A - Use of the website
We will provide you with access to the Website and sell You Services in accordance with these Conditions and the Service Conditions applicable to the Service(s) you purchase.
2. Your Obligations
2.1. agree not to use the Website (or any part thereof) for any illegal purpose and agree that in using the Website you will comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website;
2.2. agree not to upload or transmit through the Website without limitation, any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
2.3. will not upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
2.4. will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
2.5. will not use the Website in any manner which violates or infringes the rights of any person, firm or company or the rights thereof (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);
2.6. will not attempt any unauthorised access to any part or component of the Website; and,
2.7. agree that in the event that You have any right, claim or action against any other User arising out of that User's use of the Website, then You will pursue such right, claim or action independently of, and without recourse to Us;
2.8. warrant that any Personal Information which You provide when You use the Website is true, accurate, current and complete in all respects; and
2.9. will notify us immediately of any changes to the Personal Information by contacting our Customer Service Representatives using talktalk.co.uk/contactus.
2.10. agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
You agree to be fully responsible for all claims, liability, damages, losses, costs and expenses, including legal fees on a full indemnity cost basis, suffered by Us and arising out of any breach of these Conditions by You or any other liabilities arising out of Your use of the Website, or the use by any other person accessing the Website using Your Internet account and/or Your Personal Information.
4. Our Rights
4.1. We reserve the right to:
4.1.1. modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to You and You confirm that we shall not be liable to You or any third party for any modification to or withdrawal of the Website; and/or
4.1.2. change these Conditions from time to time, and Your continued use of the Website (or any part thereof) following such change shall be deemed to be Your acceptance of such change. It is Your responsibility to check regularly to determine whether the Conditions have been changed. If You do not agree to any change to the Conditions then You must immediately stop using the Website.
4.2. We will use Our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because You cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.
4.3. We reserve the right to withdraw any Services from the Website at any time and/or remove, screen or edit any materials or content on the Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time in our sole discretion. We will not be liable to You or any third party by reason of our doing any of the following: withdrawing any Services from the Website whether or not those Services have been sold to You; removing, screening or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
5. Third Party Links
5.1 In an attempt to provide increased value to Our Users, We may provide links to other websites or resources. You acknowledge and agree that We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, services or other materials on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, services or other materials available on such external sites or resources.
5.2 You agree that We will not be responsible in any way for any transaction entered into between you and third parties offering goods or services on the Website.
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that We deem appropriate (which may include, but is not limited to, issuing warnings, suspending or terminating service, denying access and/or removing any materials from the Website). We may also investigate, in Our sole discretion, the use, or attempted use, of any credit card, and take such action as we deem appropriate, including without limitation, contacting the User using such card or cancelling orders placed by such User.
B - Purchase of services from TalkTalk
7. Contract creation and electronic contracting
7.1. The technical steps required to create the contract between You and Us are as follows:
7.1.1. You place Your order for the Service(s) on the Website by pressing the confirm order button at the end of the check-out process. You will be guided through the process of placing an order by a series of simple instructions on the Website.
7.1.2. We will send to You an order acknowledgement email detailing the Services You have ordered. This is not an order confirmation or order acceptance from Us.
7.1.3. Order acceptance and the completion of the Contract between You and Us will take place on the day We first make the Service available to you unless We have notified You that we do not accept Your order or You have cancelled it in accordance with the instructions in these Conditions.
7.2. Non-acceptance of an order may be a result of one of the following:
7.2.1. Our inability to obtain authorisation for your payment.
7.2.2. The identification of a pricing or Service description error.
7.2.3. You not meeting the eligibility to order criteria set out in the applicable Service Conditions.
8.1. All orders are subject to acceptance and availability. All prices are inclusive of VAT at the current rates and are correct at the time of entering information. However, We reserve the right to change prices without prior notice to You.
8.2. We will take all reasonable care, in so far as it is in Our power to do so, to keep the details of Your order and payment secure, but in the absence of negligence on Our part We are not liable for any loss You may suffer if a third party procures unauthorised access to any data You provide when accessing or ordering from the Website.
