FooCall Terms of Service
These Terms of Service constitute your agreement with FooCall (“FooCall” or “we”) for use of the services provided by FooCall (“FooCall Services”). FooCall is operated and owned by WaveCrest (UK) Limited, registered in England and Wales under company number 03042254 and our registered office is at 1st Floor, Bishopsgate Court, 4-12 Norton Folgate, London, E1 6DB United Kingdom.
IMPORTANT INFORMATION: YOU CANNOT USE FOOCALL SERVICES TO CALL EMERGENCY SERVICES NUMBERS 999 AND 112. IF THE CONNECTION FAILS OR IS INTERUPTED, YOUR VOICE SERVICE WILL ALSO FAIL. THESE FAILURES MAY BE CAUSED BY MATTERS OUTSIDE OUR CONTROL.
Acceptance of Terms
We will provide you with one month’s notice before we alter any condition in this contract in a way that is likely to be of material detriment to you. You will be entitled to terminate your Account and request a refund of any credit in your favour as a result of termination under this clause by notifying us in writing at ask@FooCall.com that you wish to terminate.
If you are residing in a jurisdiction where it is prohibited by law to offer or use Internet telephony, you may not enter into this Agreement or use the FooCall Services.
Your use of a service provided by a third party to access the FooCall Services, including but not limited to your local mobile operator or internet service provider (“Provider”), will also be subject to the Provider’s terms and conditions. For the avoidance of doubt in using any such Provider service you will still be bound by these Terms of Service in respect of your use of the FooCall Services. As soon as your call is connected to a phone number provided by FooCall at your request, the call may be charged by your Provider, regardless of whether you are connected to the receiver of the call (e.g. even if the line is busy).
Use of FooCall Services
We grant you a non-exclusive, non-transferable right to view and use the FooCall Services and the Content (as defined in the following) via your Device (as defined in the following) for and subject to your compliance with these Terms of Service.
Intellectual property rights
All copyright, trademarks, patents and other intellectual property rights in any material or content (including without limitation software, data, applications, information, text, photographs, music, sound, videos, graphics, logos, symbols, artwork and other material or moving images) contained in or accessible via the FooCall Services (“Content”) is either owned by FooCall or has been licensed to FooCall by the rights owner(s) for use as part of the FooCall Services. All rights are expressly reserved. Furthermore, FooCall has the right to remove any materials posted to the Site in its sole discretion.
Usernames and Password
You agree to provide true, accurate, current and complete information when registering for FooCall Services, as well as any additional information provided or any amendments made by you. As part of Sign-Up on the Site you will choose a password (“Password”) required for access to and use of the FooCall Services. We will allocate you an individual user account (“Account”). You are responsible for all actions that take place as a result of access to or use of the FooCall Services via your Account independently of whether the access was made by yourself or by a third party using your Password and/or Device.
Unauthorized Use/Stolen Device
If your Device is stolen or if you become aware of unauthorized use of the FooCall Services you must notify us immediately to suspend your Account. You are responsible for all charges to your Account until the FooCall Services are suspended. We have the right to change your Password and account name at any time in our sole discretion.
No Unlawful or Prohibited Use
You expressly acknowledge and agree to use any FooCall Service solely for lawful purposes. In this respect you may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for you, (b) send any unsolicited commercial communication not permitted by applicable law, (c) use any FooCall Service in any fraudulent way, (d) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable. Further, you may not use any FooCall Service in any manner that could damage, disable, overburden, or impair any FooCall server, or the network(s) connected to any FooCall server, or interfere with any other party’s use and enjoyment of the FooCall Services.
Submission of information to FooCall
Disclosure of information
FooCall reserves the right at all times to disclose any information provided by you or about your use of FooCall Services as FooCall deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in FooCall’s sole discretion.
