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.
Code of Practice: Complaint Handling and Dispute Resolution
We make every effort to ensure that our customers are happy with the level of service, and the products and services they receive from us. However, despite our best efforts, things can go wrong. We take customer complaints very seriously and aim to resolve them quickly and efficiently.
If you have a complaint about any part of our service, please contact our Customer Service Team using one of the following:
| By phone | : | 0844 489 9368 |
| By email | : | support@cheers.co.uk |
| By letter | : | Customer Services Department, Cheers Group of Companies, |
| | Britannia House,1-11 Glenthorne Road, Hammersmith, London W6 0LH |
If you telephone, our advisors will ask you about your complaint and seek to resolve the problem whilst you are on the line. During any discussions we will protect the privacy of the information that we hold on you. To do this we may have to ask you questions to verify your identity.
If you make your complaint by email or in writing, we will acknowledge receipt, advise how and when we will next respond, and where possible, likely timeframes for resolving your complaint. We will also provide you with a contact point for checking progress on the resolution of your complaint.
We will try to resolve your complaint quickly and efficiently, and to keep you informed at all times. We normally aim to resolve complaints within 10 working days but, depending on the nature of the complaint, this is not always possible. However, if you are not happy with the progress in resolving your complaint you can ask the person to whom you are speaking to escalate the matter to their manager. If we cannot resolve the problem we will write to you to say so. This is known as “reaching deadlock”. If we tell you that we have reached deadlock (either by letter or by email) this means that there is nothing more we can do to resolve your complaint.
We aim to resolve complaints without the need to involve third parties but this is not always possible. For this reason we are members of Otelo, the Office of the Telecommunications Ombudsman.
OTELO is an independent organisation which is approved by Ofcom to provide an alternative dispute resolution (ADR) service. Their job is to investigate complaints fairly by listening to both sides of the story. They look at the facts given to them before recommending any action that may be needed to put things right.
You can contact Otelo and ask them to look into your complaint if:-
- it has been more than 8 weeks from the date your first contacted us to complain
- you have received a letter from us saying that your complaint has reached deadlock
- If, having followed the process described above you are still not happy that we have resolved your complaint.
Otelo can be contacted in the following ways:-
If at any time you are not satisfied with the progress of the complaint you can ask us to agree to an early referral to ADR (ie, that we issue a deadlock letter). However, we may decline to do so if we do believe we will shortly resolve your complaint and are taking active steps to do so, or if we believe that your complaint is vexatious or does not fall within the scope of Otelo’s ADR scheme .
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.