9. Offers to Purchase and Description of Services
9.1. Each Service purchased is sold subject to its Service Description and applicable Service Conditions which set out additional specific terms and conditions related to that Service including, without limitation, terms and conditions concerning estimated delivery times and any warranties.
9.2. Any order made by You will be treated as an offer to purchase Services from Us. Completion of the Contract between You and Us will take place on the day We first make the Service available to you unless We have notified You that we do not accept Your order or You have cancelled it in accordance with the instructions in these Conditions. The sale contract is therefore completed in London, England. We reserve the right to reject any offer to purchase made by You at any time.
9.3. You acknowledge that any automated acknowledgement of Your order which You may receive from Us shall not amount to Our acceptance of Your offer to purchase Services advertised on the Website.
10. Refusal of transaction
10.1. We reserve the right to withdraw any Service advertised on this Website at any time and/or remove or edit any materials or content on this Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any Service advertised on this Website; removing or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
10.2. To be eligible to purchase Services on this Website and lawfully enter into and form contracts on this Website under English law you must:
10.2.1. Register by providing your real name, phone number, e-mail address, payment details and other requested information.
10.2.2. Be over 18 years of age.
10.2.3. Stipulate a delivery address in the United Kingdom. Please note that PO box numbers, hotels and accommodation addresses are not acceptable.
10.2.4. Possess a valid credit or debit card issued by a bank acceptable to us.
10.3. By making an offer to purchase a Service, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
11. Right of Cancellation
11.1 If you ordered any Service from us either over the internet, by telephone, by mail order or by any other relevant distance selling method you may cancel the Contract pursuant to the Consumer Protection (Distance Selling) Regulations 2000 ("Regulations") at any time up to 7 working days after placing your order for that Service or receiving any goods from us ("Trial Period") provided that you notify us in writing of such cancellation within the Trial Period and return any goods (for example a SIM card) to us undamaged and in their original packaging, together with proof of purchase, by sending them special delivery to TalkTalk Telecom Limited, PO Box 156, Birchwood, Warrington WA3 7WR. If you cancel in accordance with the Regulations we agree to then refund you the purchase price, if any, of the goods. Please note that if you do not return all the goods you have received, we shall be entitled to charge you for the cost of them. If you do not return the goods and all other items, if any, as described in the Contract, we may charge you the costs we incur in collecting them from you. This does not affect your statutory rights.
12. Your Personal Data
12.1. We respect Your Personal Information and undertake to comply with applicable Data Protection legislation in place from time to time.
12.2. We may hold Personal Information that You provide to us (such as on an application or registration form) or that We may obtain from another source (such as our suppliers, marketing organisations or credit reference agencies). This Personal Information may include Your name, address, date of birth, gender, telephone numbers, email address, bank and credit/debit card information, occupation and employment data, lifestyle information and details of how You use our products and services together with general information about the way You pay and manage Your account. We may share Your Personal Information with: companies within TalkTalk Group and other carefully selected third parties for the purposes described in these terms and conditions; and in the event that We undergo re-organisation or are sold to a third party You agree that Your Personal Information may be transferred to that re-organised entity or third party for the purposes and subject to the terms of this Agreement.