FooCall does not make any express warranty regarding the FooCall Services and disclaim any implied warranty, including any warranty of merchantability, satisfactory quality, or fitness for a particular purpose; however FooCall shall endeavour to provide FooCall Services with minimum disruptions. FooCall cannot guarantee that the FooCall Services will always function without disruptions, delay or other imperfections and FooCall may choose not to provide service to countries or calling areas at its sole discretion. Since the FooCall Services will be transmitted through public Internet lines and the public switched telephony network, you acknowledge that there may be power outages or Internet service disruption and you may experience some disruptions in the FooCall Services, e.g. packet loss and delay. Additionally, you also understand that calls to or from the public switched telephony network are not encrypted and as such, could be potentially subject to eavesdropping by law enforcement officials or other third parties over the public Internet. FooCall will not be liable for any disruption, delays, eavesdropping or other omissions in the FooCall Services. Service suspension / interruption FooCall is entitled, without any liability, to refuse, restrict, limit, suspend and/or interfere or interrupt the FooCall Services or any part thereof, without any notice to you for the repair, improvement, and/or upgrade of the FooCall Services or for any of the reasons for termination set forth below in these Terms of Service. In addition, at any time FooCall may prevent use of FooCall Services for any reason, including but not limited to, fraudulent calling patterns, excessive usage, billing irregularities and unlawful use.
The content of the communication is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, harmful, indecent or otherwise objectionable. FooCall will not be liable for any type of communication spread by means of the FooCall Services. No emergency calls.
The FooCall Services do not and are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind and FooCall is not liable in any manner for such calls. In the event that, with your permission, another user uses your Account (as defined in the following), you are responsible to inform that user that it is not possible to support or carry emergency calls with the FooCall Services.
Incentives & Promotions
In case of misuse or fraudulent activity, FooCall reserve the right to withdraw, cancel or revoke any offers or incentives, paid or otherwise. All FooCall incentives and promotions are at the sole discretion of FooCall.
In order to use the FooCall Service you shall purchase credits which will be applied to your Account and you shall pay FooCall the rates as stated on the Site and in the App which will decrement from your available credits. Payments are either made by you from the Site or from your Device.
Unless stated otherwise, all rates and charges listed shall be exclusive of local taxes including value added taxes (VAT) and/or any other applicable taxes.
The rates for the FooCall Services are published on the Site. FooCall reserves the right to change the rates at any time without notice. If you do not wish to accept such adjustment of rates, you are entitled to terminate the Account with effect from the date on which the adjustment of rates would become effective. You agree that by continuing to use the FooCall Services, following the adjustments of the rates, you accept such adjustments.
You will also pay any additional charges you incur if you connect to the FooCall Services through a phone number provided by FooCall while you are in a country that is not the country associated with your fixed net or mobile phone Provider (“Roaming Charges”). Roaming Charges are charged in addition to any charges you may incur when connecting to the FooCall Services from another country.
FooCall does not provide refunds on credit balances added to your account except as expressly provided for in these terms and where we have breached our obligation to you. For the avoidance of doubt, no other refunds shall be given for services paid or credit acquired, except in exceptional circumstances, and at FooCall’s sole discretion. Account and receipt FooCall may provide an account history within your account area on the Site that includes information about your Account activity, payments, calling history during a limited period, and your current Account balance (“Account History”), which may change from time to time, and an e-mail receipt upon pre-payment for the FooCall Services. The Account History is the only statement of your Account that FooCall will provide to you. IT IS YOUR RESPONSIBILITY TO PRINT OR SAVE A COPY OF YOUR CALL SHEET AND YOUR RECEIPT AND TO RETAIN COPIES FOR YOUR RECORDS.
FooCall will use commercially reasonable efforts to correct any technical failures relating to the Account History within a reasonable time. However, your inability to view the Account History does not extend, or relieve you of, your obligation to pay any amounts owing to FooCall.
FooCall Fair Use Policy
At FooCall, we want all of our customers to get great value calling plans. This Fair Usage Policy (“FUP”) is designed to prevent fraud and abuse of our plans by a small number of users.
Subject to this FUP, FooCall’s unlimited plans allow up to 1500 minutes of calls to landlines in the applicable plan countries (excluding special, premium, service and non-geographic numbers). Calls to mobiles may also be included where stated at the time of purchase.
Other practices may be relevant in determining Legitimate Use and FooCall reserves the right to take any unlawful, prohibited, abnormal or unusual activity into account in making its determination.
