Website Terms & Conditions
These are the terms and conditions of use (Terms) for www.ctexcel.com (Site).The Site is operated by China Telecom (Europe) Ltd(we, us and our). We are a limited company, registered in England. Our registered company number is 05728497, and our registered office is at 2nd Floor, Bellerive House, 3 Muirfield Crescent, London E14 9SZ. Our VAT registration number is 894333986.
By using this Site you are agreeing to comply with and be bound by the following Terms. Please be aware that as the Site continues to develop we may add new services and features to our Site. In the event that these additions affect our Terms these may be amended as appropriate. We reserve the right to modify or replace these Terms at any time. Any change shall be effective as it appears on the Site. Each time you continue to use the Site, you will be deemed to have accepted any changes to the Terms. These Terms were last updated on 21st May 2012.
Access to the Site
It is your responsibility to ensure your computer system meets and is compatible with, all the necessary technical specifications to enable you to access and use the Site.
We may, from time to time, restrict access to certain features, parts or content of the Site, to users who have registered with us.
Our goal is to minimise disruption caused by technical errors, however we cannot guarantee the continuous, uninterrupted or error-free operability of the Site. There may be times when certain features, parts or content of the Site, or the entire Site, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, at our sole discretion, without notice to you.You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Site, or any features, parts or content of the Site.
We are not responsible if you cannot access our Site properly or at all because of any event outside our control, for example (without limitation) the performance of your or our ISP, your browser or the Internet.
We do not presently charge for your access to any areas of our Site but we may do so in the future and we will let you know if that happens.
To register for access to those areas of the Site which may be restricted from time to time (for example, to facilitate the purchase of credit via the Site) you must be aged 18 years of age or over.
Only one registration per person is allowed. Corporate or joint accounts are not permitted. You are required to provide us with accurate registration details and to keep your account information up to date.
When registering for an account, you must use an email address which gives you frequent access to emails sent to that address, as we may need to contact you occasionally.We will send an email to this email address which you must click on in order to activate your account. You must keep your log-in ID and password confidential at all times.
When registering for an account on the Site, you must not:
(i) impersonate or try to impersonate another person;
(ii) disclose your password to anyone else;
(iii) allow anyone else use of your account;
(iv) use anyone else's account; or
(v) provide us with any false or misleading information.
You are responsible for all activity which occurs under your log-in ID, and all use of the Site under your log-in ID will be treated as use by you. If you believe that someone else may have access to, or may be using your log-in ID or password, you must notify us immediately by emailing us via the Contact Us page.
We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms or if any details you provide for the purposes of registering as a user prove to be false.
Transactions concluded through the site
Contracts for the supply of services formed through the Site or as a result of visits made by you are governed by our General Terms which are available on request from our Customer Support team on 888 or for inspection on our website at www.ctexcel.com.
What you are allowed to do
You may only use the Site for personal and non-commercial use and only in accordance with these Terms. You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed before you access the relevant features, parts or content.
What you are not allowed to do
Except to the extent expressly set out in these Terms, you are not allowed to:
• store pages of the Site on a server or other storage device connected to a network or to the internet, or to create an electronic database by systematically downloading and storing all of the pages of the Site; or
• remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted.
You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.
All rights granted to you under these Terms will terminate immediately in the event that you are in breach of any of them.
Intellectual property rights
All intellectual property rights in any content of the Site (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in these Terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site. In the event you print off, copy or store pages from the Site (only as permitted by these Terms), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.
We may change the format and content of the Site from time to time. You agree that your use of the Site is on an 'as is' and 'as available' basis (including, without limitation, all directory listings) and at your sole risk.
Whilst we try to make sure that all information contained on the Site (other than any user-generated content, if any) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check any information on the Site and exercise your own judgement before acting upon any of the information available to you on the Site.
We make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded, although we do not exclude or limit our liability to you for any fraudulent misrepresentation we make via the site.
We cannot and do not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
From time to time we may place third party advertisements on the Site. Any dealings you may have with any third parties who place advertisements on our Site is entirely at your own risk.
Your personal information
The Site contains links to external third party websites. We have included links to these sites to provide you with access to information and services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of, or association with such operators, content or opinions.
Our liability to you
If you purchase services from us via the site, then our liability to you is governed by our General Terms.
The information contained on the Site is for information purposes only and may not be accurate or contain all relevant facts. You should check any information or recommendations on the Site and exercise your own judgement before acting upon any of the information available to you on the Site. We give no warranties of any kind in relation to the Site or its contents.
We are not liable for:
(a) if you are using this Site as a consumer, any losses which: (i) are not a foreseeable or likely result of your use of the Site; (ii) arise as a result of your unauthorised use of the Site (including without limitation any breach by you of these Terms); or (iii) were not caused by our breach of these Terms; or
(b) if you are using this Site as a business any: (i) losses specified in sub-clause (a); and (ii) loss of business; (iii) loss of profits; (iv) loss of revenue; (v) loss of anticipated savings; (vi) other loss connected with your trade, business or profession; or (vii) indirect, consequential or special loss or damage.
To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Site or relying on any of its content.
Governing law and jurisdiction
Irrespective or where you access the Site, these Terms and your access and use of the Site shall be governed by English law, and you agree that any dispute between us regarding the Terms or the Site will be dealt with by the English courts. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court in any other jurisdiction.
We make no representations that materials or information on this Site are appropriate or available for use in locations outside the United Kingdom.If you choose to access this Site from outside the United Kingdom, you do so of your own accord and are responsible for compliance with local laws.
Please submit any questions you have about these Terms or any problems concerning the Site via the Contact Us page on the Site or by email to email@example.com.
Customer Terms & Conditions
If you can't read the text below please call our Customer Care team on 0044 787 002 0888 or 888 from your mobile device and we will send you a larger print version or provide an alternative form.
Who we are
1. The CTExcel mobile telephone service is operated by China Telecom (Europe) Limited, 2nd Floor, Bellerive House, 3 Muirfield Crescent, London E14 9SZ ("us" "we" and "our"), registered in England and Wales under company number 5728497.