12.3. Your Personal Information may be held and used by Us for a number of purposes and We may use third parties to support us with purposes which include, without limitation:
12.3.1. processing your orders or applications; administering your account and billing; settling accounts with those who provide related services to Us; disclosing Your data to bank and debit and credit card companies to validate Your debit or credit card details; dealing with requests, enquiries or complaints and other customer care related activities; debt recovery (also using recovery agents and agents facilitating to contact You) and legal actions and all other general administrative and business purposes;
12.3.2. carrying out market and product analysis of Your Personal Information to develop and improve and to tell You about TalkTalk Group's products and services, new developments, special offers, discounts and awards which We believe may be of personal interest to You. We may also use Your Personal Information for the purpose of testing our internal systems and developing new products and services. We may tell You by automated means or otherwise, including by email, fax, mobile text message, MMS, telephone, post and via world wide web, WAP and similar sites subject to any preferences indicated by You at the time You give us Your Personal Information; contacting You about the products and services of carefully selected third parties and allowing You to receive advertising and marketing information from those selected third parties but without passing control of Your Personal Information to the third party concerned;
12.3.3. passing on data to organisations from which You have ordered any products and services; registering Your details and allocating or offering You rewards, discounts or other benefits and fulfilling any requests or requirements You may have in respect of Our and the TalkTalk Group's loyalty or reward programmes and other similar schemes;
12.3.4. carrying out any activity or disclosure in connection with a legal, governmental or regulatory requirement on Us or in connection with legal proceedings, and for the prevention and detection of crime or fraud and the prosecution of offenders or suspected offenders; or
12.3.5. carrying out activities connected with the running of Our business such as personnel training, quality control, network monitoring, testing and maintenance of computer and other systems and in connection with the transfer of any part of Our business in respect of which You are a customer or a potential customer. We may also use Your information for the purpose of testing Our internal systems and developing new products and services.
12.4. You agree to the disclosure by Us of the following information to any telecommunications company, debt collection agency, credit reference agency, credit or fraud monitoring scheme, credit provider or security agency:
12.4.1. any information relating to Your contract with Us including details of how You conduct your account and Your obligations to Us and Your personal financial information;
12.4.2. any information which is covered by Our registration under the Data Protection Act 1998 as amended from time to time; and
12.4.3. any information which We are required by an order of any court of competent jurisdiction or by statutory authority to disclose.
12.5. It may also be necessary for Us to carry out anti-fraud and identity checks on You to help decide whether to accept Your application or future applications, to verify Your identity and to protect Our legitimate interests. Any information obtained in such checks will be passed to credit reference agencies and may be used by third parties to assessing applications for credit from You and other members of Your household and for debt tracing, crime and fraud detection and prevention and credit management purposes. You further agree that we may use Your Personal Information for operating a publicly accessible directory service.
12.6. A comprehensive description of how we use personal information is publicly available from the Information Commissioner - please see www.dataprotection.gov.uk
12.7. If you would like us to tell you what information we hold about you, please write to: The Data Controller, TalkTalk Telecom Limited, PO Box 390, Southampton, SO30 9AQ.
A £10.00 administration fee will be applicable in the form of a cheque/postal order made payable to TalkTalk Telecoms Ltd. Please quote your full name, address, fixed line or Mobile Phone number (as appropriate) and account number on all requests and supply a suitable form of identification e.g. photocopy of passport, driving licence or recent non TalkTalk brand invoice etc.
You can also call us on 0870 444 1820 to correct or update any inaccurate or incomplete information and to advise Us of any preferences You may have concerning how You can be contacted for marketing purposes or to indicate Your preferences for directory entries.
12.8. If You do not wish Your details to be used for the purposes described in Clauses 12.2 and 12.3, please write to us c/o The Data Controller, TalkTalk Telecom Limited, 11 Evesham Street, London W11 4AR stating your full name, address, account number and mobile phone number. Please note: this will not affect any marketing consent which You have already given to any of the companies referred to in Clause 12.3 in respect of agreements relating to other products and/or services.
12.9. Subject to Your rights of objection set out in this clause, and Your right of objection in the registration process, You agree that you consent to Us, TalkTalk Group or third parties contacting You for any of the above purposes whether by telephone, email, SMS or in writing and You confirm that You do not consider any of the above as being a breach of any of Your rights under The Privacy and Electronic Communications (EC Directive) Regulations 2003.
12.10. You should be aware that if We are requested by the police or any regulatory government authority investigating suspected illegal activities to provide Your Personal Information or information concerning Your activities whilst using any of the Services We shall do so. We also reserve the right to disclose individually identifiable information to third parties where a complaint arises concerning Your use that is deemed by Us to be inconsistent with these terms.
12.11. We may disclose to third parties aggregated data relating to the use of the Services provided that a single individual is not identifiable in such data.
