media, by email, by post, or by text message or by other reasonable means. We may also place a recorded message on the phone number for our Customer Services Department.

GENERAL PROVISIONS

  • If you have a complaint or query about the Products or Services you can contact our Customer Services Department in the ways set out in clause 1.6 of this Agreement.
  • This Agreement represents the entire agreement between CallCeylon and you in relation to the Products and Services. It takes precedence over all prior agreements (written and oral), and all representations or other communications between CallCeylon and you. The retail outlets are not authorised by us to amend this Agreement or to agree any terms which are inconsistent with these terms and conditions.
  • No term or condition of this Agreement is enforceable by any third party (a person who is not a party to this Agreement) under the Contracts (Rights of Third Parties) Act, 1999.
  • Failure or delay by either CallCeylon or the Customer to enforce any right under this Agreement shall not prevent CallCeylon or the Customer (as the case may be) from taking further action.
  • If any term or condition of this Agreement is determined to be partially or wholly void or unenforceable by any court or body of competent jurisdiction or as a result of any legislation, it shall be void and unenforceable only to that extent. The validity and enforceability of the other terms and conditions shall not be affected.
  • CallCeylon is entitled to assign all of its rights and obligations under this Agreement to a third party. You are entitled to assign all of your rights and obligations under this Agreement to a third party with the written consent of CallCeylon.
  • This Agreement is governed by English law and the English courts will have exclusive jurisdiction over any dispute under this Agreement.