Who you are
2. References in this document to "you" or "your" refer to the current account holder.
3. We supply a Mobile Service to you on the terms and conditions in this document and the other documents which comprise your agreement with us.
4. Your agreement with us for the supply of your chosen Mobile Service is made up of:
(a) the terms and conditions set out in this document (the"General Terms");
(b) the details set out in the mobile service plan contained in the package provided with your SIM Card (your "Mobile Service Plan"); and
(c) our price list for the Mobile Service, which contains details of tariff information and administrative fees and Charges payable in accordance with our agreement (the "Price List"), which is available on our website here.
Together, these documents will be referred to as the "Agreement". This constitutes the entire agreement between you and us and supersedes all prior representations, agreements, statements (including innocent or negligent misrepresentations) and understandings whether verbal or in writing (but nothing in this Agreement limits our liability to you for any fraudulent misrepresentations). These terms and conditions do not affect your statutory rights.
5. We also recommend that you read our Customer Code of Practice. It does not form part of our Agreement, but contains lots of useful information, like how to obtain information if you have a disability. You can always get the most up-to-date version of the General Terms and Price List at www.CTExcel.com.
The meanings of some words used in this document
6. This list explains what the capitalized words mean in these General Terms:
Agreement has the meaning given to it in clause 4;
Charges the charges that you have to pay to us for use of the Mobile Service, details of which are set out in the Price List;
Competent Authority means the Office of Communications (Ofcom), PhonepayPlus, the Information Commissioner or any other competent Government department or any regulatory body (including any subsequent successor to the aforementioned authorities having jurisdiction over the same subject matter);
Credit means credit paid to your account, either by voucher, electronic top-up, credit or debit card, or other means approved by us, which is used to pay for the Charges you incur;
CTE Group other companies in our group of companies (including joint ventures);
Fraudulent means any fraudulent or other unauthorised use (whether actual or attempted) of any of our Mobile Services, the underlying Network, SIM Cards, vouchers, recharge codes or mobile devices, or the use or attempted use of any Mobile Service, the underlying Network, SIM Cards, vouchers, recharge codes or mobile device by corrupt, dishonest or illegal means, at any time and by any person;
General Terms has the meaning given to it in clause 4;
Internet Content has the meaning given to it in clause 34;
Mobile Service and/or CTExcel means a mobile electronic communications service provided by us to you via an electronic communications network in the United Kingdom and, depending on your chosen Mobile Service Plan, enables you to:
(a) make and receive telephone calls;
(b) send and receive a Short Messaging Service ("SMS");
(c) access the Internet; and
(d) other related services we provide to you in accordance with your Mobile Service Plan.
Mobile Service Plan has the meaning given to it in clause 4;
Network has the meaning given to it in clause 7;
Price List has the meaning given to it in clause 4;
SIM Card the electronic chip card used with a mobile device to access the Mobile Service;
Value-added Services has the meaning given to it in clause 30; and
Your Information has the meaning given to it in clause 60.
What is CTExcel?
7. CTExcel lets you access a Mobile Service provided via an electronic communications network in the United Kingdom ("Network"). We do not own the Network, but we help you get connected to it by providing you with a SIM card to access the Network and use the Mobile Service you subscribe to as part of your chosen Mobile Service Plan.
When your Agreement with us begins
8. The Agreement begins on the date we accept your request to use CTExcel, which is when we activate your SIM card. If you bought the SIM in a retail outlet, you may be able to cancel and obtain a refund from the retailer before you activate the SIM if the SIM and packaging are still intact but we do not guarantee this. If you purchased the SIM online, you may be able to cancel and obtain a refund in accordance with your cooling-off rights (see section Cancellation during cooling off below). If applicable, we will refund your purchased Credit (if any) in accordance with our refunds policy below at clause 54.
9. Your SIM will automatically be activated when you make a phone call. Alternatively you can ask us to activate it for you.
Cancellation during cooling off
10. If you purchased a Mobile Service Plan online and change your mind, you may revoke your Agreement with us, without incurring any charges, at any time before the earlier of:
(a) seven (7) working days from the day after you agree to these General Terms; or
(b) first use of your Mobile Service (for example, any event which reduces your Credit, such as making a phone call).
11. Cancellation in accordance with your cooling-off rights will occur on the date you notify us by posting a notice to us by first class post to China Telecom (Europe) limited, 2nd Floor, Bellerive House, 3 Muirfield Crescent, London E14 9SZ or emailing us at help@CTExcel.com. Notices will be deemed to have been notified to us on the third (3) working day after posting (if sent by post) or the day after the day the email was sent (if sent by email). Please retain a copy of the email that shows the time/date and that the email was sent to the correct address, if we ask. It will not be enough for you to only telephone us, please inform us by writing. We will then refund to the amount of the Credit you originally purchased in accordance with our refunds policy in clause 54. If you do not cancel the Agreement pursuant to this clause 11, you may still end this Agreement under clause 45 below but you may forfeit your Credit. If you send us notice to cancel and then use your Mobile Service before we have been able to process your request, your Mobile Service will still be cancelled but you may not be entitled to a refund of your remaining Credit.
12. If you cancel our Agreement for your Mobile Service, you do not need to return the SIM card to us.
Changes to your Agreement with us
13. We may change the terms of our Agreement at any time. We will give you advance notice of not shorter than one month of any modifications (including changes to Charges) likely to be of material detriment to you either by writing or emailing you, or sending you an SMS. If you do not agree with such changes, you may stop using your Mobile Service before the changes take effect. In the case of changes likely to be of material detriment to you (in all relevant circumstances, using our reasonable discretion) you may end our Agreement under clause 45 and obtain a refund of your remaining Credit. If you continue to use the Mobile Service after the date on which the changes come into effect, your use shall be treated that you agree to the Agreement as modified.
