Terms and Conditions

Talk Home App

In this section

Overview

These terms and conditions set out the terms under which Nowtel Management Limited, the owner and operator of www.talkhomeapp.com ("Talk Home"), provides you with the ability to make calls and send messages using either Talk Home's physical pre-paid phone cards ("Talk Home App Voucher") or through the Talk Home mobile phone application (the "Talk Home App") (together referred to throughout these terms as "Talk Home Calling and Messaging Services"). From time to time Talk Home may offer promotions, offers, competitions and additional benefits to our customers, the terms of which are available here, should be read in conjunction with these terms and conditions.

Please read these terms and conditions carefully as they affect your rights and liabilities under the law and the terms governing your use of Talk Home's International Calling and Messaging Services. By using Talk Home Calling and Messaging Services, you agree to these terms and conditions. The essential terms of these terms and conditions are:

Talk Home does not recommend that you try to call an emergency services number using Talk Home Calling and Messaging Services. Please dial the relevant number from your standard mobile or landline.

Should your Talk Home Calling and Messaging Services account remain dormant for 90 days or more from the last time you registered your account, without a call, message or top up being

Should you top up credit on your Talk Home Calling and Messaging Services account and your account remains dormant for 180 days or more from the last time you registered your account without a call or message being processed then your account will be terminated.

All top ups are securely processed by Talk Home, PayPoint Ltd, PayPal or iTunes, dependent on which device or top up option is processed. All queries relating to top up and payment processes should be directed Talk Home Customer Services who will re-direct your query accordingly.

Our use of your personal data is subject to our Privacy Policy, and Talk Home will never share your information without your consent.

By using the Talk Home Calling and Messaging Services you agree to us sending you occasional marketing messages and promotions which Talk Home consider may be relevant to you. You can opt-out of receiving marketing messages by Talk Home Customer Services on +44 (0) 333 200 6033. You are unable to opt-out of receiving service related messages.

All national and international destination calling and messaging rates are subject to change. For the current rates, check the Talk Home App or our website www.talkhomeapp.com.

If you have any queries regarding our rates, please contact us by emailing us at hello@talkhomeapp.com or by calling our Customer Services team (English speaking (only write on the international ones)) on +44 (0) 333 200 6033. Alternatively, please read our FAQs to see if you can find the answer your query there.

References to "we", "us" and "our" are to Talk Home and we refer to you as "you" and "your", while words that begin with capital letters are used across these terms as definitions.

What are Talk Home Calling and Messaging Services?

Talk Home Calling and Messaging Services can be accessed using the Talk Home App. To utilise the service you are not required to purchase credits to call or message Talk Home App users. Calls and messages to non-Talk Home App users are chargeable and we have added £1 complimentary credit to your account when you first registered. To continue to make chargeable calls and messages you must purchase credit when your balance runs below the cost of the call or message you wish to process. Top ups can be processed by purchasing a credit voucher in the sum of £5, £10 or £20 from one of our many distributor shops and added to your account through the Talk Home App or our website at www.talkhomeapp.com or by topping up credit by purchasing credit through the Talk Home App or our website at www.talkhomeapp.com.

Our destination rates are minute or per message rates charged for calling or messaging the specified country and will vary depending on whether you are calling a mobile or landline or sending an instant message or SMS.

In the event of a conflict between the published destination rates on www.talkhomeapp.com, the Talk Home App, physical or online media, the destination rates set out on www.talkhomeapp.com shall take precedence.

Text messages can be 160 characters in length and if you go over this threshold you will be charged for multiple messages. Talk Home cannot guarantee that all messages will be successfully delivered as Talk Home are dependent on Operators in country. If for any reason you are unable to send a text message to specific countries please contact our Customers Services team and Talk Home will investigate further.

For further information on how to use your Talk Home Calling and Messaging Services, please see www.talkhome.co.uk/app

Validity Period

Credits are valid for 180 days from the time of purchase or the date of your last top up within the 180 days ("Validity Period"). This means that if you top up within 180 days of your previous top up, your Validity Period will re-start from the new date of top up. You can top up your Talk Home Calling and Messaging Services or App as many times as you like. After the Validity Period, you will still be able to access your Talk Home Calling and Messaging Services or App, but you will lose any remaining Credit and you will need to top up to use chargeable services.

Call Rates

Each time you use Talk Home Calling and Messaging Services, the credit on your Talk Home App account will be reduced by the charges incurred, calculated by Talk Home applying and deducting the total of the destination rates and any connection charge that may apply, plus any surcharge as defined below. All calls using the Talk Home App are charged in one minute increments, rounded up to the nearest minute.

