Eagle Talk Terms and Conditions

Please read all of these terms and conditions ("the Agreement") carefully as they affect your rights and liabilities under the law and set out the terms on which We make Eagle Talk available to You. By setting up an account at www.freedom-card.co.uk ("the Website") You agree to be bound by the terms and conditions of this Agreement.

1. The Parties

"We" or "Us" means White Eagle (Europe) Plc whose registered address is ATML House, Knaves Beech Business Centre, Davies Way, Loudwater, Bucks, HP10 9QR. We can be contacted at our registered address, by email on customerservices@freedom-card.co.uk or by calling our customer service line on 0871 288 4311 (lo-call). All formal notices should be sent to our registered address.

2. What is the service?

The service We offer enables You to make international, national or local telephone calls (Calls). The service is called "Eagle Talk".

3. How do I use Eagle Talk?

You must register with Us before You can use Eagle Talk. To register to use Eagle Talk You must set up an Eagle Talk account at the Website, or through our support centre, and deposit monies onto your account.

Once You set up your account, a PIN number and access details are given to you . You can then use Eagle Talk by dialling the applicable access numbers as detailed on the Website ("Access Call"). The access numbers may change from time to time but You will be notified of any changes immediately on the Website. Eagle Talk will only be provided when You have a positive balance on your account. Following an Access Call, You can then dial your international number (including the "00" prefix) ("International Call").

You must ensure You have the bill payer's permission before using Eagle Talk. All Access Calls are billed by the telephone line provider at the rate relevant to the number dialled. All Calls are charged against the balance of your Eagle Talk account (and when the balance runs out, the call will end).

Please remember to keep all account details and PIN numbers confidential. We accept no responsibility for any misuse of account details and PIN numbers and it is your responsibility to ensure account details and PIN numbers are not open to abuse.

4. Your rights under the distance selling regulations

(a) You may cancel this Agreement in accordance with The Consumer Protection (Distance Selling) Regulations 2000 (the "Regulations") within 7 working days beginning the day after You register an account on the Website ("the Cooling-Off Period"). If during the Cooling-Off Period You use Eagle Talk to make an Access Call and attempt to make an International Call, You will lose the right to cancel this Agreement pursuant to the Regulations and any right of refund under paragraph 4(c)

(b) You may cancel Eagle Talk pursuant to the Regulations by either sending written notice to Us at our registered address or emailing Us on customerservices@freedom-card.co.uk. For your cancellation notice to be effective is must be received before the expiry of the Cooling-Off Period.

(c) If You cancel this Agreement in accordance with the Regulations We will refund any monies deposited on your account.

(d) In addition to your rights under the Regulations, your other rights to cancel this Agreement are set out in paragraphs 11 and 13.

5. Availability of Eagle Talk

(a) We will try to ensure that Eagle Talk is available for use at all times but will not be responsible to You for anything (except to refund to You any unused monies on your account) should Eagle Talk cease to be available on a permanent basis.

(b) We are not obliged to let You credit your account and We reserve the right to refuse to allow You to deposit monies on your account at any time and We will not be liable to You for anything should We do so.

6. Your responsibility to Us

You agree:
(i) that Eagle Talk is for personal use only and that You will not allow your account to be used for business or commercial purposes or for the purpose of re-sale to third parties;

(ii) to notify Us of any changes to your personal details by updating your account details on the Website as soon as any such details change;

(iii) to not use Eagle Talk for any improper, immoral or unlawful purpose or to send a communication which is, or is intended to be, a hoax call to emergency services, or which is defamatory, offensive, abusive, obscene, menacing, threatening, harassing, harmful, invasive of another's privacy, or is sexist, racist or violent, or which violates or infringes any rights of, or is designed to cause unwarranted inconvenience or anxiety to, any other person;

(iv) not to use Eagle Talk in such a way that may damage, interrupt, destroy, corrupt, limit or affect the operation, functionality or quality of Eagle Talk, the telecommunications network, the Internet or any telecommunications system used to provide Eagle Talk;

(v) not to use Eagle Talk fraudulently or illegally or contrary to any relevant law, regulation. standard or code; and

(vi) to compensate Us fully against any losses or expenses (of any kind) suffered by Us as a result of You breaching this Agreement or as a result of anything You do (or do not do) which is negligent.

7. Our responsibility to You

(a) You accept the Eagle Talk service 'as is' and We make no promises as to the availability (at any time) or security of Eagle Talk or that Eagle Talk or the networks and systems that Eagle Talk uses will be free of errors, omissions, interruptions or viruses.

(b) We will only be responsible to You for loss that You suffer as a direct result of Us breaching this Agreement.

(c) The maximum extent of our financial responsibility to You under paragraph 7(b) for any claim or series of connected claims will be the greater of £50 or the full amount of cleared credit on your account at the time We breached this Agreement.