Charges and Payment
14. Each time you use your Mobile Service and you incur Charges, the Credit loaded with your account will be reduced by the Charges incurred. You decide how much Credit to load onto your account. If your account has no Credit you will still be able to receive incoming voice or data telephone calls, but you will not be able to make outgoing voice or data telephone calls or access the Internet (if part of your Mobile Service Plan). If you top up with Airtime, your Credit will rollover from month to month, however if you buy a bundle it will only be valid for 30 days after which the bundle expires.
15. Loading your Credit can be done in several ways, such as by calling us on 888, accessing your account via our website at www.ctexcel.com or by purchasing a top-up voucher/code at any number of retail outlets around the UK.
16. The administrative fees and Charges relevant to your Mobile Service Plan and the additional Value-added Services you choose to use are published in our standard Price List as current at www.ctexcel.com/rates or will be notified to you (in respect of Value-added Services) before you incur them. The fees and Charges may change and we may introduce new fees and Charges from time to time in accordance with clause 13 above. Prices include VAT where applicable.
17. Our calls are charged in one minute increments, rounded up to the nearest minute and then rounded up to the nearest penny.Each MMS or SMS is charged on a per message basis including VAT. Unless you ask us not to, a notification will be sent to you when your Credit gets low to remind you to top-up your Credit.
18. You acknowledge that the Mobile Service is for your residential use only and you will not resupply or resell or otherwise make the Mobile Service available to any person on a commercial, business or any other similar basis. You are responsible for ensuring that only those persons you authorise use the Mobile Service and you agree to pay all Charges relating to use of the Mobile Service. If your mobile phone or SIM Card is lost, stolen, damaged, destroyed or used by an unauthorised person, we will not be able to provide you with a refund of the Credit used.
19. You can view your bill online by accessing your account via our website at www.ctexcel.com.
20. When roaming abroad you will be charged for the calls you receive as well as for those that you make. They will be charged at the relevant country tariff set out in our Price List. These are likely to be higher to the home (UK) rates, so please consult the Price List carefully. Unless you ask us not to, you will also be notified of the tariff by SMS upon arrival into the relevant country. We will decide in our sole discretion whether to permit roaming services.
21. Calls from your mobile device to our Customer Care will not be charged or deducted from your Credit unless otherwise stated in your Mobile Service Plan. Calls to our Customer Care from any other mobile device not using our service will be chargeable in accordance with our Charges.
22. An SMS contains up to 160 characters. Messages which go over 160 characters will be considered a new message for the purposes of charging and every message will be charged at the standard text message rate (even if the entire 160 characters are not used). Standard text message prices exclude premium rate text messages, international, roaming, reverse charged and long text messages .
23. MMS is limited to a maximum size of 300kb. If a message contains multiple media items you will be charged for the most expensive item in the message, for example, if you send a message containing a picture and video clip you will be charged the video message price.
The CTExcel Mobile Service
24. In order to keep your existing UK mobile phone number you will have to provide us with the PAC code from your previous mobile phone company. They will give you the PAC code if you call them to ask for it. We will then transfer your existing UK number to your Mobile Service within one (1) working day of you providing us with the PAC code. The telephone number associated with your SIM card does not belong to you and may only be transferred to another service provider in certain circumstances. For more information on porting in and out please refer to our Customer Code of Practice.
25. We will take all reasonable steps to make the Mobile Service available to you at all times, but we do not guarantee our Mobile Service will be available in all parts of the UK. The Mobile Service is only available within the range of the base stations that make up the Network. Any coverage maps are our best estimate but not a guarantee of service coverage which may vary from place to place. Unless you have international roaming, the Mobile Service may also not be available to you abroad and even with roaming enabled, the Mobile Service may not be available in all countries unless we have a roaming agreement with the foreign network provider. Call Customer Care on 888 before you travel to find out the availability and tariffs of your destination.
26. The quality of your service will be the same as we provide for all our customers. We will use the reasonable skill and care of a competent service provider to try and provide you with a 24/7 service but we do not guarantee that the Mobile Service will not drop-out or be fault free, and it the quality and availability of the Mobile Service may sometimes be affected by factors outside our control, such as local physical obstructions, atmospheric conditions, other causes of radio interference, features or functionality of your mobile device, the number of people trying to use the Network at the same time, and faults in other telecommunication networks to which the Network is connected. As such, the Mobile Service is provided on an "as is" basis and, as this is an agreement for services, to the full extent permitted by law we provide no warranties in relation to the Mobile Service and in particular no warranties that the Mobile Service is of merchantable quality, fit for a particular purpose, suitable, reliable, accurate, complete or secure, although we will take reasonable steps to implement reasonable security measures. We will not be responsible for any delay or failure to provide the Mobile Service for reasons beyond our reasonable control. Overseas networks may also be limited in quality and coverage. Please note that this does not affect your statutory rights. If the Mobile Service is suspended for a sustained period you may be able to cancel without penalty and obtain a refund of remaining Credit. See "suspending CTExcel" for more details.
27. You will be able to access UK emergency service organisations by using the emergency call numbers "112" and "999" at no charge. Please note that although your mobile device will still work in the event of an electrical power failure in your home, it will not if your mobile device is faulty or without power.
28. To access your account or the Services we may provide you with a password, security code or secret word. You must at all times keep such password, secret word or security code confidential and secure, and you must tell us immediately if such is disclosed to any unauthorized person. We may disclose any information in connection with your account to anyone who correctly quotes your password, security code or secret word.
29. The SIM Card, the code on the SIM Card and the associated telephone number remains the property of us and our partners and you may not attempt to transfer or sell the SIM Card or the associated telephone number without our consent. You must not try to interrogate a SIM Card or reverse engineer the code. Call Customer Care on 0044 787 002 0888 if your SIM Card becomes lost, stolen, damaged, destroyed or compromised and we will issue you a new one for a nominal charge (see Price List at www.ctexcel.com/rates for the current charge), unless we determine that there was an inherent fault with the SIM Card (in which case we won't charge you).