Some calls have an additional charge referred to as a surcharge which is incurred for specific services (e.g. 0800 access numbers, collect calls, or use of a BT payphone).

Talk Home In-App bundles

Unless otherwise stated, Your In-App bundle lasts from 7 days to 30 days from activation depending on the denomination, is for non-commercial use only and any unused allowance expires automatically at the end of that period. Activation is normally on the date on which you purchase the bundle. Your In-App Bundle excludes all calls other than calls made to fixed line geographic numbers and mobile numbers to the stated destination excluding calls to premium, reverse charge and revenue share numbers. Calls to any other numbers are charged at our standard rate as set out on our website. Where you use more than when your bundle allowance is consumed you will be charged for your excess use at the standard rate published on our website. Promotion valid until withdrawn.

£5 bundle is valid for 7 days £10 bundle is valid for 14 days £20 bundle is valid for 30 days

Credit and Currency

In order to use the Talk Home Calling and Messaging Services you must have sufficient credit recorded against your account, to make chargeable calls and messages. Talk Home may impose limits on the total amount of top up credit you may associate with your account during any period of time.

Your use of the Talk Home Calling and Messaging Services is deducted from your balance in accordance with the then current rates at the time of you making a call or sending a message. In the event that charges are incurred simultaneously they will be deducted simultaneously.

Top ups may only be used for Talk Home Calling and Messaging Services and you will not be entitled to receive any cash refund for any remaining credit.

The Talk Home App will display either, £, $, €, currency rates in accordance with the country code you entered during your registration.

Balances can be topped up through an iOS device within the Talk Home App by making a payment with your iTunes account. The Talk Home App will display the iTunes fee prior to making a payment and should the currency displayed differ to your iTunes account currency, then iTunes will apply a conversion rate to all payments made.

Balances can be topped up through an Android device within the Talk Home App or on the Website by making a debit/credit card payment through Talk Home's third party payment provider and through PayPal.

Talk Home accepts no liability for currency conversions applied through third party payment providers.

Airtime Transfer

By sending Mobile Top-ups you agree to comply with the provisions that are set out below. The Top-up service shall be provided to you by Nowtel Management Limited in respect of the mobile phone operators available on the website which are subject to change and availability. The “Transfer” can only be made when there is sufficient credit on the account.

You are required to select “Transfer” within the Talk Home App and select the payment transfer type that you require. “Airtime Transfer” & “In-App Transfer” are available.

Once you have selected the transfer type, it is your responsibility to ensure you have selected or inputted the correct mobile number. You will then be asked to select the amount of Top-up that you wish to send to the mobile number you have selected.

The cost of the Top-up depends on the amount and denomination of Top-up that your sending to your friends & family.

The Top-up is sent instantly to the requested mobile number. Occasionally there may be a short delay. This is due to the recipient’s mobile operator network. Once the Top-up is sent to the destination mobile number, it is available immediately to be used, therefore it cannot be refunded or removed from the phone.

Security and Refunds

It is your responsibility to ensure the security of your access to the Talk Home Calling and Messaging Services. For this reason Talk Home suggest you do not write your access pin or web password or install the App on a mobile phone that is not pin protected. In this occurrence, please call our Customer Services team as soon as possible to block use of your credit.

Where the security of your access to Talk Home Calling and Messaging Services is compromised (such as your mobile phone being lost, stolen or damaged), and your credit is used in an unauthorised manner, Talk Home are not able to provide you with a refund of any credit used in such manner.

If you are unable to confirm that you are the rightful owner of credit on your Talk Home App you may lose any remaining credit. You will also lose any remaining credit after the validity period expires.

Restrictions

You cannot use the Talk Home Calling and Messaging Services for calling premium rate numbers or some non-geographic numbers, for example 090.

We discourage the use of the Talk Home App to make calls to Emergency Services.

If you access the Talk Home App from outside the United Kingdom, you do so at your own risk and you are responsible for your own compliance with local law.

Access

Subject to your compliance with these terms and conditions, Talk Home hereby grants you permission to use the Talk Home Calling and Messaging Services, provided that: (i) your use of the service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the service, or in any other manner inconsistent with these terms and conditions; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the service in any medium without Talk Home's prior written authorisation; (iii) you will not attempt to reverse engineer, alter or modify any part of the service; and (iv) you will otherwise comply with the terms and conditions.

