| Avanti |
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means the service operated by EasyAir
Ltd trading as OpenAir, registered office The Chemistry
Lab, 57 Kingsway Place, Sans Walk, London EC1R 0LY,
Co. Reg No. 4313723, VAT no. 7954920 80
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| Call Charge |
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means what you have to pay for using the
Network to make telephone calls according to the Tariff
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| International Calls |
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means calls to or from foreign networks.
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| Mobile Phone |
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means any mobile phone or other equipment
used by you and connected to the Network.
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| Network |
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means the public telecommunication system
run by the Network Operator which we can use and to
which we will connect your mobile phone.
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| Network Operator |
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means the organisation running the Network,
which has been licensed to do so by the Secretary of
State.
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| Number |
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means your mobile phone number.
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| PIN number |
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means the security digits used by you
to activate the Software
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| Premium Rate |
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means those calls which are not charged
at standard rates, for example calls to 09 numbers and
calls to other mobile networks (where not charged by
the Network Operator at UK standard rates).
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| Service |
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means the telecommunication infrastructure,
software and web administration that is supplied by
Avanti. That allows you to make calls over your mobile
telephone.
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| Software |
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means the intelligent routing programme
provided by Avanti for installation into customer owned
mobile phones/equipment.
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| Tariff |
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means the schedule of charges for the
Network published by us from time to time as appears
on our website www.avantimobile.com/tariff
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| We us and our |
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means Avanti, a division of EasyAir Limited
trading as OpenAir whose registered office is at The
Chemistry Labs, 57, Kingsway Place, Sans Walk, LONDON,
EC1R 0LY
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| You |
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means you, the customer. Your details
will be as provided to us when you requested your mobile
telephone and Airtime Agreement.
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2. Registration
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| 2.1. |
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By using Avanti and or the Avanti
website you confirm your agreement to our Terms and
Conditions. These Terms and Conditions may be subject
to change at any time and can be found on www.avantimobile.com/conditions.
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| 2.2. |
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Avanti reserves the right to refuse
any order placed by you.
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| 2.3. |
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If your order is accepted, we will
send you an email invoice confirming your purchase.
The software activation code and/or Pin Number (s) and
access details will be sent to you via E-mail. You agree
to keep all details confidential. We shall not be liable
for losses incurred by you as a result of you disclosing
such confidential information to third parties. You
must keep confidential all passwords you have nominated
to be connected to our website. You agree that we may
disclose any information in connection with your accounts
to anyone who correctly quotes your 'Login' and 'Password'
where applicable.
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| 2.4. |
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You agree to provide us with a valid
and functioning email address.
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| 2.5. |
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You undertake that all the details
you provide to us for the purpose of purchasing goods
are correct, that the Credit or Debit card you are using
is your own and there are sufficient funds to cover
the cost of the purchase.
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| 2.6. |
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If there are any changes to the personal
information supplied by you, it is your responsibility
to inform Avanti as soon as possible. Each and every
time you make a purchase from our website, you confirm
that the personal information which we hold about you
is true and accurate. In the alternative amended details
of your e-mail address or other address or contact details
should be submitted before purchase.
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3. Other Parties
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| 3.1 |
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Services are made available to you
on condition that:
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| 3.1.1 |
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You do not re-supply or resell or
otherwise make Services available to any person on an
arms-length commercial basis, and that you do not use
the Services in any way or for any purpose prohibited
by law.
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| 3.1.2 |
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You agree to indemnify Avanti against
any claims, losses, damages, costs, liabilities and
expenses (including, without limitation, legal costs
and expenses) resulting from illegal actions in relation
to the Services provided to you whether engaged in by
you or any other person using the Services with your
permission. If you believe that someone else has used
the Service without your or our permission you should
notify us at the first reasonable opportunity. If you
do not you may be liable for any losses, which you suffer
as a result.
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| 3.1.3 |
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If a problem arises, you must contact
our customer services immediately. The e-mail address
is available on the Avanti website.
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4. Financial Transactions
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| 4.1 |
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Credit card and paybox transactions
will be protected using appropriate security technology.
This ensures that all card details are encrypted before
being transmitted over the Internet. Confidential information
will be stored on secure webservers. We use the highest
quality and secure payment operators available.
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| 4.2 |
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We shall attempt to ensure that the
information available on our website at any one time
is accurate. As an example, the calling rates for accessing
various destinations and services are varied by the
relevant Airtime provide at their discretion and at
anytime. Therefore, we cannot guarantee the accuracy
of the information we provide, however, we shall monitor
information on an ongoing basis and update it on the
website accordingly.
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| 4.3 |
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We cannot be held responsible for
products that we sell on our website as agents for third
parties or for any aspect of the relationship between
you and that third party.
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| 4.4 |
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We do not accept liability for any
errors and omissions and reserve the right to change
information, specifications and descriptions of listed
products.
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5. Contact
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You can contact Avanti by email at:ask@avantimobile.com
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6. Our liability to
You
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| 6.1 |
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We will be liable to you for the
following;
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| 6.1.1 |
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Death or personal injury as a result
of our negligence;
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| 6.1.2 |
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if we break any of our obligations
to you under the Terms and Conditions, we will only
be liable for direct losses up to a maximum of £2,000.
In addition, if you use the Service for business purposes,
we will not be liable for indirect or consequential
loss or damage including but not limited to any loss
of profit, loss of use or business whatsoever or howsoever
arising and all and any terms not included herewith
(including those implied by any statute) are excluded.
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| 6.2 |
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Except in circumstance of death or
personal injury as a result of proven negligence, we
will not be liable to you at all for any loss or damages
which you may suffer as a result of circumstances beyond
our control (including but not limited to, war, flood,
exceptional weather, act of government or local authority,
act or omission of the Airtime provider).