30. You may not be able to call all countries, all international numbers and premium rate numbers. Unless otherwise agreed, the Mobile Service does not include call divert or call waiting. In addition to the included services in the Mobile Service Plan, you may choose to take from us optional services made available from time to time, including but not limited to roaming and international services, premium rate services, directory enquiry services, and other third party services ("Value-added Services") We may add, replace or discontinue any of the Value-add Services at anytime and do not guarantee that they will always be available. Any additional terms governing the Value-added Services shall be notified to you before purchase.
31. We only agree to provide our Mobile Service to mobile devices which are compatible for use with the Mobile Service in accordance with international standards and lawfully obtained by you. Your existing mobile device may be locked to another network and you may need to obtain an unlocking code from your current service provider to be able to receive the Mobile Service. If you fail to enter the correct code it may result in your mobile device becoming permanently blocked. We do not accept responsibility for mobile devices blocked in this way.
32. The number of messages you can save to your voicemail may be limited and the confidentiality of messages is not guaranteed by us. You may not be able to access or use your voicemail when outside the UK.
33. You may be able to access the Internet via your Mobile Service and you agree to comply with the terms and conditions and/or acceptable use policies of any third party content provider. Your dealings with these third party providers, and interest in promotions, services or merchants (including premium rate services) found by using the Mobile Service, unless expressly stated by us, are solely between you and the person with whom you are dealing. We are not responsible for losses or damages you may incur from such dealings. Further, we are not responsible for web sites you access or the content on them. You are responsible for all information that you upload, email or otherwise transmit via your mobile device. You acknowledge that the Internet is not a secure environment. You ability to access a secure Internet environment will be dependent on your mobile device and the third party supplier of Internet Content. We are not responsible for unauthorised access to your mobile device via programs or material downloaded to your device via the Mobile Service, unless caused by our negligence.
34. For Internet access, you acknowledge that all the visual, textual or other information published or otherwise made available (directly or indirectly) on the Internet ("Internet Content") using the Mobile Service whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Information originated. This means that you, and not us, are entirely responsible for all the Internet Content that you upload, email or otherwise transmit via Internet access. You may only use the Internet Content in a way that does not infringe the intellectual property rights of others.
35. The default setting of your Mobile Service will be programmed so that you are barred from accessing adult Internet Content. You are not permitted to access age restricted services (if any) if you are below the age specified to access the services. We need to be reasonably satisfied that you are over 18 years of age for us to change the setting. If you are allowed to access the age restricted services you must not show or send content from those services to anyone below the specified age. If you let anyone under the specified age use your mobile device you must ensure that you deactivate access to the age restricted services. Please call us on 0044 787 002 0888 or 888 from your mobile device.
36. You agree to comply with our reasonable directions from time to time, for example, if we ask you to:
(a) change the mobile phone number or any other name, code or number or technical specification associated with the Mobile Service for reasons beyond our control such as where requested to do so by a governmental or regulatory body. If this is the case we will give you reasonable notice and explain why; or
(b) swap your SIM card with a new one.
We will reimburse your reasonable costs of doing so.
37. If you encounter a problem with your Mobile Service, please call Customer Care on 0044 787 002 0888 or 888 from your mobile device. We can offer you remote advice free of charge. Unfortunately, we do not support mobile devices but can tell you if yours is compatible with your Mobile Service.
38. CTExcel is a consumer service, meaning that you may only use the Mobile Service for non-commercial purposes (for example, you must not re-sell, re-supply or distribute the Mobile Service to third persons). In addition, you must not, and must not allow anyone else to use the Mobile Service or the SIM Card:
(a) for illegal peer-to-peer or other types of illegal file sharing;
(b) for any illegal, unlawful, improper, immoral or unlawful purpose;
(c) for any illegal, unlawful, improper, immoral or unlawful purpose;
(d) in any manner which is, or is intended to be, malicious, Fraudulent or a hoax (including to the emergency services);
(e) to cause, or knowingly allow others to cause, any nuisance, annoyance or inconvenience whether to the our wholesale provider of the Mobile Service or the underlying Network operator, including but not limited to the use of the Network for the persistent sending of unsolicited communications without reasonable cause;
(f) to breach the rights of any third party (for example, copyright), including rights to privacy and rights in and to confidential information;
(g) to connect a single point of access to a GSM network (“GSM Gateway”) to the Network or for the operation of "SIM boxes";
(h) in any mobile device or equipment that is incompatible with the Mobile Service or SIM Card or is not otherwise compliant with all relevant technical standards, legislation or regulation relating to its use;
(i) to circumvent any age-restricted service mechanisms;
(j) other than in accordance with your obligations in this Agreement; or
(k) in any way which damages or may damage or impair, interfere with, jeopardise, or affect the operation, quality or integrity of the Network and/or the operation of the Mobile Service or other networks or services supplied in conjunction with the Mobile Service, or cause harm to any persons.
You agree to compensate us for all direct and reasonable losses, costs, damages and expenses we may incur because someone other than you brings a claim, action or proceeding against us in connection with your non-compliance with this clause.
39. You must comply with all applicable regulations, conditions, directions, decisions, orders and notifications made by a Competent Authority, and other authorisations, laws, licences, conditions, directions, codes or regulations relevant to your use of the Mobile Service, and where reasonable for you to do so and where reasonably requested by us, co-operate with any enforcement action of a Competent Authority or the requirements of a code governing our activities under this Agreement.
40. You must comply with any reasonable directions issued by us or our wholesale provider of the Mobile Service or the underlying Network operator which concerns your use of the Mobile Service and you agree to provide reasonable co-operation with our reasonable security and other checks (which may include us contacting you by telephone). Although we will never call you to ask for your password.
41. Your Mobile Service Plan may be subject to fair use limits, which may include limits in respect of maximum daily call volumes, daily/monthly data usage and limits on individual call durations. Exact details of these will be notified to you at the point of purchase. If we ask you to moderate your usage in accordance with the fair use limits described and you do not, we have the right to suspend and/ or terminate your use of the Mobile Service without compensation to you.