Services purchased as a ‘recurring subscription’
For so long as you are a FooCall customer and paying a recurring fee, FooCall grants to you a non-exclusive right to use the Services, subject to the restrictions set forth in this Agreement and any other restrictions communicated by us in writing. You shall choose the Services plan to be provided by us under the terms and pricing set forth in these Terms of Service and on the Site. By signing up for the Services, you agree to pay on a monthly basis the fees designated for the Services selected by you. At the end of each billing period, your subscription will continue to automatically renew at the fee rate applicable to the Services that you have selected, unless terminated by us or until you notify us of your decision to cancel your subscription to the Services. If we are not able to take payment for the Services you have subscribed to, your account may be placed on hold or your subscription cancelled, as deemed appropriate by us.
If you believe that FooCall has charged your Account in error, you must submit a request for refund by contacting FooCall’s customer services by email via ask@FooCall.com within 90 days after the date the error first appears on your Account History or within 120 days after the date of the disputed charge, whichever is the earlier.
Expiration Of Credits
A credit balance for FooCall Services on the Account expires 180 days after the last added top-up. Credit balances that are not used within the said 180 day period will be lost.
FooCall Service Termination
If you breach any representations to us or fail to perform any of the promises you made in the Terms of Service, or if you are subject to any proceeding under the bankruptcy acts or similar laws, you will be in default and we may, without notice to you, suspend the FooCall Services and/or terminate the
Terms of Service. Cancellation of your FooCall Services
You may cancel FooCall Services at any time by giving us notice to ask@FooCall.com. Unless otherwise stated herein, all FooCall Services will be cancelled within five (5) days of receipt of notice from you to ask@FooCall.com. If you are on a monthly subscription package termination will be effective at the end of the monthly period which follows the expiry of the give day notice period. If your payment falls due during the five day notice period you will be billed for the next month. If this is the case, no refunds will be given.
Limitation of Liability
FooCall is not liable for acts or omissions of another Provider, for information provided through your Device, equipment failure or modification, or causes beyond our reasonable control. We are not liable for service outages or for service limitations or interruptions. We are not liable for any accidents or incidents which result from the use of FooCall Services by you or any other person. Our liability and the liability of any underlying Provider for any failure or mistake shall in no event exceed the FooCall Services charges during the affected period. We and any underlying Provider are not liable for any incidental, punitive or consequential damages such as lost profits. We, and any underlying Provider, are not liable for economic loss or injuries to persons or property arising from the use of the FooCall Services. This paragraph shall survive termination of your account.
We may assign all or part of the Terms of Service without such assignment being considered change to the Terms of Service, and without notice to you. We are then released from all liability. You may not assign the Terms of Service without our prior written approval.
We make every effort to ensure that you are happy with the level of service, and the products and services that you receive from us. If you have a complaint about any part of our service, please contact us at ask@FooCall.com. We will ask you about your complaint and seek to resolve the problem online. You may also send your complaint to us in writing to Customer Services, at FooCall, Units 1&2, 16 Lindred Road, Lomshaye Industrial estate, Nelson Lancashire, BB9 5SR, United Kingdom.
We will try to resolve your complaint quickly and efficiently, and to keep you informed at all times. If we cannot resolve the problem, we will write to you to say so.
If your complaint has been outstanding for more than 8 weeks or you have received a letter from us saying that your complaint has reached “deadlock”, then you may ask for help from CISAS.
CISAS is an independent organisation that is approved by Ofcom to provide an alternative dispute resolution (ADR) service. Ofcom-approved ADR services have been set up to sort out disputes between communications providers and their consumer and small business customers. 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.
For more information on CISAS please contact:
CISAS, 70 Fleet Street, London, EC4Y 1EU
Email: email@example.com, www.cisas.org.uk
Tel: +44(0)20 7520 3827
The Terms of Service shall be governed by and construed in accordance with the laws the United Kingdom, without giving effect to the conflict of laws or provisions of the United Kingdom, or your actual state or country of residence. Any legal proceedings arising out of or relating to Agreement will be exclusively subject to the jurisdiction of the courts of England and Wales. Entire Agreement
These general Terms of Service represent the entire agreement between you and us and supersedes all prior offers, contracts, agreements and representations. The Terms of Service supersede all promises made to you by our client services agents, representatives or employees. If any part of the Terms of Service is found invalid, the rest of the Terms of Service remain enforceable.