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7. Provision of the Service
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| 7.1 |
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Avanti or its agent will decrement
your credit balance for all Services supplied by Avanti
to the service numbers nominated by you. The minimum
charges for calls may vary depending upon the type of
call or service. The minimum for each type of call or
service will be published on the Avanti website. Call
charges are rounded up to the nearest penny
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| 7.2 |
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No printed Bills for call charges
will be provided.
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| 7.3 |
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Use of the service will be recorded
by Avanti and recent activity will be available on the
Avanti website for you to view.
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| 7.4 |
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Avanti or its agent may vary the
frequency, availability and number of transactions stored
on the system at any time.
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| 7.5 |
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In order to continue to use the service
you must maintain a positive account balance. Avanti
will terminate any call in progress if the remaining
credit balance is used up.
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| 7.6 |
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You accept that any supply of Services
to any person making telephone calls from the numbers
nominated by you is deemed to be authorised by you and
that you must pay any charges arising out of that use
unless you let us know at the first reasonable opportunity
if you discover that someone is using the Services without
your permission.
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| 7.7 |
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Avanti is a pre-pay service. Unless
stated in any special offer or other promotion Avanti
will not refund any monies once paid.
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| 7.8 |
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Avanti may suspend and/or disconnect
your Services at its discretion.
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| 7.9 |
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You also agree that our automated
billing reminder/information announcements and /or other
information will be heard by anyone accessing the services.
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| 7.10 |
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When you use the Avanti service you
will be charged by your mobile phone service provider
for connecting to the Avanti access number. If the number
you call from the Avanti service does not connect, your
service provider will charge you for the duration of
the call.
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8. Termination
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| 8.1 |
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If Avanti no longer provides Services,
Avanti may obtain an alternative provider to provide
the Services to you. You agree to the assignment of
Avanti's rights under these terms and conditions to
that alternative provider provided the level of service
you currently experience is not significantly reduced
as a result.
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| 8.2 |
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Any notice under this contract, whether
required to be written or otherwise, may be given by
us to you by post, personal service, email or SMS messaging
to any email address, or phone number, you have given
us to correspond with you. If we wish to terminate this
Contract we must give you 30 calendar days notice.
Avanti reserves the right to terminate the service if
no calls have been made on the service for a period
greater than 3 months. No refund will be provided. |
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9. Data Protection
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| 9.1 |
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The personal data provided via this
website or other media ("Personal Data") may be used
by OpenAir, The Chemistry Labs, 57, Kingsway Place,
Sans Walk, London EC1R 0LY United Kingdom, and other
OpenAir group companies worldwide (together, "OpenAir")
to advise of, offer and supply goods and services, for
other marketing purposes, and for additional purposes
described in, or necessary for performing or enforcing,
the terms of sale and/or use relating to your transaction
(if any).
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| 9.2 |
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This Personal Data will assist OpenAir
in its efforts to further improve products and services.
Without such data, OpenAir may be unable to provide
certain services. OpenAir may share Personal Data only
with selected third parties, including providers of
customer relationship management services outside the
OpenAir group of companies, to provide, promote or co-promote
OpenAir or OpenAir related products or services.
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| 9.3 |
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On your request to OpenAir, your
Personal Data stored with OpenAir will be provided,
corrected, amended or (unless required by us to perform
or enforce this Airtime Agreement or the agreement relating
to the purchase of your Mobile Phone) deleted (as required
by law). OpenAir's treatment of Personal Data will accord
with the above conditions and any applicable laws.
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| 9.4 |
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Any such request should be made in
writing to: OpenAir, Old Park Road, Stowford, Crewe,
CW1 5XP Fax 0870 111 8052 E-mail ask@avantimobile.com.
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| 9.5 |
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Personal Data, including details
of your name, address and payment record may be given
to a credit reference agency or organisations involved
in crime/fraud prevention.
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10. General
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| 10.1 |
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Notice and change of details:
You must tell us in writing immediately if there is
any change in any of your details, or change in your
bank or credit card arrangements which may be relevant
to us via email to customerservice@avantimobile.com
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| 10.2 |
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Agents: We may use an agent
to collect all charges and carry out the day-to-day
administration and organisation of any services on our
behalf. If we do so decide, you are authorised to pay
the Charges to that agent.
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| 10.3 |
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Headings: The headings in
the terms and conditions are to assist reference only
and do not affect the interpretation or effectiveness
of it.
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| 10.4 |
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Concessions: Any concession
allowed by us to you at any time will not affect our
rights under the terms and conditions or release you
from subsequent liability under its terms.
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| 10.5 |
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Force Majeure: Our obligations
under the terms and Conditions will be suspended as
a result of any act of God, extreme weather conditions,
fire, explosion, riot, terrorist act, military action,
strike, lock-out or other labour dispute, if the same
interferes with the delivery of the Services. Our obligations
to you will be suspended until such time as the interfering
event abates and we are in a position to reasonably
operate the Services as supplied prior to such event.
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| 10.6 |
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Warranty: We shall provide
the Services using our reasonable skill and expertise
all warranties; conditions, terms, undertakings and
obligations implied by statute, common law, custom,
trade, usage or otherwise, are hereby excluded to the
fullest extent permitted by law subject to clause 7.
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| 10.7 |
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Law and Dispute Resolution: If
there is any dispute over the terms of the Airtime Agreement
or the Network, you can, if you wish, refer any dispute
in accordance with the arbitration procedures of the
Network Operator in question. The arbitrator selected
will be governed by the rules of that arbitration procedure.
If you do not elect an arbitration procedure, the dispute
will be settled in the relevant court of the United
Kingdom and governed by the laws of England and Wales.
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