42. We or the Network provider may suspend the Mobile Service immediately at any time without telling you and without incurring any liability to you if:
(a) there is an emergency or threat to security of the service or Network;
(b) we or the Network Provider need to carry out repairs or maintenance to the Mobile Service (and we shall try to minimise the disruption as much as practicable);
(c) we are told to by the Government, the emergency services or any other lawful authority;
(d) the Network provider exercises its right to do so as owner of the Network;
(e) we need to migrate the Mobile Service from one Network to another; or
(f) we reasonably consider you are in breach, or are likely to breach, any or all of your obligations in clause 38, or your Mobile Service is being used in such a way (even if you do not know the Mobile Service is being used in such a way) contrary to your obligations in clause 38; or
(g) you or anyone who uses your SIM Card damages the Network or puts the Network at risk of harm, or abuses or threatens our staff.
In all cases we will endeavour to give you reasonable notice where practicable (although we are not obliged to), and in the circumstances set out at sub-clauses (a) to (e) will use our reasonable endeavours to reinstate all affected services within the minimum possible time. If a suspension continues for a continuous period of more than 24 hours, you may end your Agreement with us by notifying us in accordance with clause 48 and if we reasonably determine the cause of the suspension is not due to your actions (including by failing to act), you will qualify for a refund of your remaining Credit. However, if you use the Mobile Service after service has resumed or the cause of the suspension is due to your actions (including by failing to act), we do not have to provide you with a refund. Any exercise of our right to suspend the Mobile Service shall not exclude our right subsequently to terminate this Agreement.
43. We have the right to bar your Mobile Service (other than the ability to make calls to the emergency services) and/or disconnect your Mobile Service if:
(a) we reasonably consider you are in breach of any or all of your obligations in clause 38, or your Mobile Service is being used in such a way (even if you do not know the Mobile Service is being used in such a way) contrary to your obligations in clause 38; or
(b) in the event of loss or theft or if we reasonably suspect Fraudulent use of a payment card, your SIM Card and/or mobile device.
You may have to pay an unbarring charge, and if you choose not to then your Mobile Service will eventually be disconnected after 3 months, this Agreement will come to an end and any remaining Credit on your account is non-refundable.
How you may end your Agreement
44. If you purchased the Mobile Service online and you want to end your Agreement with us before you've started using the Mobile Service for the first time, please read "Cancellation during cooling off" at clause 10 above.
45. You may end your Agreement with us:
(a) immediately by notifying us if we breach this Agreement in a material way and do not put it right within 21 days of you firstly asking us to do so by written notice;
(b) immediately if we notify you of changes this Agreement to your material detriment (in all relevant circumstances, using our reasonable discretion) and you give us written notice to end the Agreement, such notice to be provided to us before the changes take effect;
(c) immediately by notifying us if all of the Mobile Services are permanently no longer available to you;
(d) if you have the right to do so elsewhere in the Agreement; or
(e) by calling Customer Care on 888 and simply requesting a disconnection, upon which your Mobile Service will be cancelled within 30 days of us receiving your request.
By ending your Agreement with us your recognise that your SIM Card may be de-activated and you may lose your phone number.
46. Your right to end your Agreement with us under clause 45(b) does not apply if:
(a) the changes to the Agreement relate solely to an increase or change to a Value-added Service in which case you may only cancel that Value-added Service; or
(b) the changes to this Agreement are made as direct result of a new law, regulation, new or increased tax or a percentage increase in accordance with an increase to the Retail Prices Index Figure ("RPI") (also calculated as a percentage).
47. If you end your Agreement with us under either of sub-clauses (a), (b), or (c) of clause 45, you will qualify for a refund of any remaining Credit on the date of termination. If you end your Agreement with us under sub-clause (e) of clause 45, you will not be entitled to a refund of any remaining Credit.
48. Other than where you simply request a disconnection, which you can do by calling Customer Care on 888, in order to end your Agreement with us for one of the other reasons set out in clause 45 you will need to send us written notice. You can do this by one of three ways:
(a) delivering by hand during business hours, to 2nd Floor, Bellerive House, 3 Muirfield Crescent, London E14 9SZ;
(b) posting it to us by first class post, to the address set out above; or
(c) emailing it to us, at firstname.lastname@example.org.
Notices sent by post will be deemed to have arrived at their destination on the third working day after the day of posting, notices delivered by hand will be given when delivered, and notices given by email will be deemed to have been delivered the day after the day the email is sent, provided you can show us that the email was sent by you to the correct address without notification of bounce-back if we request.
49. If you stop using the Mobile Service for three months, your Mobile Service will be automatically disconnected and the Agreement will automatically end and you will lose any remaining Credit and your telephone number.
How we may end this Agreement
50. We may end our Agreement with you at any time without liability to you:
(a) if we give you thirty (30) days' notice;
(b) immediately upon giving you notice if you breach an important term of your Agreement with us (including any of your obligations in clause 38);
(c) immediately with notice if you fail to pay the Charges when they are due and you do not put it right within seven (7) days of our request;
(d) immediately with notice if you breach any other term of your Agreement with us and do not put it right within 21 days of us asking you to do so;
(e) immediately with notice if a voluntary arrangement is proposed, or a bankruptcy petition is presented or a bankruptcy order is made against your or a receiver or trustee is appointed on your estate;
(f) immediately with notice if we are required to comply with an order, instruction or request of any competent Government department or regulatory authority;
(g) immediately with notice if our authority to provide the Mobile Service is ended; or
(h) immediately with notice if any information you give to us is not true at the time you give it, or we discover, according to the information we have at hand, that you or someone permitted by you has been, or is, Fraudulent.
51. If we end your Agreement with us under either of sub-clauses (a), (f), or (g) of clause 50, you will qualify for a refund of any remaining Credit on the date of termination. If we end your Agreement with us under sub-clauses (b), (c), (d), (e) or (h) of clause 50, you will not be entitled to a refund of any remaining Credit.
