SWIFTCALL e-PIN TERMS & CONDITIONS
Definition: "Swiftcall" means the service provided by KDDI Europe Limited.
1. The display of our e-PIN order form on our Web site amounts to
an invitation to treat only and not an offer to sell the relevant
e-PIN at the price indicated. Any order made by you shall be deemed
to constitute an offer of purchase. No contract for the supply of
any e-PIN will be deemed to exist until we send to you details of
the e-PIN(s) ordered by e-mail using the address supplied by you
on the e-PIN order form. Any such contract shall be deemed to be
concluded in the UK. We reserve the right to refuse any order placed
by you.
2. You agree that any information provided by you will be true,
accurate and complete and confirm that you are eighteen years or
over.
3. You agree and undertake:
a) to use our service in accordance with these Terms and Conditions
as may be varied by us
b) not to use our service for any wrongful or unlawful purpose.
c) to indemnify Swiftcall against all liabilities, claims, damages,
losses and expenses arising from any breach of your undertakings
in 2(a) and 2(b) above.
d) to keep all e-mails containing e-PIN numbers confidential.
4. You acknowledge that ownership of any e-PIN remains our property
until payment is made in respect of such e-PIN.
5. Usage charges are subject to change without prior notice. We
will endeavour to ensure that the relevant e-PIN rates shown on our
web site are currently accurate.
6. We shall not be liable to you (or to anyone claiming through
you) for any direct or indirect loss (whether or not foreseeable)
in the event of any failure to provide the service due to any circumstances
beyond our reasonable control including any failure by third parties
that we rely on to provide the service.
7. We shall not be liable for any loss due to circumstances beyond
our control and may temporarily suspend the service for system modifications
or maintenance. We shall use reasonable efforts to keep such suspension
to a minimum.
8. Subject to clause 6 and 7 above, where we fail to provide the
service our total liability to you is limited to the increased cost
of obtaining a similar service from an alternative indirect access
service provider.
9. Nothing in these terms shall exclude or limit liability for
death or personal injury caused by our negligence.
10. Any e-PIN shall expire 90 days from the first use.
11. e-PIN functions in the UK and specified countries nominated
in our e-PIN roaming facility, see our web site for further details.
12. If you are unhappy with your e-PIN purchase. You must notify
us within seven days of delivery. If any e-PIN fails to operate we
reserve the right to provide a replacement and to charge you for
any calls prior to the fault developing.
13. Use of our Web site constitutes acceptance of these Terms and
Conditions.
14. If any term or provision, or portion thereof, of the Agreement
shall be invalid or unenforceable, to that extent it shall be deemed
omitted or omitted to the extent necessary to render it valid and
enforceable, the remainder of the Agreement shall remain in full
force and effect.
15. We reserve the right to change the Terms and Conditions at
any time, such changes are effective immediately upon the posting
an updated version of the Terms and Conditions on our Web site.
16. If you have any problems with your order, please contact Customer
services at epinenquiries@swiftcall.com. You may also write to us
at Swiftcall Division, KDDI Europe Ltd., 7th Floor, Tower Bridge
House, St. Katharine's Way, London E1W 1BA (or such other address
as we may specify from time to time). Service provided by Swiftcall.
17. This Agreement and shall be governed and construed in accordance
with the laws of England and Wales and the parties submit to the
exclusive jurisdiction of the English Courts. Without prejudice
to the foregoing, we may bring enforcement proceedings in another
county on foot of any UK judgement.
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