Terms of Service
YOU CANNOT ACCEPT THESE TERMS IF YOU ARE NOT LAWFULLY ENTITLED TO USE THE APP IN THE COUNTRY IN WHICH YOU ARE LOCATED OR RESIDENT OR IF YOU ARE NOT OF AGE TO FORM A BINDING AGREEMENT WITH QUALITY SERVICES.
References to “we”, “us” and “our” are to QS and we refer to you as “you” and “your”, while words that begin with capital letters are used across these terms as definitions
IMPORTANT – No access to Emergency Services. QS does not intend that the App is a replacement for your mobile phone or fixed line telephone. The App will not permit you to make emergency calls to the Emergency Services and you must ensure that you are able to make such emergency calls using alternative communications arrangements.
In these Terms the use of “device” means the mobile ‘phone, tablet p.c. or other similar or analogous equipment upon which the App is capable of being installed and “operating system provider” means Apple, Android or any other provider of an operating system on your device.
1. Licence and restrictions
1.1 The App is licensed, not sold, and we reserve all rights not expressly granted in these Terms. Provided that you comply with these Terms, we grant you a limited, non-exclusive, non-sublicenseable, non-assignable, licence to download and install the App on the mobile product that you own or control.
1.2 You acknowledge that there may be some devices (particularly those running older or unsupported versions of operating systems, or that have been jail broken, rooted or otherwise modified) that it will not work on.
1.3 You agree that you will not use the App (or any part of it):
1.3.1 to provide communication products or services to third parties;
1.3.2 for any unlawful or fraudulent purpose, for instance, to make any communication which is malicious, fraudulent or hoax or in any way which may damage or affect the operation of the App or the underlying infrastructure used do deliver the services through the App.
1.4 You must use the App in accordance with the laws of where you are located. Some countries may place restrictions on the download and use of the App and it is your responsibility to ensure that you are legally allowed to use the App where you are located.
1.5 You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) that you are not on any U.S. Government list of prohibited or restricted parties.
1.6 You agree that, where the App is downloaded by you via iTunes, Apple, and Apple’s subsidiaries are third party beneficiaries of these Terms and that, upon your acceptance of these Terms, Apple and Apple’s subsidiaries will have the right (and will be deemed to have accepted the right) to enforce these Terms against the you as a third party beneficiary thereof.
1.7 The App is a consumer service. If you do use the App for business or commercial purposes you will compensate us for all liabilities, claims, damages, losses and costs (including legal costs) which we may suffer because someone (other than you) makes or threatens a claim against us because the App is faulty or cannot be used by them.
1.8 The top-up process, including payment credit cards details, are securely processed by our trusted partner organisations and all queries relating to top-up and payment processes should be directed to customer services who will re-direct your query accordingly.
2. Validity period of calling credit and call rates
2.1 When you use the App to access the services delivered through the App, the balance on your user account will be reduced in proportion to the length of the call and will also depend on the destination to which you are calling. The rates available to destinations are set out in the app.
2.2 Call rates vary between destinations and are inclusive of VAT. Rates displayed in advertisements, promotional literature, tariff sheets and elsewhere are shown in pence per minute.
2.3 We reserve the right to alter the rates to any destination or available destinations at any time.
2.4 Rates as shown are for accessing services via the respective access numbers, are billed in 60 second increments (other than for calls lasting longer than 180 & 600 seconds, where the relevant minute will be billed at 120 seconds) and are applicable 24/7.
2.5 Charges may vary for accessing the service depending on where you are calling from and from some public and mobile phones; we recommend that you check the relevant access charges with your service provider before initiating such calls.
2.6 Different charging rates may apply for calls made to some premium numbers, non-geographical numbers and mobile number
3. Availability of services
3.1 The App and the services delivered through it are provided “as is” and “as available”. We will use reasonable skill and care in providing the services but cannot guarantee that they will be free from fault. Neither us nor the provider or manufacturer of your device will be responsible for aspects of the App or the services that are dependent on third parties such as network operators.