52. When we are required to notify you these will be in writing and shall be sent to you either by posting to your address as given to us during the registration process or any other postal address you supply to us for the purpose, by sending an SMS, which shall be sent to your mobile phone number, or by email, which shall be sent to the email address you give to us during the registration process or any other email address you supply to us for the purpose. The notices shall be deemed sent in accordance with the timeframes set out in clause 48 (and for the purposes of that clause an SMS shall follow the same process as an email).
53. Both of us must continue to comply with this Agreement until the date of termination. On the date of termination any remaining Credit shall be used to pay for any outstanding Charges incurred before refunds (if applicable) are issued. The end of this Agreement, for whatever reason, shall not affect either of our rights or liabilities.
54. If you qualify for a refund by us then we shall refund the applicable amount by deposit to your nominated bank account if you loaded your Credit by cash or purchased a top-up voucher/code from a retail outlet, or we shall refund the amount onto your debit or credit card, if you loaded your Credit with us by using a debit/credit card. Call Customer Care on 0044 787 002 0888 or 888 from your handset.
55. If a SIM Card is shown to have an inherent fault, we will replace the SIM Card free of charge or refund its price (if any). Your remaining Credit will be transferred where a replacement SIM Card is given.
Our responsibility to you
56. Our liability: (a) for death or personal injury caused by our negligence or the negligence of our employees or agents; (b) under Part 1 of the Consumer Protection Act 1987; (c) for breach of any condition as to title or quiet enjoyment implied by section 12 Sale of Goods Act 1979 or section 2 Supply of Goods and Services Act 1982; (d) for fraudulent misrepresentation; or (e) for misuse of Your Information otherwise than as permitted by this Agreement, is not excluded or limited by this Agreement, even if any other terms of this Agreement would otherwise suggest that this might be the case.
57. Except as set out in clause 56 above, and clauses 58 and 59 below, our total liability to you for something we or anyone who works for us does or does not do will be limited to ￡3,000 for each SIM Card for one incident or ￡6,000 for each SIM Card for a number of incidents within any 12 month period.
58. If you entered into this Agreement as a consumer, we shall not be liable to you for losses that were not reasonably foreseeable to both of us when the Agreement was formed, and since you are only permitted to use the Mobile Service for domestic and private use, we shall not be liable to you for any loss of income, business, business interruption or opportunity or loss of profits. For all other categories of loss which are reasonably foreseeable, we shall be liable to you up to the financial limits specified in clause 57.
59. If you did not enter this Agreement as a consumer, we are not liable to you in any way for any loss or damage that was not reasonably foreseeable to both of us when the Agreement was formed, or for any loss of income, business, business interruption or opportunity, anticipated savings or profits, or loss of data or property or loss of use of property, whether or not such losses arise as a direct or indirect result of the event giving rise to the liability.
Use of your information
60. We and other members of the CTE Group will use your account details, information relating to the provision of the Mobile Service, and other information about you available to us from your use of the Mobile Service including but not limited your contact/account details (e.g. your name, address, date of birth, email address, mobile phone number and spend), traffic data (e.g. the numbers you call, the type, date, time, location and duration) and caller location information (e.g. GPS) (“Your Information”) so that we can properly perform our obligations under this Agreement. If you change any of your details please let us know.
61. We shall comply with all applicable data protection legislation in place in the UK from time to time including the Data Protection Act 1998. You are also required to comply with all data protection legislation. In addition, you must maintain all required registrations, including those reasonable requested by us to enable us to process Your Information in connection with the performance of our obligations under this Agreement.
62. We may share Your Information with other members of the CTE Group (some of whom may be outside the European Economic Area (EEA), for example, the People's Republic of China). We will ensure to implement the necessary protections required by UK data protection legislation for the lawful transfer of Your Information outside the EEA. You consent to such transfers. In the event that we undergo a re-organisation or are sold to a third party, you agree that Your Information may be transferred to the re-organised entity or third party, subject to terms no less onerous than those relating to our data protection obligations in this Agreement.
63. You consent to us using and/or disclosing Your information for a number of purposes and consent to us using third parties to support us with those purposes which include, without limitation:
(a) using and sharing Your Information to the extent necessary to carry out the Mobile Service in accordance with your Mobile Service Plan, including by sharing Your Information with our suppliers and the Network provider in order to do so,
(b) processing your orders or applications, administering your account and billing, settling accounts with those who provide related services to us and/or you (including Value-added Services), disclosing your data to banks and debit/credit card companies to authorise your credit or debit card details, dealing with your Customer Care related activities, debt recovery (also using recovery agents and agents facilitating contact with you) and legal actions and all other general administrative and business purposes;
(c) carrying out market and product analysis of Your Information to develop and improve our products and services;
(d) unless you specifically ask us not to, telling you about the products and services, new developments, special offers, discounts and awards which we believe may be of personal interest to you in respect of:
(i) our business; and
(ii) subject to any preferences indicated by you at the time you apply to enter into this Agreement or subsequently, other members of the CTE Group or third parties carefully selected by us, but without passing control of Your Information to the relevant group company or third party concerned;
(e) passing on relevant Your Information to organisations from whom you have ordered products and services;
(f) carrying out any activity or disclosure in connection with a legal, governmental or regulatory requirement on us, or in connection with national security, legal proceedings and for the prevention and detection of crime or fraud and the prosecution of offenders or suspected offenders (including the operators and participants of crime prevention schemes in which we participate who may compare Your Information with information collected from other sources and who may keep a record of the searches we make against your name);
(g) carrying out ancillary activities connected with the running of our business such as personnel training, quality control, Network monitoring, testing and maintenance of equipment;
(h) providing your caller location information to emergency services organisations for the purpose of locating you in an emergency;
(i) passing Your Information for any specific purpose to certain third parties (some of whom may be based outside of the European Economic Area ("EEA")) where necessary or required for data storage or data processing purposes (e.g. our web, WAP and similar sites may be based on servers located outside of the EEA), and to those who provide products or services that support the Mobile Service, such as our vendors and suppliers (e.g. third parties who provide Customer Care facilities or billing support); and
(j) if someone else pays your bill, such as your employer, sharing Your Information with that person.
