These terms and conditions (the “Cheers Terms”) shall apply in respect of any: (i) telephone pre-paid calling cards ("Cards"); and/or (ii) national and international telephone services (“Services”) accessed by using a personal identification number (“PIN”), pre-established telephone accounts and/or premium rate telephone services. Cards and/or Services are all supplied by Cheers group of companies and having the registered office at Britannia House, 1-11 Glenthorne Road, London W6 0LH (“Cheers”) to you (the “Customer”) on the purchase of such Cards and/or Services. Section A of these Cheers Terms only apply to Customers who are consumer end-users of Cards and/or Services provided by Cheers ("Consumers"). Section B only applies to Customers who are not Consumers but who purchase Cards and/or Services from Cheers and re-sell them to their own customers ("Re-sellers"). Section C applies to all Cheers Customers.

By placing an order, the Customer accepts these Cheers Terms.

SECTION A: CHEERS TERMS FOR CONSUMERS
Any Consumer under the age of 18 must first obtain the permission of the Card or PIN owner and the person who pays the bill for the phone used to access the Services.

Contract
If the purchase is made from the Cheers website, the contract between the Consumer and Cheers comes into existence on acceptance of the Consumer's order by on-line confirmation from Cheers. Cheers is entitled to cancel a contract with the Consumer in the case of any obvious typographical or arithmetical inaccuracies appearing on the Cheers website. Cheers does not accept liability for loss caused due to any technical difficulties on the Cheers website. In the event of any technical difficulties, Cheers reserves the right to suspend the website service without any notice or incurring any liability. Cheers may not keep a copy of these Cheers Terms and a Customer's web order. Please print and retain copies for future reference.

Normally a Service will expire sixty days after it is first used; on expiry of the Service, the contract between Consumer and Cheers ends.

Payment
If the purchase is made from the Cheers website, the Consumer agrees to pay to Cheers the "Pay" amount, as displayed on the final order page on the Cheers website before the order confirmation page.

Charges
Charges for Services used by Consumers are calculated using destination call rates and additional charges, if applicable. Access charges start from the time that you connect to the Cheers system using one of our access numbers, destination charges will apply when we connect your call to its final destination. All call charges are rounded to the nearest pence per minute. Obtain bill payers permission before calling 09 numbers. Charges for 09 access numbers are from BT landlines.

Your mobile or fixed telecommunications service provider will charge you for making calls to Cheers using national, local, 0800, 0844, 0871 and 09 access numbers. You should take such additional charges into account before using any of our Services. Please check with your telecommunications service provider for details.

Destination Call Rates
Destination call rates are the pence per minute rates that apply to Services provided to connect the Consumer to the destination he or she has dialled. Our current destination call rates are available on relevant pages of the Services you choose. If you are calling from a fixed line or a payphone, a surcharge of up to 25 pence per minute will apply to our rates, depending on the level of transit charges we have to pay.

Use of Cheers Services
We grant you a non-exclusive, non-transferable right to view and use the Best Mobile Saver Services and the Content (as defined in the following) via your Device for and subject to your compliance with these Terms of Service.

Changes to Charges
So that we can offer our most competitive call rates and services, Cheers uses several international network operators to find the best price available to it and updates its prices to Consumers frequently to reflect these changes. The rates that apply at the time of using our Services may therefore be different from those advertised on our website.

Cancellation of contract
For purchases made using the Cheers website or the Cheers call centre, the Consumer has the right, in addition to its other rights, to cancel the contract and receive a refund. To do so, the Consumer must inform Cheers in writing of its desire to cancel within seven (7) working days, starting on the day after the delivery of the Cards and/or Services to the Consumer. In order to claim a refund the Consumer must return the Cards to Cheers at the Consumer's cost and must adequately insure the Cards during any return shipment. The Consumer can ask Cheers to arrange for collection of any Cards that the Consumer wishes to return but Cheers will charge for any collection service and may deduct this charge from any refund. Cheers shall refund the total amount of money paid by the Consumer for the Cards and/or Services, less any collection costs, within 30 days, starting with the day on which Cheers receives a notice of cancellation in writing. Once the Consumer has notified Cheers of its desire to cancel the contract, the Consumer must take good care of the Cards, and ensure they remain unused and undamaged with no PINs visible.

SECTION B: CHEERS TERMS FOR RE-SELLERS
Re-sellers must display the most recent version of any posters or other advertising material supplied by Cheers from time to time. All such materials will at all times be prominently displayed at the point of sale and clearly visible to the Re-seller's customers.

SECTION C: GENERAL CHEERS TERMS FOR CUSTOMERS
The Cards and/or the Goods remain the property of Cheers until full payment is received from the Customer.

Payment
If the Customer does not pay by credit or debit card, payment shall be made within the number of days specified in the “Terms of Payment” section of the invoice.

If the Customer pays by credit or debit card, payment shall be made as promptly as practicable and Cheers will not be obliged to fulfil any order for Cards and/or Services until it has received appropriate authorisation from the relevant debit or credit card company. The Customer must inform Cheers if it is making a purchase in excess of its debit or credit card limit, if its debit or credit card limit changes, or if the debit or credit cardholders’ name changes. If for any reason the debit or credit card company rejects or does not receive payment from the Customer, or if Cheers for any other reason does not receive full payment so that the purchase price remains unpaid to Cheers, Cheers reserves the right to: (i) cancel any outstanding orders of the Customer; and/or (ii) suspend the functioning of any Cards and/or Services already provided to the Customer; and/or (iii) claim the unpaid amount from the Customer.

