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KDDI CALL SERVICE TERMS & CONDITIONS
KDDI CALL
“PuriTALK”
1. KDDI Europe Limited (hereafter referred to as
KDDI) will supply you with facilities (the subscriber of “PuriTALK”) to make and
receive voice telephone calls.
2. In order to protect access to your
account from unauthorised persons, you:
a) shall take care not to
disclose account or security code numbers to another person, other than an
authorized operator or technician employed by an approved telecommunications
company for the purpose of programming software or equipment to access the KDDI
system, or an employee or person authorised by KDDI.
b) shall change the
security code from time to time, or when you suspect the possibility of
unauthorised present or future use of the account. In the case of suspected
unauthorised use, you should inform KDDI immediately.
3. You agree and
undertake:
a) to use the Service in accordance with these terms and
conditions as may be varied by KDDI either by written notice or by notice
published on KDDI’s homepage from time to time.
b) not to use the Service
for any wrongful or unlawful purpose,
c) to be responsible for any
liabilities, claims, damages, losses and reasonable expenses arising from any
breach of the customer’s undertakings in 3(a) and 3(b) above.
d) to
ensure that any written notification to KDDI of change in address and/or payment
details.
e) to ensure that any and all information provided to KDDI is
accurate.
4. KDDI shall not be liable to you for any direct or indirect
loss (whether or not foreseeable) in the event of any failure by KDDI to provide
the Service due to any circumstances including any failure by third parties that
KDDI relies on to provide the Service.
5. Nothing in these terms shall
exclude or limit liability for death or personal injury caused by
negligence.
6. Disclosure of account details to persons other than the
authorised employees of KDDI is entirely at your risk.
7. You shall be
liable for all charges and fees arising from the use of the account whether
authorised or unauthorised, unless such unauthorised use is solely attributable
to an act or omission on the part of KDDI.
8. Subject to clause 4 above,
where KDDI fails to provide the Service the total liability of KDDI to you is
limited to the increased cost of obtaining a similar Service from an alternative
indirect access Service provider.
9. Usage charges will be at the rates
shown in the current prepaid KDDI price list, and are subject to change without
prior notice.
10. Any credit on your account which remains unused within
182 days from the date such credit is made to the account shall expire and will
not be refundable.
11. “Auto Recrediting” set up is mandatory for the
Service, and you are obliged to submit the “KDDI Registration Form” within 14
days of acceptance of your application by KDDI.
12. Any credit purchased
or provided free by KDDI without “Auto Recrediting” will be non-refundable. Free
credit provided will be suspended immediately upon refusal of “Auto Recrediting”
set up.
13. The minimum top up amount is £25 (or such other sum as may be
specified from time to time).
14. Any refunds will be refunded in the
manner in which the payment was made, at the prevailing exchange rate. KDDI
reserves the right to use an alternative payment method where necessary. Any
bonus or promotional credit entered on an account shall be
non-refundable.
15. These terms and conditions also relate directly to
other Residential Services that KDDI may offer save where specified terms apply
for such Services, separate usage charges may apply.
16. KDDI reserves
the right to close an account with a customer for any reason, and subject to
clauses 10 and 12, will return credit unused at that time.
17. KDDI may
request you to provide proof of address to authenticate the payment.
18.
All accounts must be closed by you in writing. A written request to close an
account must clearly state your account number and your intention to close said
account. Where less than £5 remains in an account, KDDI will not refund unused
credit.
19. KDDI shall have the right to make such enquiries as to the
credit worthiness of the customer and you consent to the disclosure to KDDI by
such parties of information relevant for such purpose.
20. You consent to
KDDI sharing this information with third parties in accordance with our Data
Protection scheme, in order to facilitate management and administration of the
Service.
21. You agree that KDDI’s records are conclusive evidence of
your use of the Service and the charges payable. You accept that use of the
direct dial facility by any person making telephone calls from telephone
number(s) nominated by you shall be deemed to be authorised by you and that you
shall pay any charges arising from such use.
22. If any term or
provision, or portion thereof, of this 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 unaffected and in full force and effect.
23. These
terms constitute a legally binding Agreement between KDDI and the
customer.
24. This Agreement may not be assigned in whole or part without
the prior written consent of KDDI such consent not to be unreasonably withheld.
KDDI may assign this Agreement at any time.
25. The termination of this
Agreement howsoever arising shall not affect such of the provisions hereof as
are expressed to operate or have effect thereafter.
26. KDDI’s address
for service of notices is Atlas House 1 King Street London EC2V 8AU(or such
other address as KDDI may specify).
27. Use of the Service constitutes
acceptance of these terms and conditions.
28. These Terms are governed by
and construed in accordance with English Law and the parties submit to the
exclusive jurisdiction of the English Courts for the purposes of enforcing any
claim arising under these Terms without prejudice to KDDI’s right to bring
proceedings in any other court of competent
jurisdiction.
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