1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
(a) Event Outside Our Control: is defined in clause 13;
(b) Products: the products that we are selling to you as set out in the Order;
(c) Order: your order for the Products;
(d) Terms: the terms and conditions set out in this document
1.2 When we use the words “writing” or “written” in these Terms, this will include e-mail unless we say otherwise.
2.1 We are Secure Your Calls Ltd, a company registered in Scotland under company number SC548650 and with our registered office and main trading address at 272 Bath Street, Glasgow, G2 4JR.
2.2 If you have any questions about the service we provide or require advice on setting up your call protection filter, please contact us. You can contact us by telephoning our customer service team on 0843 886 9270 or by e-mailing us email@example.com
2.3 If you wish to contact us in writing, or if any clause in these terms requires you to give us notice in writing (for example, to cancel the Order), you can send this to us by e-mail, by hand, or by post to Secure Your Calls Ltd at 272 Bath Street, Glasgow, G2 4JR or firstname.lastname@example.org. We will confirm receipt of this by contacting you by phone or in writing. If we have to contact you or give you notice in writing, we will do so by e-mail, by hand, or by post to the address you provide to us in the Order.
3.1 We may transfer our rights and obligations under these Terms to another organization, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms.
3.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms. The purchaser of the Products, however, will have the benefit of the rights at clause 14 if you transfer it to them, but we and you will not need their consent to cancel or make any changes to these Terms.
3.3 By paying for our service and accepting Our Terms you agree we may help prevent and stop Sales, Marketing, Market Research and other unsolicited contact via your telephone landline and mobile number when provided. We will fulfil our service by contacting various companies on your behalf to request they include your telephone number/s on their “Do Not Call” lists. Section 11 Notices under The Data Protection Act will be issued to companies making unsolicited calls.
3.4 Where you have paid for a product or service with a company who calls you offering other products and services, we will request that your details be removed for third party marketing purposes and only retained for the fulfilment of the products and/or services paid for by you.
3.5 In order to help prevent any further nuisance calls we may pass your name and telephone number to companies that currently do not hold your details for the purpose of suppression. For the avoidance of doubt these companies may only use your details to put on their “Do Not Call” lists to prevent them making any sales, marketing and/or research calls to your landline or mobile telephone number where provided.
4 OUR CONTRACT WITH YOU
4.1 These are the Terms on which we supply our products and services to you.
4.2 Our process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your Welcome Letter to ensure we have the correct contact details, including telephone number for you. If you think that there is a mistake or require any changes, please contact us to discuss. We will confirm any changes in writing to avoid any confusion between you and us.
4.3 We will attempt to call you acknowledging receipt of your Order. Please note that this does not mean that your Order has been accepted. Our acceptance of your Order will take place as described in clause 5.4.
4.4 We will confirm our acceptance to you in writing confirming the Service has commenced and where applicable the Product has been dispatched (‘Welcome Letter’). Your order will only be deemed accepted and the contract between us will only be formed when we send you the Welcome Letter.
4.5 These Terms will become binding on you and us when we send you the Welcome Letter.
4.6 Your order number shall be your telephone number as provided during registration with us. Please quote your telephone number in all subsequent correspondence with us relating to the Order.
5.1 If you are a consumer, you may only purchase Products and Services from us if you are at least 18 years old. By placing an Order, you confirm that you are aged 18 years or over.
5.2 As a consumer, you have legal rights in relation to Products and Services that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6.1 You may make a change to an Order for Products at any time before we dispatch the Products by contacting us. Where this means a change in the total price of the Products, we will notify you of the amended price in writing.
7 DELIVERY OF PRODUCTS (WHERE APPLICABLE)
7.1 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Products and your address. Please allow for extra time for deliveries outside of the mainland UK. Unfortunately we do not accept orders from addresses outside the UK unless agreed by a prior arrangement. Orders will be dispatched within 72 business hours. Goods are dispatched by Royal Mail and delivered within 2 to 5 days of dispatch.
7.2 We will contact you with an estimated delivery date. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 14 for our responsibilities when this happens.