12.12. If You purchase a mobile phone from Us, We will pass some of Your Personal Information to the Mobile Equipment National Database ("MEND") and the Stolen Equipment National Database ("SEND") (organisations operated by Recipero Limited, a company registered in England and Wales under Company No. 3794898 and with its registered office at Lawrence House, Lower Bristol Road, Bath BA2 9ET) to enable MEND or SEND to contact You in the event that You lose Your mobile phone or it is stolen from You. Please contact Us on 0870 444 1820 if You do not want this information to be passed to MEND and/or SEND. PLEASE NOTE: Once You have been registered with MEND and SEND, it is Your responsibility to ensure that You notify any change of mobile phone to MEND and SEND to ensure that there is no interruption of their service to You.
12.13. We will not collect any personal information about You unless You have chosen to give it to Us. Do not give it to Us if You do not want it collected.
12.14. We may use information We have collected about You for improving customer service, and to respond to Your queries.
12.16. When You speak to Us on the phone, some calls may be monitored or recorded in case We need to check We have carried out Your instructions correctly and to help improve Our quality of service.
13. Interactive services
13.1 We may from time to time provide interactive services on the Website, including, without limitation: chat rooms, bulletin boards, forums, newsgroups (together "interactive services").
13.2 We are under no obligation to oversee, monitor or moderate any interactive service We provide on the Website, and We expressly exclude our liability for any loss or damage arising from the use of any interactive service by a User in contravention of Our content standards (set out below), whether the service is moderated or not.
13.3 The use of any of Our interactive services by anyone aged 16 or under is subject to the consent of their parent or guardian. Where We do moderate an interactive service, We will normally provide You with a means of contacting the moderator, should a concern or difficulty arise.
13.4 Content standards
13.4.1 These content standards apply to any and all material which You contribute to, and comments You post on, the Website ("contributions"), and to any interactive services associated with it including chat, newsgroups and forums.
13.4.2 Contributions must:
188.8.131.52 be accurate (where they state facts);
184.108.40.206 be genuinely held (where they state opinions); and
220.127.116.11 comply with applicable law in the UK and in any country from which they are posted.
13.4.3 Contributions must not:
18.104.22.168 contain any material which is defamatory of any person;
22.214.171.124 contain any material which is obscene, offensive, hateful or inflammatory;
126.96.36.199 contain material which is inappropriate to the interactive service;
188.8.131.52 promote sexually explicit material;
184.108.40.206 promote violence;
220.127.116.11 contain mass messages or mass invites;
18.104.22.168 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
22.214.171.124 infringe any copyright, database right or trade mark of any other person;
126.96.36.199 be likely to deceive any person;
188.8.131.52 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
184.108.40.206 promote any illegal activity;
220.127.116.11 be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
18.104.22.168 be likely to harass, upset, embarrass, alarm or annoy any other person; be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
22.214.171.124 give the impression that they emanate from Us, if this is not the case; or
126.96.36.199 advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
13.4.4 The following rules also apply to your use of chat rooms provided on the Website:
188.8.131.52 do not type personal information into public channels;
184.108.40.206 do not give your password to anyone;
220.127.116.11 do not attempt to conceal your identity or impersonate any individual or organisation;
18.104.22.168 do not attempt to misrepresent your age to anyone; and
22.214.171.124 do not connect to the chat server more than three times simultaneously using one connection.
13.4.5 Additional Newsgroup and Forum Rules:
126.96.36.199 do not hijack a thread by repeatedly adding postings designed to draw the readers' attention to separate forum, thread, site or issue;
188.8.131.52 do not post unsolicited bulk postings or 'spam';
184.108.40.206 do not continue a thread which has previously been deleted by Forum Moderators or TalkTalk staff, unless it is with prior permission.
14.1. Payment can be made by any major credit or debit card. Payment will be debited and cleared from Your account before the provision of the Service to You.
14.2. You confirm that the credit/debit card that is being used is Yours.
14.3. All credit/debit card holders are subject to validation checks and authorisation by the card issuer and We may share Your Personal Information with such third parties as are necessary to enable Us to do such checks. If the issuer of Your payment card refuses to authorise payment to Us, We will not be liable for any delay or non-delivery.