64. Please note that we may record your telephone calls to us and we will keep a record of personal information you provide to us in connection with the Mobile Service.
65. You have options as to whether or not to include some of Your Information in a directory. Please call us on 0044 787 002 0888 or 888 from your mobile device.
66. If you wish to use our Mobile Service overseas, it may be necessary to transfer your information outside of the EEA to the relevant country. In addition, you acknowledge that some of the companies receiving Your Information pursuant to clause 63 may be located outside the EEA. Please note that the data protection and other laws of countries outside the EEA may not protect you as well as those within the UK, however we will ensure to implement the necessary protections required by UK data protection legislation for the lawful transfer of Your Information outside the EEA. You consent to such transfers.
67. You should be aware that if we are requested by the police or any Competent Authority investigating suspected illegal activities to provide Your Information or information concerning your activities whilst using the Mobile Service we shall do so.
69. This Agreement is personal to you and therefore it may not be assigned or transferred by you to any other person without our prior written consent. We have the right to assign both the benefit and burden of this Agreement together with any associated rights of access and installation at any time to any company or person without your consent, provided that your consent shall be required if such assignment may adversely affect the Mobile Service or levels of service provided to you.
70. The failure by either you or us to exercise or enforce any right under this Agreement shall not be deemed to be a waiver of such right or to bar the exercise or enforcement of it or any other right.
71. When you use your SIM Card, the identity of your mobile phone number may be sent through the networks so as to be identified by the number being called. Your number may be used to divert calls to us for administration and for the investigation of fraud. You may be charged for any diversion. The identity of your mobile phone number will always be sent if calling emergency services in the UK. If you do not want your number displayed on receiving handsets key 141 before the number you wish to call. Otherwise you agree that the Network may allow the display of your mobile phone number on receiving handsets.
72. Neither party is liable for any breach of this Agreement (except as regard to your non-payment of charges) which is caused by something beyond their reasonable control including Acts of God, fire, lightning, extremely severe weather, flood, a national or local emergency, acts of terrorism, explosion, war, military operations, civil disorder, damage to the Network, vandalism, sabotage, industrial disputes or acts of any Government department or any regulatory body (including the Office of Communications).
73. If any provision (or part of a provision) is held invalid, illegal or unenforceable for any reason, it shall be severed and the rest of the provisions in this Agreement shall continue as if the Agreement had commenced without that provision (or such part of that provision).
74. We will take reasonable steps to implement reasonable security measures. You must however be aware that for reasons beyond our control there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. For this reason we cannot guarantee the security of your communications. Also, read carefully the instructions provided with your mobile device. Depending upon the manufacturer and model, your mobile device may send information stored on it and receive information to and from certain third parties without your knowledge.
75. If either of us need to send notices to the other they must be in writing and sent following the process set out in clauses 48 or 52 (as applicable).
76. If you have a dispute or complaint please read our Complaints Code of Practice available here at www.ctexcel.com/bottom_ComplaintsCodeofPractice for information on how to make a complaint, and what your rights are.
77. A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement, but this does not affect any right or remedy of a third party which exists or is available apart form that Act.
78. This Agreement is subject to the laws of England and Wales and any disputes will be settled in the Courts of England and Wales, Scotland or Northern Ireland (as applicable). Details are set out in our Customer Complaints Code of Practice available here.
Policy to manage illegitimate usage
79. Your use of the Services must be for your private, personal and non-commercial purposes. You may not use your SIM Card:
(a) in or connected to any other device including modems, dongles and tablet devices, or any other way to connect to a PC (unless you are on a bundle plan with a limited mobile internet allowance). This includes using your phone as a WiFi hotspot in order to connect multiple devices, and any other form of tethering activity.
(b) for any form of automated usage of mobile services;
(d) in such a way that adversely impacts the service to other CTExcel customers; or
If CTExcel reasonably suspects you are not acting in accordance with the conditions of this clause, CTExcel reserves the right to impose standard charges, impose network protection controls (which may reduce your speed of transmission), remove a Bundle from your account or block access to the internet at any time, and/or bar or suspend your SIM Card from the Service, having first tried to contact you.
Unlimited bundle terms and conditions
These terms apply to all CTExcel customers purchasing an unlimited bundle.
Unlimited bundles are allowed to be used only in the UK.
The offer is subject at all times to a fair usage policy of 8192 MB, 2000 minutes and 2000 texts (as appropriate) each month. Usage above this amount will constitute abuse and CTExcel may monitor usage and withdraw the Offer from your account if the fair usage policy is abused.
Purchase of these bundles is, in addition to these terms, subject to your normal Terms and Conditions CTExcel reserves the right to replace, amend or withdraw the offer (in whole or part) or these terms at any time on reasonable notice.
EU Usage abuse
Once a SIM and a bundle has been activated, CTExcel may consider it's abuse and suspend the SIM if only non-UK usage has been monitored within 10 days.
We are committed to protecting your privacy. We appreciate that you do not want the personal information you provide to us distributed indiscriminately and here we explain how we collect information, what we do with it and what controls you have.
Personal information we may collect from you
We may collect and process the following personal information about you:
・information (such as your name, email and postal address, telephone number, gender and country of residence) that you provide to us, including when you register as a user of the Services and/or the Site;
・in connection with an account sign-in facility, your log-in and password details;
・details of any calls/billing to assess usage and for the purposes of billing. We never monitor the content of your communications;
・ details of any transactions you undertake including details of payment cards used;
・ communications you send to us, for example to report a problem or to submit queries, concerns or comments regarding the Services and/or the Site; and
・ information from surveys, promotions and competitions that we may, from time to time, run on the Site, if you choose to respond to, or participate in, them.