In order to access and use the features of the Talk Home Calling and Messaging Services you acknowledge and agree that you will have to provide Talk Home with your mobile phone number. You expressly acknowledge and agree that in order to provide Talk Home Calling and Messaging Services, Talk Home may periodically access your contact list and/or address book on your mobile device to find and keep track of phone numbers of other users of the Talk Home Calling and Messaging Services which will be securely stored on a third party server. When providing your mobile phone number, you must provide accurate and complete information. You hereby give your express consent to Talk Home to access your contact list and/or address book for phone numbers to enhance the Talk Home Calling and Messaging Services.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, Xcode Automator, mswebstress, httpload, blitz, Android Monkey, etc. that accesses the Talk Home Calling and Messaging Services in a manner that sends more request messages to the Talk Home servers in a given period of time than a human can reasonably produce in the same period by using a Talk Home application, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, Talk Home grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Talk Home reserves the right to revoke these exceptions either generally or in specific cases. While Talk Home don't disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, Talk Home do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by Talk Home clients. Talk Home have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Talk Home Calling and Messaging Services, nor to use the communication systems provided by the Talk Home Calling and Messaging Services for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Talk Home Calling and Messaging Services.

Availability of Services

When Talk Home provides you with the Talk Home Calling and Messaging Services, Talk Home will use the reasonable skill and care of a competent service provider, but Talk Home cannot guarantee that the Talk Home Calling and Messaging Services will always be fault-free. Some things will be out of our control, for example, Talk Home Calling and Messaging Services are dependent on the network operator which you use to access the Talk Home Calling and Messaging Services.

Your access to the Talk Home Calling and Messaging Services may be occasionally suspended to allow for repairs, maintenance or the introduction of new facilities or services. Your access may also be suspended if Talk Home are required to restrict it following instruction from the government, the emergency services or any other competent or lawful authority. In these circumstances, Talk Home will attempt to restore the service to you as soon as Talk Home reasonably can. If there is an unusual use of the Talk Home Calling and Messaging Services, for example, significantly increased traffic indicating fraudulent use, Talk Home may temporarily suspend your use of the Talk Home Calling and Messaging Services to prevent you from incurring excessive or unwanted charges.

You acknowledge and agree that in order to use the App, you require an active connection to the internet and if you fail to have an internet connection you will be unable to use the App to make calls and/or send messages. This is at your own risk and potential additional costs may be chargeable by your network provider.

When using a Wi-Fi connection, your call may be affected by the speed and quality of the Wi-Fi connection at your location.

By installing the App on your phone, you consent to us checking your version of the App, and where applicable, pushing updates of the App to your phone. However, Talk Home have no obligation to make available any such updates and reserve the right to require you to download and install updated versions of the App as a condition of continuing to use Talk Home Calling and Messaging Services.

Talk Home reserves all rights to remove any functionality and services at any time within the App without prior notice.

Our Responsibility to You

Nothing in this paragraph shall limit or affect our liability resulting from anything Talk Home provide to you being found to be unsafe or if something Talk Home do negligently causes death or personal injury.

Subject to the above paragraph, if Talk Home are in breach of these terms and conditions, Talk Home will only be responsible for any losses that you suffer as a result and to the extent that they are a directly foreseeable consequence to both of us at the time you register to the Talk Home Calling and Messaging Services. Talk Home do not assume any liability for content received from calls made or received by you using the Talk Home Calling and Messaging Services.

You acknowledge that Talk Home are not responsible for providing or maintaining the equipment that you use to access the Talk Home Calling and Messaging Services or the national or international telecommunications networks which your calls travel across.

The App may contain links to other sites which are outside our control and not covered by these terms and conditions. Talk Home are not responsible for the content of those sites nor the use of any personal information you submit to those sites.

The App may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the App complies with relevant laws and codes. Talk Home will not be responsible for any error or inaccuracy in advertising and sponsorship material.

Your Responsibility to Us

You must not use the Talk Home Calling and Messaging Services for any unlawful or fraudulent purpose, to make any communication which is, or is intended to be, malicious, fraudulent or hoax, including to the emergency services, or in any way which may damage or affect the operation of the Talk Home Calling and Messaging Services or any other telecommunications system.

If you do not comply with this paragraph 8, the Talk Home Calling and Messaging Services may be suspended indefinitely and you may be liable to compensate us for all liabilities, claims, damages, losses and costs, including legal costs, which Talk Home may suffer as a result.

Promotional Codes and Referral Bonus

From time to time Talk Home may utilise promotional codes to provide special discounts and offers. Promotional codes will always be published with a validity period and restrictions will be specific to the promotion or offer. Promotional codes can only be redeemed once per customer and must be entered at the point of purchase.