3.2 The use of the App and the services requires you to connect to a local rate access number. The charges for the access number are charged at your service provider’s applicable rate or part of inclusive bundled minutes; these charges (if any) are not included in any purchase or top up of the App or services and are your sole responsibility.
3.3 We reserve the right at any time to modify or discontinue, temporarily or permanently, your access to or use of the App with or without notice Maintenance on the App or the underlying infrastructure that enables you to use the services offered through the App may be performed from time to time and this may require Services to be temporarily suspended or limited..
3.4 The express provisions of these Terms are in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law. Your statutory rights are not affected.
4. International Mobile Top Up (IMTU)
(Also known as “Send Top Up Abroad”)
- You agree that you will not access, use or attempt to use the IMTU service:
- unless you are at least 18 years old (or you have the consent of your parent/legal guardian), and you have legal capacity to form a binding legal contract in any relevant jurisdiction; or
- in any way which violates our term and conditions or usage policies.
- You acknowledge that the IMTU service will not be available on all mobile phone operator networks and that the network operators that do allow the IMTU service are subject to change and availability.
- You acknowledge that the IMTU service may not be available, in whole or in part, in certain regions, countries or jurisdictions.
- You must input the mobile phone number to which any IMTU is to be credited into the appropriate place on the App. You may be asked to enter the payee’s phone number twice. This is needed to ensure that IMTU is not sent to the wrong person because of a mistyped number.
- You will then be asked to select the amount of IMTU that you wish to credit that mobile phone number with.
- It is your responsibility to ensure that you have correctly inputted the mobile phone number. If you enter the wrong number the transfer will go ahead and there is no way to reclaim or redirect the IMTU once the instruction has been processed.
- We are not liable for execution of any IMTU based on incorrect information. If we have executed an IMTU in accordance with instructions you provided to us, and that information proves to be incorrect, we are not liable for the incorrect execution of the IMTU.
- The cost of IMTU will vary depending on the amount of IMTU that you wish to send and according to the denominations displayed in the App.
- The total amount (the transaction amount and any service fees) that you must pay will be displayed clearly in the App before you are asked to confirm your IMTU transaction.
- A number of countries around the world have chosen to apply taxes to incoming IMTUs. When sending to a Payee in these countries, the corresponding deduction will be made from the IMTU transaction amount, meaning the Payee will get a lower amount of IMTU.
- The IMTU is typically sent within a few seconds by us to the mobile phone number you provide upon successful payment by you. Occasionally, there may be a short delay before the relevant mobile operator applies the IMTU to the mobile phone number.
- Our obligation in relation to IMTU is simply to send IMTU in accordance with your instruction. The relevant mobile operator will be solely liable to you and the Payee of the IMTU for the provision of mobile services related to the IMTU. Once the IMTU is sent to a mobile phone number, it cannot be refunded or removed from the phone. To stop this mistake from happening, we ask you to ensure that the number you have entered is correct.
- You will not be able to cancel the IMTU once we receive your instruction.
- We may be obliged (for example, due to local laws or mobile operator restrictions) to limit the number of IMTUs that can be performed or the maximum value of IMTUs (the latter typically due to mobile operator restrictions) over a given period of time e.g. daily, weekly, monthly.
- We may refuse any Top-Up Request or Transfer at any time for any reason (or cancel it where relevant), including (but not limited to) the following situations:
- where we believe the IMTU services are being used or attempted to be used, whether by the you or the recipient, for or in connection with illegal, fraudulent or unethical activities or in breach of these Terms, or in breach of any applicable laws, rules or regulations;
- where an IMTU involves any individual or entity on restricted or prohibited lists issued from time to time by any relevant government authorities;
- where we are required to do so by any relevant law, or where we have reason to believe processing an IMTU would violate any law; and
- where we are unable to verify your identity.
- We do not guarantee that the IMTU service will always be available or be uninterrupted. We reserve the right to suspend or withdraw the IMTU service:
- to deal with technical problems or make minor technical changes;
- for business and operational reasons; and
- to update the Services to reflect changes in relevant laws and regulatory requirements.
