Terms & Conditions
The Wonderful Foundation Website is operated by TWF (‘we’ or ‘us’ in these terms and conditions) and we shall be supplying any services bought through the Wonderful Foundation Website to you on the terms and conditions set out below.
Definitions
In these terms and conditions the following words have the following meanings:-
Customer Support: the service of providing a customer support team who are dedicated to problem solving for the Number Service via the Wonderful
PhonepayPlus: The organisation responsible for regulating premium rate services in the UK in their entirety, including without limitation content, promotion and overall operation of premium rate services through its Code of Practice (formerly ICSTIS).
Number Service: Provision of an automated charity donation line any other call management services available on the Wonderful Foundation Website and any associated Customer Support (if any).
Ofcom: the Office of Communications or such other similar statutory body appointed to oversee the telecommunications industry
Premium Rate Number: a number with a prefix 09 which are designated for the provision of Premium Rate Services which offer some form of content, product or service that is charged to users' telephone bills.
Premium Rate Services: has the same meaning as Section 120 of the Communications Act 2003, or as amended from time to time by any other similar legislation which governs the use of premium rate services.
The Wonderful Foundation Website: www.wonderful.org
TWF: The Wonderful Foundation Ltd, 4th Floor, South Wing, Metropolitan House, Station Road, Cheadle Hulme, Cheshire SK8 7AZ
1. The contract between us
1.1 We will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
1.2 Where you request the Number Service:
a) You shall be deemed to have accepted the Number Service on the date you are notified by us that the Number is operational.
b) We will provide the Number Service ordered with reasonable care and skill but we do not warrant or undertake that this will cause the Number Service to operate without fault or interruption.
c) We cannot guarantee the quality of a product or service provided by a third party for and on your behalf, however, we will use reasonable endeavours to resolve any disputes.
d) We shall use all reasonable endeavours to correct as soon as is reasonably practicable any fault notified by you.
e) You warrant and undertake that you shall in your use of the Number Service comply with our acceptable usage policy (below), any relevant legislative and regulatory provisions and shall not use the Number Service for any illegal purpose and shall indemnify us in respect of any liability howsoever incurred as a result of a breach of this clause.
f) In no event we or our network service suppliers be liable for any damages, including but not limited to loss of data, loss of revenue or profits, or for any other special, incidental, indirect or consequential damages, arising out of or in connection with the use of or inability to use the Number or Number Service provided hereunder.
g) We and our network service suppliers disclaim all express and implied warranties, including warranties of merchantability and fitness for a particular purpose. Neither us or our network service suppliers will be liable for unauthorised access to or alteration, theft or destruction of end user's data files, programs, procedures or information through accident, fraudulent means or devices, or any other method, regardless of whether such damage occurs as a result of our or our network service suppliers' negligence.
h) You shall indemnify us and shall hold us harmless against any and all losses, damages, costs and expenses arising from or in connection with any claims or proceedings brought by third parties against us in respect of or arising directly or indirectly from the resale of services.
i) Any notice required or authorised to be given may be delivered to us by post at our registered office and to you by post to the last known address which we hold and shall be deemed to have been served 72 hours after posting.
j) In the case of any customer who is an individual about whom we process personal data (as defined by the Data Protection Act 1998), we may use such data to provide you with details of our other products which may be of interest you.
k) In the event of a dispute between the parties concerning this agreement each of the parties, shall in the first instance, bring the dispute at the earliest opportunity to the attention of a director or similar officer of TWF.
l) If the Number Service remains unused for 90 days, we reserve the right to withdraw the Number Service and recover any Premium Rate Number(s) associated with the Number Service.
m) If a Premium Rate Number is withdrawn by Ofcom or PhonepayPlus or any of our suppliers for reasons beyond our control we reserve the right to withdraw the Number Service and recover the Premium Rate Number(s) associated with the Number Service from you immediately. We will use our reasonable endeavours to supply you with another Premium Rate Number which is acceptable to you.
n) If within 14 days of placing an order for the Number Service through the Wonderful Foundation Website you are for any reason not entirely satisfied with your purchase you may cancel this agreement and we will return the initial fee paid by you (if any).