7.3 Delivery of an Order shall be completed when we deliver your Welcome Letter and Product where applicable to the address you gave us.
8.1 If you are unhappy with the Service or Product for any reason or you change your mind, you may return them to us at your own cost within 14 days of receipt. We will refund you the price you paid for the Products or Service. Please note we need to allow Data Companies enough time to remove your personal information from their databases.
9.1 The price of the Products & Services will be set out in our price list in force at the time we confirm your Order. Our prices may change at any time, but price changes will not affect Orders that we have confirmed with you.
9.2 The prices for the Products & Services include delivery costs.
9.3 Where we are providing Products or Services to you, you must make payment for Products and Services in advance by credit or debit card. We accept payment with Visa, MasterCard, Maestro and Visa OUR LIABILTY TO YOU
10.1 If we fail to comply with these Terms, we are responsible for any loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this contract.
10.2 We only supply the Products & Services for domestic and private use. You agree not to use the Products or Services for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.3 We do not exclude or limit in any way our liability for:
(a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors
(b) fraud or fraudulent misrepresentation
(c) breach of the terms implied by section 12 of the Sale of Products Act 1979 and by section 2 of the Supply of Products and Services Act 1982 (title and quiet possession);
(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Products Act 1979 and sections 3, 4 and 5 of the Supply of Products and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); or
(e) Defective products under the Consumer Protection Act 1987.
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event outside Our Control.
11.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
11.3 If an Event outside Our Control takes place that affects the performance of our obligations under these Terms.
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
11.4 You may cancel the contract if an Event outside Our Control takes place and you no longer wish us to provide the Products. Please see your cancellation rights under clause 15. We will only cancel the contract if the Event Outside Our Control continues for longer than 8 weeks
12 YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
12.1 Before the Products or Welcome Letter has been delivered, you have the following rights to cancel an Order for Products or Services, including where you choose to cancel because we are affected by an Event outside Our Control, or we change these Terms to your material disadvantage:
(a) You may cancel any Order for Products or Services at any time before we dispatch the Products by contacting us. We will confirm your cancellation in writing to you.
(b) If you cancel an Order under clause 15.1(a) and you have made any payment in advance for Products or Services that have not been delivered to you, we will refund these amounts to you.
(c) You must notify and return the products or services to us within 14 days of receipt of the welcome letter for a full refund. Cancellation and returns after this time will not be accepted. In the case of provisions of services, we will carry out works after this time and therefore no refund will be provided. We will however, as part of our service guarantee, provide you with a Call Protection Filter free of charge.
(d) You will be responsible for the amount by which the value of the Products is diminished as a result of your handling the Products causing damage or wear and tear to the Products. We may deduct the amount of the lost value from the sum that we are obliged to reimburse you up to the total value paid by you for the Products.
16.1 If we have to cancel an Order for Products before the Products are delivered.
(a) Due to an Event Outside Our Control we will promptly contact you;
(b) If we have to cancel an Order under clause 15.1(a) and you have made any payment in advance for Products that have not been delivered to you, we will refund these amounts to you wherever possible by the same method of payment used by you;
15.1 If you continue to receive unwanted telephone calls after 90 days following the commencement of our service, please contact our assistance team on 0843 886 9270 or by emailing us at email@example.com to report the offending companies or speak with an advisor.
15.2 Once we have received your call we will report the offending companies to the Information Commissioners Office (‘ICO’) and the Office of Communications (‘OFCOM’).
15.3 If you continue to receive unwanted telephone calls following a complaint being made, please contact our complaints team at 0843 886 9270 or by emailing us at firstname.lastname@example.org who can progress your complaint.
15.4 We will issue Section 11 notices under the Data Protection Act on your behalf to the offending companies on your behalf requesting that they cease to contact you and remove your personal information.
16.1 We will use the personal information you provide to us to:
(a) Provide the Services;
(b) Process your payment for such Services; and
(c) Inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
16.2 You agree that we may pass your personal information to credit reference agencies and that they may keep a record of any search that they do.
17.1 Please notify us in writing or by telephone if you move address or change your telephone number so that we may update your details on our database.
Debits will appear as: CALL SECURITY