5. Intellectual property
5.1 QS owns, or is the licensee to, all right, title and interest in and to the App, including any patents, inventions, copyright, utility models, designs (both registered or unregistered and including rights relating to semi-conductor topographies), database rights, trade marks (both registered and unregistered) together with all rights to the grant of and applications for the same and including all similar or analogous rights and all other rights in the nature of intellectual and industrial property throughout the world and all future rights of such nature.
5.2 To the extent permitted by law, you will not copy, modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from the App or otherwise commercialise the App. You will not remove, obscure or alter any copyright notice, trade mark or other proprietary rights notice affixed to, contained within or accessed in conjunction with or by the App.
6. Limitation of liability and claims
6.1 You agree that you use the App entirely at your own risk and that QS is not liable for providing (or maintaining) the device on which you have installed the App. You also acknowledge that your operating system provider shall have no obligation to furnish maintenance and support services in respect of the App.
6.2 QS, the provider of your device and your operating system provider shall not be liable for any damages or losses whatsoever, including but without limitation to, damages for loss of use, data or profits, or for indirect or consequential losses arising out of the use or performance of the App, the provision of or failure to provide services, or for any information obtained through the App, or otherwise arising out of the use of the App, whether based on contract, tort, or otherwise, without limitation, even if QS, the provider of your device or your operating system provider has been advised of the possibility of damage.
6.3 When the credit you have purchased has been added to your account, you agree that the Services have started and you will not have a right to cancel your order under the Distance Selling Regulations
6.4 If you are dissatisfied with any portion of the App, or with any of these Terms, your sole remedy, except as specifically provided in these Terms, is to stop using the App.
6.5 Notwithstanding anything in these Terms, QS does not disclaim liability for death or injury caused by its own negligence or for any liability which cannot be excluded by law.
6.6 You must immediately direct any claims (including, for example, any third party claims, claims relating to intellectual property rights, product liability claims, claims that the App fails to confirm with any applicable legal or regulatory requirements or claims arising under applicable consumer law) regarding the App, or your possession or use of it, to QS only (and not to your operating system provider) using the contact details given at the end of these Terms.
7. Suspension of use and termination of these terms
7.1 Following initial activation, in order to keep your User Account active you must top it up at least once a year. For the avoidance of doubt, any credit on your account which remains unused after 180 days from the date of such credit shall expire and will not be refundable. Any bonus or promotional credit entered on an account shall be non-refundable in any event. No credit will be refunded where the amount of the credit is less than our administrative expenses in dealing with the request for credit.
7.2 You may terminate your relationship with us at any time by ceasing to use the App. We will not issue a refund for any unused credit because you have decided to no longer use the App.
7.3 We may terminate our relationship with you, or restrict, suspend, deactivate or cancel your use of all or part of the App and/or any of the services delivered through the App:7.3.1 If you are in breach of these Terms;
76.3.2 If we reasonably suspects that you are using the App or the services delivered through the App to break the law or infringe third party rights;
77.3.3 If we reasonably suspect that any Service or aspect of the Services is being used by you or on your behalf for commercial purposes or otherwise contrary to these Conditions of Use;
7.3.4 If we reasonably suspect that any Service or aspect of the Services is being resold by you or on your behalf (whether or not for commercial gain) or in other way being exploited for commercial gain without our express written permission;
7.3.5 If we reasonably believe that there has been fraudulent activity (for example, where our systems detect that the Services are used to make an unusual amount of phone calls originate from the same telephone number or set of telephone numbers that would be inconsistent with normal consumer use);
7.3.6 on 14 days notice if we decides to cease any of the services delivered through the App;
7.3.7 immediately if required to do so by a change in laws and/or regulation by a regulator or authority.
In the event that we exercise any rights pursuant to this Clause 7.3, you shall not be entitled to any refunds.
