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1. Interpretation
*In all cases within these Terms and Conditions , Redstone Communications Limited is the service provider on behalf of Visit London Limited.
1.1 In these terms and conditions, save where otherwise specifically provided or the context otherwise requires:
"Account" means the account designated by Redstone (on behalf of Visit London) to Customer in connection to the Services and "Account Number" means the reference number for the Account;
"Authorisation Code" means the personal identification code assigned to the Customer for the Customer's use of the Service;
"Contract" means the contract between the Customer and Redstone incorporating these terms and conditions;
"Customer" means the person with whom Redstone contracts (on behalf of Visit London) under the Contract;
"Totally London Phonecard Service" means the telecommunication services provided by Redstone that allows the Customer to make domestic or international telephone calls from selected countries.
"Redstone": means Redstone Communications Limited (company number 03021292);
“Visit London” means Visit London Limited (company number 761149) Visit London is the official Visitor organization for London
"Services" means the Totally London Phonecard Service provided by Redstone;
"Site" means www.callingcardsonline.com/visitlondon; and
"Totally London Phonecard Service" means the telecommunication services provided by Redstone that allows the Customer to make domestic or international telephone calls from the United Kingdom.
1.2 Words in the singular include the plural and vice versa.
2. Registration
2.1 The Customer warrants that the information provided by the Customer during the registration process for the Service is full and accurate and shall promptly notify Redstone of any changes to the information. The Customer consents to Redstone's use of the Customer's personal information, provided such use is in accordance to Redstone's privacy policy
2.2 Once the Customer has completed the registration process, Redstone will confirm whether or not the Customer's application for the Services is accepted. Once the application is accepted, Redstone shall set up an Account for the Customer and send the Account Number and the Authorisation Code to the Customer via email. The Customer is responsible for maintaining the confidentiality of the Account Number and Authorisation Code, and is fully responsible for all activities that occur under their Account.
2.3 By registering for the Service, Customer agrees to the immediate provision of the Service and cannot cancel the Service under the Consumer Protection (Distance Selling) Regulations 2000.
2.4 By selecting to receive ‘London Information’ the Customer consents to Visit London’s use of the customers personal information, provided such use is in accordance with Visit London’s privacy policy.
3. Use of the Service
3.1 If the Customer opens an Totally London Phonecard Service Account, telephone calls may be made by the Customer from telephones situated in as many countries as agreed by the Customer and Redstone from time to time. Redstone will notify the Customer in writing and/or by publishing on the Site of any additional countries added to the system from time to time.
3.2 Redstone undertakes to exercise reasonable skill and care in the provision, operation and maintenance of the Service but does not guarantee that the Service will be free from interruptions and defaults. However, Redstone shall use reasonable endeavours to remedy any faults materially affecting the Service as soon as reasonably practicable and provided it is given reasonable notice the Customer permits Redstone to suspend the Service to carry out maintenance work.
4. Limitation of the Use of the Service
4.1 The Customer shall use all reasonable endeavours to ensure that:
4.1.1 No person other than the Customer shall use the Service for the purpose of making the calls.
4.1.2 No person other than the Customer shall use acquire knowledge of the Customer's Authorisation Code.
4.1.3 No person shall use or attempt to use the Service for the purpose of making telephone calls after the Contract has for any reason been terminated.
4.2 The Customer shall ensure that the Service is not used for malicious, abusive, harassing, racist, blasphemous or libellous purposes or to assist in any illegal act and that the Service is not resold to third parties.
4.3 Unless otherwise previously agreed call length will be limited to a maximum of 120 minutes.
5. Irregular Disclosure of Authorisation Code
5.1 The Customer shall notify Redstone immediately in writing or by phoning 0845 200 2000 (or such other numbers as may be notified to the Customer from time to time) on becoming aware that its Authorisation Code has been irregularly disclosed or is being used fraudulently. Redstone reserves the right to suspend the Service immediately upon receipt of such notice by blocking the Authorisation Code and as soon as reasonably practicable shall issue the Customer with a new Authorisation Code.
6. Deposits, Charges and Refunds for the Service
6.1 In order to open an Account, the Customer is required to make a minimum credit payment of £10. The Service is provided on a pre-paid basis and the Customer must have sufficient credit in their Account for calls made. The Customer may opt to make automatic £10 payments into their Account whenever their Account falls below £5.
6.2 ALL CREDIT PAYMENTS ARE NON-REFUNDABLE.
6.3 Credits paid into an Totally London Phonecard Service Account will expire 180 days after first use or top-up whichever is the later and credits paid in a Visit Britain Account will expire 90 days after first use or top-up whichever is the later.
6.4 All charges of whatever nature and relating to the use of the Service shall be such as Redstone shall determine from time to time and Redstone shall be entitled to alter the rate of charges in accordance with this clause.
6.5 Whenever Redstone determines a revision to its tariff, it shall as soon as possible and in any event not less than 14 days before such change is due to become in force, send details of it (including the operative date) to the Customer as a result of its use of the Service.
6.6 The Customer will have access to an online record of their transactions , detailing the charge incurred by the Customer as a result of its use of the Service.
6.7 Payment under the Contract shall be made in pound sterling.
6.8 All charges referred to in the Contract are exclusive of value added tax and any other taxes of a similar nature, which may from time to time be payable.