You are under no obligation to provide any of the above information. However, if you should choose to withhold requested information, we may not be able to provide you with the Services or certain other services in relation to the Site.
We may, from time to time, run referral programmes or similar initiatives, such as a "Refer a Friend" programme, which allows you to recommend a friend to use the Site who may find our products or services to be of interest. You acknowledge and agree that by using such "Refer a Friend", we are not provided with the contact details of any third party. Any details entered by you into the "Refer a Friend" facility are not retained by us and go directly to the third party concerned.
Uses made of your personal information
We will use the personal information you provide to:
・ identify you when you sign-in to your account;
・ enable us to provide you with the Services, and the services and information offered through the Site, which you request;
・ administer your account with us;
・ send you information we think you may find useful or which you have requested from us, including receipt of marketing communications provided you have indicated that you are happy to be contacted for these purposes;
・ enable us to contact you regarding any enquiries you may make through the Site or otherwise from time to time;
・ analyse the use of the Services and/or the Site and the people visiting in order to improve our content and services;
・ use for other purposes that we may disclose to you when we request your information; and,
・ subject to your agreement, allow carefully selected third parties to send you information directly which you may find useful regarding their products and services.
・ If you purchase Services from us (including the CTExcel Service) there are also additional terms governing our collection and use of your information, which can be read here.
Non-personally identifiable information
When you visit the Site, we may automatically collect system-related information about your visit, such as the type of internet browser you use, the website from which you have come to the Site and your IP address (the unique address which identifies your computer on the internet) which is automatically recognised by our web server.
Cookies and similar technology
Please note that the law on cookies changed on 26 May 2011. We are currently considering what these changes mean for CTExcel and how we can comply. In the meantime, please see the general statement on the cookies we use below.
Cookies are pieces of information that include a unique reference code that a website transfers to your device to store and sometimes track information about you.A number of cookies we use last only for the duration of your web session and expire when you close your browser. Other cookies are used to remember you when you return to the Site and will last for longer.
・ remember that you have used the Site before; this means we can identify the number of unique visitors we receive to different parts of the Site;
・ allow you to navigate the Site more quickly and easily;
・ remember your login session so you can move from one page to another within the Site;
・ store your preferences;
・ customise elements of the layout and/or content of the pages of the Site for you; and
・ collect statistical information about how you use the Site so that we can improve the Site
Most web browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set.You can also learn more about cookies by visiting www.allaboutcookies.org which includes additional useful information on cookies and how to block cookies using different types of browser. Please note however, that by blocking or deleting cookies used on the Site you may not be able to take full advantage of the Site if you do so.
A description of the cookies and the general purpose we use these for is provided below:
||Type and duration
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In addition to cookies we use the following similar technologies in respect of your use of the Site：
・ Pixel Gifs-these are small image files that are placed within the body of our newsletters so we can understand whether these are read and if particular content in the newsletter is of interest. This way we can improve the relevance of the content of our communications to our readers;
・ Flash cookies-We may use Adobe Flash Player to display video or image content. It may not be possible to block or restrict flash cookies using your browser settings, however information on how to control Flash Player privacy, and security settings is available from the Adobe website at:http://www.adobe.com/products/flashplayer/security
We may disclose aggregate statistics about visitors to the Site in order to describe our services to prospective partners, advertisers, sponsors and other reputable third parties and for other lawful purposes, but these statistics will include no personally identifiable information.
We use service providers to provide elements of the Services and some of your information is shared with these service providers to facilitate this.These service providers are data processors for the purposes of the Data Protection Act 1998 and put in place all appropriate technical and organisational security measures to be compliant with that law.They only use and retain your information for such purposes and for such periods of time as are absolutely necessary to facilitate our provision of the Services to you.
We use service providers to provide certain services in support of the Site. These service providers may need to have access to your information in order to provide their services to us.SSL encryption is employed to ensure any such data is protected.
Certain services identified on this site are offered by business partners. If you wish to take up those services you will need to share your information with them in order to receive these services.
We may disclose your personal information if legally entitled or required to do so (for example if required by law or by a Court order or if we believe that such action is necessary to prevent fraud or cyber crime or to protect the Site or the rights, property or personal safety of any person).
The Site may, from time to time, contain links to external sites. We are not responsible for the privacy policies or the content of such sites.
We place great importance on the security of all personally identifiable information associated with our users. We have security measures in place to attempt to protect against the loss, misuse and alteration of personal information under our control. For example, our security and privacy policies are periodically reviewed and enhanced as necessary and only authorised personnel have access to personal information. Whilst we cannot ensure or guarantee that loss, misuse or alteration of information will never occur, we use all reasonable efforts to prevent it.
You should bear in mind that submission of information over the internet is never entirely secure. We cannot guarantee the security of information you submit via the Site whilst it is in transit over the internet and any such submission is at your own risk.
It is advisable to close your browser when you have finished your user session to help ensure others do not access your personal information if you use a shared computer or a computer in a public place.
Data storage and international transfers
This website might contain some external links. We are not responsible for these external websites' privacy policies and/or their contents.
Information that you submit in relation to provision of the Services or via the Site may be transferred to countries outside the European Economic Area (“EEA”). By way of example, this may happen if one or more of our servers are from time to time located in a country outside the EEA or one of our service providers is located in a country outside the EEA. We may also share your information with other members of the CTE group (some of whom may be outside the European Economic Area (EEA), for example, the People's Republic of China). If you make contact with any business featured on the Site your details may be transferred outside the EEA. If we transfer your information outside the EEA in this way, we will take steps to ensure that your privacy rights continue to be protected.
In addition, if you use our services while you are outside the EEA, your information may be transferred outside the EEA in order to provide you with those services.
You have a legal right under the Data Protection Act 1998 to a copy of all the personal information about you held by us. On request, we will provide you with a copy of this information subject to a fee not exceeding the prescribed fee permitted by law. You also have a right to correct any errors in that information. As mentioned above, you have a right to prevent the use of your personal information for direct marketing purposes.