Intellectual Property

All intellectual property, such as any applicable patents, copyright and designs incorporated into the provision of Talk Home Calling and Messaging Services, including the App, and the trademarks, service marks and logos contained therein, are owned by or licensed to us. No licence, other than for the purposed of your personal consumer use of the Talk Home Calling and Messaging Services, is granted to you in these terms and conditions to use any trade mark of Talk Home or its affiliated companies.

Personal Information

If you provide personal information to us through using the Talk Home Calling and Messaging Services, Talk Home will not share it with anyone outside the Talk Home or sister companies for marketing purposes.

Talk Home will never disclose your information to anyone outside Talk Home and the Talk Home sister companies, except where Talk Home have your consent, where Talk Home are required or permitted to do so by law or, to other companies who provide a service to us.

Marketing and Research

By using Talk Home Calling and Messaging Services, you agree that Talk Home may contact you, including via push notifications through the App:

ith offers and information about our products and services, including the Talk Home Calling and Messaging Services;

with offers and information about our sister company products or services which Talk Home consider are relevant to you;

for customer research purposes, for example to help us improve our services; and with service notices regarding Talk Home Calling and Messaging Services.

You can choose to opt out of receiving marketing information from us which might prevent you from receiving great offers or promotions that may be exclusively available to you.

While you are unable to opt-out of receiving Service Messages, you may opt out of receiving marketing messages by emailing us at hello@talkhomeapp.com.

General

If you allow another person to use your Talk Home Calling and Messaging Services they will be subject to these terms and conditions. Talk Home may transfer our rights under these terms and conditions to another business where Talk Home reasonably believe your rights will not be affected.

By using the Talk Home Calling and Messaging Services, you represent to us that you are fully able and competent to enter into and abide by these terms and conditions.

If you breach these terms and conditions and Talk Home choose to ignore this, Talk Home will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these terms and conditions.

Talk Home shall not be responsible for any breach of these terms and conditions caused by circumstances beyond our reasonable control.

These terms and conditions are subject to English law. Talk Home will try to solve any disagreements quickly and efficiently. If you are not happy with the way Talk Home deal with any disagreement and you want to take court proceedings, you must do so in London, England.

These terms and conditions shall constitute the entire agreement between you and us regarding use of the Talk Home Calling and Messaging Services. If any provision of these terms and conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.

Talk Home may modify these terms and conditions at any time without notice to you and it is your responsibility to review these terms and conditions for any changes. Your continued use of the Talk Home Calling and Messaging Services following any amendment of these terms and conditions will signify your assent to and acceptance of its revised terms.

Except as stated otherwise in this paragraph, a person who is not a party to these terms and conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these terms and conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act. Any member of the Nowtel Ltd may enforce any provision of these terms as if it were a party to these terms.

Warranty Disclaimer

You agree that your use of the Talk Home calling and messaging services shall be at your sole risk. To the fullest extent permitted by law, Talk Home, it's officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the service and your use thereof. Talk home makes no warranties or representations about the accuracy or completeness of the Talk Home calling and messaging services' content and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service, (iii) any unauthorised access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our service, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our service through the actions of any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Talk Home calling and messaging services. Talk home does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Talk Home calling and messaging services or any hyperlinked website or featured in any user status submission or other advertising, and Talk Home will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. And again, use this just for fun.

Limitation of Liability

In no event shall Talk Home, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service, (iii) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our servers, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our service by any third party, (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Talk Home client, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages, and/or (vi) the disclosure of information pursuant to these terms and conditionsor privacy policy. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that Talk Home shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

Indemnity

You agree to defend, indemnify and hold harmless Talk Home, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to solicitor's fees) arising from: (i) your use of and access to the Talk Home Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Status Submissions caused damage to a third party. This defence and indemnification obligation will survive these terms and conditions and your use of the Talk Home Service.

Ability to Accept Terms of Service

You affirm that you are either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 16 years old as the Talk Home Service is not intended for children under 16. If you are under 16 years of age, you are not permitted to use the Talk Home Service.

Customer Services and Complaints

If you have any queries, please email us at hello@talkhomeapp.com or call us on + (0)333 200 6033 , or write to us at : 
Talk Home App
50 Shad Thames
London
SE1 2LY

The Talk Home App website is owned and operated by Nowtel Management Limited, a company registered in England whose registered office is at Nowtel Management Limited, 50 Shad Thames, London SE1 2LY.
Company Registration No. 06665389
VAT No. GB101 754 646

Last updated: November 2015

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