(d) This paragraph 7 shall not limit or affect Our liability arising from any thing We do negligently which causes death or personal injury.

8. Costs and refunds

(a) The current prices for using Eagle Talk will be set out on the Website. We may change the prices for Eagle Talk at any time, so you should regularly check the Website.

(b) All costs incurred in relation to your use of Eagle Talk will be available on the Website. Should You require customer service, please contact our customer service team via our contact Us page or by calling our customer service line.

(c) We will not refund to You any cleared funds on your account for any reason unless:

(i) You cancel this Agreement in line with the Regulations; or
(ii) You cancel this Agreement under paragraph 13(b); or
(ii) Eagle Talk is permanently withdrawn as a service; or
(iii) We cancel this Agreement under paragraph 11(c)

9. Your personal data

For the purposes of this paragraph 'personal data' has the meaning as prescribed by the Data Protection Act 1998.

(a) We intend to use (and by agreeing to this Agreement You consent to Us so doing) your personal data for the following purposes:

(i) administering the relationship with You;

(ii) providing You with details of promotions, products and services which We believe may be of interest to You;

(iii) for the prevention or detection of fraud;

(iv) to deal with your enquiries;

(v) to share with other companies which We use to conduct market research (such companies will only process your personal data according to the instructions We give them); and

(vi) to help improve Eagle Talk

(b) In the interest of security and fraud detection when You call our customer service line We may monitor and/or record such calls.

10. Faults

(a) In the event of a fault You may contact our customer service team during our business hours of 9:00am and 6:00 pm Monday to Friday

(b) We will use reasonable endeavours to correct as soon as is reasonably practicable any fault notified by You.

(c) You shall pay all reasonable costs incurred by Us in investigating and remedying any fault which is attributable to a negligent act or omission by You, a breach of this Agreement by You or the failure or malfunction of your equipment.

11. Cancellation of the Agreement

(a) You or We may cancel the Agreement if the other party:

(i) is in breach of this Agreement and fails to remedy the breach within a reasonable time of being given notice to do so; or
(ii) is the subject of any insolvency or bankruptcy type procedures;
(b) We may cancel this Agreement immediately if:
(i) We cease to be eligible to provide Eagle Talk; or
(ii) You do not use Eagle Talk for 6 consecutive months; or
(iii) We are obliged to comply with an order instruction or request of government, an emergency service organisation or other competent authority; or
(iv) We suspect your involvement with fraud, money laundering or attempted fraud or acts which are defamatory, offensive, blasphemous, abusive, obscene or are of a menacing character in connection with use your use of Eagle Talk.
(c) We may cancel this Agreement for any reason by giving not less than 28 days written notice to You.

12. Intellectual Property

All intellectual property of any nature in and associated with Eagle Talk shall remain our sole property (or that of our licensors). You shall not be entitled to use any intellectual property associated with Eagle Talk or other proprietary identifying mark or symbols of ours without our prior written consent.

13. Changes to this Agreement

(a) We may make changes to this Agreement by making an announcement on the Website. Where possible, we will try to give you advance notice of the date when the change comes into affect, but this may not always be possible. Your use of Eagle Talk after the change comes into effect indicates that you agree to be bound by the revised terms and conditions of this Agreement.

(b) Should any amendment to this Agreement put You at a significant disadvantage, then You have the right to terminate the Agreement
by writing to Us at our registered address or by calling our customer service line.

14. General

(a) You may not transfer your rights under this Agreement to any other person. We may transfer our rights under this Agreement to another business where We reasonably believe your rights will not be affected.

(b) If You breach this Agreement and We choose to ignore it, We will still be entitled to use our rights and remedies at a later date or in any other situation where You breach this Agreement.

(c) We will not be responsible for any breach of this Agreement caused by circumstances beyond our control.

(d) The rights and obligations set out in this Agreement shall be solely for the benefit of, and shall be enforceable only, by You or Us and any respective successors and permitted assigns. A person who is not a party to this Agreement has no right under the Contract (Rights of Third Parties Act) 1999 to enforce any terms or conditions of this Agreement.

(e) Should either party have a dispute with the other both parties shall use reasonable endeavours to resolve any such dispute.

(f) This Agreement represents the entire agreement and understanding of the parties and supersedes all prior agreements or promises. Except as expressly provided for in this Agreement, this Agreement may only be modified if such modification is in writing and signed by Us and You.

(g) If any provision of this Agreement is held by a court or governmental agency or authority to be invalid, void or unenforceable, the remainder of this Agreement shall nevertheless remain legal, valid, and enforceable. (h) This agreement is subject to English law and all court proceedings must be brought in England, Scotland, Wales or Northern Ireland.