The "Pay" amount or the "Total Due" amount (as applicable) notified to the Customer is inclusive of VAT (unless otherwise stated). Cheers shall be entitled to charge interest on a monthly basis at 2% above Barclays Bank's base rate (as amended from time to time) on any outstanding amounts due and not paid, both before and after judgment. The Customer shall bear full liability for all costs incurred by Cheers in collecting any such amounts.

Customer orders of Goods and/or Cards and/or Services are subject to availability. In the unlikely event that any Goods and/or Cards and/or Services are unavailable, the Customer will be notified by Cheers. Availability information is subject to change without notice. Any alleged shortages, discrepancies or damage to the Cards may, at the sole discretion of Cheers, be exchanged if returned to Cheers within seven (7) working days of receipt by the Purchaser; however, Cheers has the right to refuse return of Cards if they have been used, damaged or if any of the PINs on the Cards have become visible in any way.

Customer personal data
BY USING THE CHEERS WEBSITE OR PURCHASING CARDS AND/OR SERVICES THE CUSTOMER AGREES TO THE FOLLOWING USES OF PERSONAL DATA BY CHEERS. Cheers will use personal data relating to the Customer's current and past purchases and use of Cheers' services and may share this data with other companies in the European Economic Area for marketing, research, maintenance of credit records and other purposes, including the marketing of premium rate services for voice calls or information services. Cheers may make enquiries about the Customer, including searching the Customer's records held from time to time by any credit reference agency which will keep details of Cheers' search. This information may be used to help Cheers and other organisations assess the financial risks of dealing with the Customer, to administer contracts with the Customer and to help prevent or detect fraud or other crimes and recover debts.

Liability
THE CUSTOMER SHALL ASSUME ALL RESPONSIBILITY AND LIABILITY FOR THE CARDS AND/OR SERVICES AS OF THE DATE OF RECEIPT, DELIVERY OR COLLECTION OF THE CARDS AND/OR SERVICES. ON RECEIPT, DELIVERY OR COLLECTION BY THE CUSTOMER, CHEERS SHALL HAVE NO FURTHER LIABILITY WHATSOEVER IN RELATION TO THE CARDS AND/OR SERVICES, EXCEPT THAT CHEERS DOES NOT EXCLUDE LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY. SUBJECT TO THE PRECEDING SENTENCE, CHEERS ACCEPTS NO LIABILITY FOR LOSS OF DIRECT BUSINESS REVENUE OR PROFITS, ANTICIPATED SAVINGS OR WASTED EXPENDITURE OR FOR ANY INDIRECT OR CONSEQUENTIAL LOSS WHATSOEVER. THE CUSTOMER'S SOLE REMEDY IN RESPECT OF ANY CLAIM SHALL BE THE SUPPLY OF REPLACEMENT GOODS AND/OR SERVICES BY CHEERS OF EQUAL VALUE TO THE FACE VALUE OF THE CARDS AND/OR SERVICES ALREADY PROVIDED. NO REFUND WILL BE MADE BY CHEERS TO THE CUSTOMER IN RESPECT OF ANY UNUSED TIME LEFT ON CARDS AT THEIR EXPIRY DATE.

IN SUPPLYING THE CARDS AND/OR SERVICES TO THE PURCHASER, CHEERS ACCEPTS NO LIABILITY FOR FAILURE OF A THIRD PARTY MOBILE OR FIXED TELECOMMUNICATIONS SYSTEM OR FOR INFERIOR QUALITY RECEPTION ON TELEPHONE LINES OR OTHERWISE FOR THE ACTS OR OMISSIONS OF TELECOMMUNICATIONS SERVICE PROVIDERS OR FOR FAULTS IN OR FAILURE OF THEIR APPARATUS, INCLUDING DISCONNECTION OF CALLS. FOR THE AVOIDANCE OF DOUBT, CHEERS SHALL NOT BE LIABLE FOR ANY TELECOMMUNICATION CHARGES PAYABLE TO ANY THIRD PARTY ARISING OUT OF THE USE OF CARDS AND/OR SERVICES.

Customer use
The Customer undertakes not to use the Cards and/or Services in a manner which is unlawful, defamatory, offensive, menacing, obscene, or which infringes the rights of any person, firm or company in any way. Cheers may suspend the operation of any Goods and/or Cards and/or Services if, in its absolute discretion, it believes such Goods and/or Cards and/or Services are being misused, or to comply with any order or request of government, the emergency services or another competent administrative authority.

Miscellaneous
These Cheers Terms supersede all other contracts, agreements or arrangements and constitute the entire agreement between the Customer and Cheers for the purchase of Cards and/or Services. These Cheers Terms shall be governed by and construed in accordance with the laws of England and Cheers and the Customer submit to the exclusive jurisdiction of the English courts. If any part of these Cheers Terms is deemed void or unenforceable for any reason, then that part will be deemed severable and the validity and enforceability of the remaining terms will not be affected. Cheers reserves the right to modify these Cheers Terms at any time, such modifications becoming effective immediately upon the posting of the modified Cheers Terms on the Cheers website.


If you have any problems with your order, please send an email to info@cheers.co.uk or write to Cheers at the postal address at: Cheers group of companies, Britannia House, 1-11 Glenthorne Road, London W6 0LH.