7.4 If you breach these Terms, we have the right to restrict, suspend, deactivate or cancel your use of the App and/or any of the services delivered through the App and you agree to compensate us for all claims, damages, losses, costs (including legal costs) and liabilities which it may suffer as a result of your breach.
7.5 Upon termination of your relationship with us:
7.5.1 all rights granted by these Terms to use the App and the services delivered through the App shall immediately terminate;
7.5.2 you will immediately cease using the App and the services delivered through the App; and
7.5.3 you will immediately uninstall the App from your mobile product in your possession or under your control.
8.1 A failure or delay by us in enforcing compliance with these Terms shall not be a waiver of that or any other provision of these Terms.
8.2 We may assign, novate, transfer or otherwise deal with these Terms, in whole or in part, at any time without notice to you. You may not assign these Terms or any part of them or any rights to use the App, in whole or in part, either temporarily or permanently, to any other party.
8.3 We shall not be responsible for any of its breaches of these Terms where the breach was caused by matters beyond our reasonable control.
8.4 None of these Terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party.
8.5 If any provisions of these Terms shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
8.6 These Terms and any other terms or documents referred to in these Terms constitute the entire agreement and understanding between you and QS with respect to the subject matter of these Terms, and supersedes and extinguishes any prior drafts, agreements, undertakings, understandings, promises or conditions, whether oral or written, express or implied between the parties relating to such subject matter. You may also be asked to accept the terms and conditions relating to our third party service providers (for instance, payment providers) from time to time.
8.7 We does not keep any data which enables us to identity any individual using the App. Any and all notices to be given pursuant to or in connection with these Terms shall be deemed sufficiently given when published at www.qualitytalk.fr (if the notice is from us to you) or, if the notice is from you to us, sent to email@example.com
8.8 In the case of any Customer who is an individual about whom QS processes personal data (as defined in the Data Protection Act 1998), the following shall apply:
8.8.1. We may process such personal data for the purposes of administering the relationship with the you and, as part of its use of such data, may transfer that data to our affiliates in jurisdictions outside France which do not provide the same level of protection for personal data as exists in France
8.8.2 We may also, from time to time, use such personal data to provide you, whether by telephone or facsimile or electronic mail or other means of communication, with details of promotions, products and services of QS that may be of interest to you.
8.8.3 We may process customer information within the Service for the prevention or detection of fraud, and to deal with customer enquiries.
8.8.4 Wemay share Customer’s personal information with other companies. For example, we may use specialist companies to conduct market research on our behalf to see how we can improve our Services. However, those companies can only process this information according to the instructions we gives them.
8.8.5 To help improve our service and in the interests of security we may monitor and/or record your Customer Services telephone calls with us.
8.8.7 By entering into this Agreement, the Customer expressly agrees to the use of personal data for the purposes described in this clause 8.
8.9 The laws of the Republic of France govern these Terms. You agree to submit to the non-exclusive jurisdiction of the French courts. The language of these Terms shall be English.
9.1 We may make changes to these Terms from time to time. These changes will be published on our website. The changes will be effective as soon as they are published. You agree that your use of the App after the updated version of these Terms has been published will constitute your acceptance of the updated Terms. If you do not agree to the updated Terms, you may choose to terminate your relationship with us in accordance with condition 6.2 above.
10. Security of data
10.1 If using the Wi-Fi feature of the App you are using a working third party Wi-Fi connection which is out of our control and the audio paths of the technology used by the App are not encrypted. Consequently, we cannot guarantee the security of any information passed using the App and/or any of the services accessed or delivered through the App and we accept no liability for any loss or damage that may result from information or data being intercepted by third parties.
11. Disclosure of information
11.1 We reserve the right at all times to disclose any information provided by you or about your use of the App as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request.
12. Customer Support
12.1 If you are unhappy with any aspect of the App please contact us at firstname.lastname@example.org. We aim to acknowledge your request as soon as possible after contacting us.
13. Contact information
Quality Services SAS
Registered Number: 809100894
9 Av Michelet
Customer Support: e-mail: email@example.com