6.9 For avoidance of doubt the Customer shall not be liable for the cost of any telephone calls made by a third party following notification of the misuse of its Authorisation Code in accordance with clause 5 above.
6.10 Unless otherwise stated all rates and prices are exclusive of value added tax.
7. Customer Enquiries
7.1 Any Customer enquiries should be addressed to Redstone's Customer Service department currently at 80 Great Eastern Street, London EC2A 3RS. Tel: 0845 200 2000.
7.2 Redstone will investigate fully all Customer enquiries and, if following such investigation Redstone agrees to refund any monies to the Customer, such refunds will be credited directly to the credit card account of the Customer.
8. Default
8.1 If Redstone fails to observe or perform to a material extent any of the provisions of the Contract, then the Customer may (without prejudice to any other right or remedy) terminate or suspend the Contract immediately upon written notice.
8.2 The provisions contained in this clause 8 shall not relieve the Customer from liability to pay Redstone all charges incurred by the Customer in respect of any and all telephone calls made by the Customer prior to the termination of the Contract and nor shall it relieve Redstone from any liability incurred by Redstone to the Customer arising from the provision of the Service prior to termination of the Contract.
9. Termination/Suspension of the Service
9.1 The Services will automatically be terminated where Services are not used for a period of 180 consecutive days and credit payments in the Account will expire in accordance to clause 6.
9.2 At any time after the Customer has enrolled to the Service, the Contract or the provision of any service or facility under it may be terminated for any reason whatsoever:
9.2.1 by Redstone giving at least fourteen days written notice to the Customer or;
9.2.2 by the Customer giving at least fourteen days written notice to Redstone
9.3 Redstone may terminate the Contact with immediate effect if Redstone ceases to hold a licence enabling it to provide the Service.
9.4 Redstone may suspend the Service until further notice without compensation if Redstone is obliged to comply with an order, instruction or request from any government, emergency services organisation or other competent administrative authority. In such instances, where reasonably practicable, Redstone will provide notice to the Customer but it may not be possible to provide in such circumstances.
9.5 The provisions contained in this clause 9 shall not relieve the Customer from liability to pay to Redstone all charges incurred by the Customer in respect of the Customer's use of the Service prior to the termination of the Contract.
10. Limitation of Liability
10.1 Nothing in the Contract shall exclude or restrict Redstone's liability to the Customer for death or personal injury resulting from the negligence of Redstone, Redstone's liability under the Consumer Protection Act 1987, fraud or such other liability which cannot be excluded or limited by law.
10.2 Subject to clauses 10.1, 10.3, 10.4 and 13, Redstone's aggregate liability under this Agreement shall be limited to £10,000 or the Customer's spend over the previous 12 months whichever is greater.
10.3 Subject to clause 10.1 Redstone shall not in any circumstances be held liable to the Customer for any loss (of whatever nature) suffered by the Customer as a result of the actions or omissions of third party credit card processors.
10.4 Subject to clause 10.1 Redstone shall not in any circumstances be liable to the Customer for any indirect or consequential losses or loss of business profits, business contracts or anticipated savings however these may arise or for any other unusual losses.
10.5 Nothing in the Contract affects the statutory rights of the Customer when dealing as a consumer.
11. Variation of Terms and Conditions
Redstone reserves the right from time to time to amend any of the provisions of the Contract (to reflect any changes in the business or operations of Redstone) provided that Redstone shall give no less than 14 days notice of such amendments (including the operative date) to the Customer in writing and/or by notice on the Site and provided that if the Customer does not accept such amendments the Customer can end the Contract immediately by giving Redstone written notice to terminate.
12. Service of Notice
12.1 Any notice or other document which may be given or served by Redstone under the terms of the Contract shall be deemed to have been truly given or served if left at or sent by post to the address provided by the Customer during the registration process as the Customer's address, or at an address notified in writing to Redstone by the Customer or Authorise User as an address to which accounts may be sent. Redstone's current address for the service of any notices by the Customer to Redstone under the terms of the Contract shall be 80 Great Eastern Street London EC2A 3RS Tel:0845 200 2000 Fax: 0845 200 2002.
12.2 Redstone shall notify the Customer in writing and/or by notification on the Site if its address changes during the term of the Contract.
13. Force Majeure
Redstone shall not be liable for any breach of the Contract caused by acts of God, insurrection or civil disorder, war, military operations, national or local emergency, acts or omissions of government, highway authority or other competent authority, industrial disputes of any kind, fire, lightening, explosion, flood, subsidence, inclement weather, acts or omissions of persons or bodies for whom Redstone is not responsible, or arising from any other cause whether similar or dissimilar outside Redstone's reasonable control and whether caused within or outside the United Kingdom.
14. Waiver
Neither Redstone or the Customer will lose any right they may have under this Agreement if they do not use that right or delay in using it. Using a right or part of one will not prevent either Redstone or the Customer from using that right or any other right in the future.
15. Jurisdiction
The Contract is governed by English law and both Redstone and the Customer agrees to submit to the exclusive jurisdiction of the English courts.
16. Exclusion of Third Party Rights
Unless expressly provided in the Contract, no term of the Contract is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
For information about your personal details held with us, please see our privacy statement.
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