3. Duration
3.1 Where you order the Number Service these terms and conditions and this agreement will commence for a minimum period of 3 months and will continue to apply indefinitely (as from time to time varied) unless and until determined in accordance with the following provisions:-
3.1.1 By you giving not less than 30 days notice in writing to us expiring at any time after the initial period (but with out prejudice to any claim we may have for any antecedant breach of any other of these terms and conditions) or
3.1.2 By us in accordance with the remaining terms and conditions of this agreement.
4. Liability
4.1 If the Premium Rate Number or Number Service we provide are not what you ordered or are defective, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the the provision of the service.
4.2 If you notify a problem to us under this condition, our only obligation will be, at our option: 4.2.1 to repair the defective service 4.2.2 to replace any service that is defective; or 4.2.3 to refund to you the amount paid by you for the Premium Rate Number or Number Service (if any) in question.
4.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) by reason of any breach or non-performance of our obligations under this agreement and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Premium Rate Number or Number Service (if any) in question under clause 5.2 above.
4.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have under applicable local law or other statutory rights that may not be excluded.
4.6 You are solely responsible for ensuring compliance with all relevant regulations and legislation relating to the ownership and use of a Number including without limitation The Communications Act 2003, any rules laid down by Ofcom and PhonepayPlus including any relevant codes of practice. You will indemnify us and hold us harmless against any liability we suffer as a result of any act or omission by you in breach of this clause.
5. Notices
5.1 Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at helpdesk@wonderful.org and all notices from us to you will be displayed on the Wonderful Foundation Website from time to time.
5.2 It is your responsibility to regularly revisit the Wonderful Foundation Website to check for any notices which may have been posted on it.
6. Events beyond our control
We shall have no liability to you for any failure to provide the Number of Number Service you have ordered or any delay in doing so or for any damage or defect to the Number or Number Service provided that is caused by any event or circumstances beyond our reasonable control including, without limitation, acts of god, strike, lock-outs, and other industrial disputes and breakdown of systems or network access.
7. Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these conditions will not be affected.
8. Privacy
You acknowledge and agree to be bound by the terms of our privacy policy, a copy of which can be obtained from the Wonderful Foundation Website.
9. Third party rights
9.1 Except for our affiliates, directors, employees, or representatives and except as provided in this agreement, a person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
9.2 This agreement and all rights under it may be assigned or transferred by us.
10. Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have non-exclusive jurisdiction to resolve any disputes between us.
11. Entire agreement
These terms and conditions, together with our current website prices, resumption of services charges, reconnection charges, reactivation charges, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of Numbers or Number Services to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any Number or Number Service offered by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
12. Acceptable Usage Policy
The following policy is intended to be a guideline as to our acceptable usage policy which sets out violations of the accepted norms of the internet community and is not intended to be exhaustive. We reserve the right at all times to protect our reputation and goodwill.
12.1 You must not use the Number Service or allow anyone else to do so in contravention of the following clauses:
a) To commit or encourage a criminal offence;
b) To send or receive any material which is offensive, or which maybe construed as abusive, indecent, obscene or menacing, or in breach of confidence, copyright, privacy or any other rights;
c) Do anything which is contrary to the acceptable use policies of any connected networks and internet standards;
d) Insert or knowingly or recklessly transmit or distribute a virus;
e) Hack into or disrupt any aspect of the Number Service;
f) You must not use your account for the purpose of obtaining unauthorised access to any computer or service, or to circumvent, or attempt to seek to circumvent, any of the security safeguards of the Wonderful Foundation Website or any of our suppliers' websites;
g) Cause annoyance to any other users of the Wonderful Foundation Website;
h) So as to infringe upon the intellectual property rights of any other person whether in statute or common law, whether registered or not;
12.2 You must ensure that our equipment cannot be used to relay mail for a third party.
12.3 You are responsible for maintaining the confidentiality of your username and/or password assigned to you on registration. As a result you are fully responsible for all acts or omissions which are caused or omitted during any access of the Wonderful Foundation Website when using the username and/or password, whether or not the username and/or password has been used unlawfully by a third party. You must notify us immediately if you become aware of any unauthorised use of your username and/or password.
12.4 You must not do any act nor omit to do any act or allow anyone else to do any act or omit to do any act in contravention of the any of provisions of the Communications Act 2003 or any other similar rules relating to usage of communications systems laid down by Ofcom and PhonepayPlus.
12.5 If any of the above conditions are breached, we reserve the right to immediately terminate your Number and Number Service without compensation in addition to any other rights reserved pursuant to clause 1.3 e) or any other clause of these terms and conditions.
Version 1.0 01/02/08