The Tesco Talk Wi-fi service Terms & Conditions apply to new and existing Tesco Talk Wi-fi customers.
Although you may have read some information about the Tesco Talk Wi-fi service when you downloaded your Tesco Talk Wi-fi software you should read these Terms and Conditions carefully, as
they affect your rights and liabilities under the law and set out the terms under which Tesco makes the Tesco Talk Wi-fi service available to you.
| 1 |
What is Tesco Talk Wi-fi? Tesco Talk Wi-fi is the phone service that lets you make mobile voice calls in wireless enabled locations through a handset which is connected to the Internet via broadband (Tesco Talk Wi-fi service). |
| 2 |
When your Service Agreement begins Your Service Agreement is contained in these Terms & Conditions and in the call rates published from time to time by us (click here for up to date information on call rates). By clicking "I Accept" during the sign-up process or by otherwise installing and/or using the Tesco Talk Wi-fi software, you agree to enter into and be bound by this Service Agreement with Tesco Stores Limited (or our agent), Tesco House, Cheshunt, Waltham Cross, Hertfordshire, EN8 9SL. |
| 3 |
Changes to this Service Agreement We can change this Service Agreement (including our charges) at any time. We will notify you of any significant changes by email to the email address you gave us when you registered for Tesco Talk Wi-fi. If you continue to use the Tesco Talk Wi-fi service after the date on which the change comes into effect, your use of the Tesco Talk Wi-fi service indicates you agree to the changed Service Agreement and will be bound by it. |
| 4 | Ending your Service Agreement |
| 4.1 | You have a 28 day cooling off period from the date you activate your Tesco Internet Phone account. If you would like to cancel your Service Agreement during those 28 days please email or write to us (see Contact us at paragraph 16). After that, you may cancel your Service Agreement at any time by emailing, writing to or calling our customer care team at least three working days before your next billing date. Alternatively you can cancel one day before your next billing date by logging into the 'My Account' section online. If you subscribe to a call plan, your Contract will be for one month. This will be renewed automatically each month unless you contact us to cancel your Service Agreement. Upon receipt of your cancellation, we will confirm that we have received your request and that your Tesco Internet Phone service will be cancelled. You will be charged for all calls made prior to your cancellation. |
| 4.2 | We may end your Service Agreement at any time by emailing you and giving you 30 days notice. We may also end our Service Agreement with you immediately if: (a) you breach an important term of these Terms & Conditions (for example, you do not comply with paragraph 9.3 and we determine, at our sole discretion, that your use of the Tesco Talk Wi-fi service is, or at any time was, inconsistent with normal residential use patterns), (b) you breach any other term of these Terms & Conditions and do not put it right within 7 days of us asking you to, (c) you fail any credit or fraud prevention check or where we reasonably suspect fraud or money laundering by you or someone using your account(s), (d) you give us information about yourself which we reasonably believe to be false or misleading, (e) you are the subject of bankruptcy or insolvency proceedings, or if you do not make a payment under a judgement of a Court or fine, or you make an arrangement with your creditors or a receiver or administrator is appointed over any of your assets, or you go into liquidation, or (f) we are no longer able to provide the Tesco Talk Wi-fi service to you despite making all reasonable efforts to do so. |
| 4.3 | Both of us must continue complying with this Service Agreement until we stop providing the Tesco Talk Wi-fi service to you. The end of this Service Agreement, for whatever reason, shall not affect either of our rights or liabilities. |
| 4.4 | If your Service Agreement is cancelled in accordance with paragraphs 4.1 or 4.2, any credit on your Tesco Talk Wi-fi account that has been paid for separately by you will be returned to you provided you contact our customer care team within 30 days after the date of disconnection and request that it be refunded (but we will not refund credit that has not been paid for, for example from a Tesco Phone Shop eCoupon). |
| 5 | Use of personal information - including fraud prevention |
| 5.1 | To learn how we collect and use your personal information, please click here to see the Privacy Policy. |
| 5.2 | If you change your name, address, mobile number, email address or payment details you must let us know. |
| 5.3 | We may check your details with fraud prevention agencies and if you give us false or inaccurate information and we suspect fraud, we will record this. We may also pass information to financial and other organisations involved in fraud prevention to protect ourselves and our customers from theft and fraud. These records will be shared with other organisations and used by us and them to help make decisions about credit and credit related services for you and members of your household and trace debtors, recover debt, prevent money laundering and fraud, and to manage your accounts. Fraud prevention agency records will also be shared with other organisations to help make decisions on motor, household, credit, life and other insurance proposals and insurance claims, for you and members of your household. |
| 5.4 | If you require details of those fraud prevention agencies from which we obtain and with which we record information about you, then we will supply them to you on request. Please contact our customer care team to request this information. |
| 5.5 | We may monitor and record calls made to or by our customer care team for training purposes and to improve the services we offer you. |
| 6 | The Tesco Talk Wi-fi service |
| 6.1 | We will use our reasonable endeavours to make the Tesco Talk Wi-fi service available to you. We provide the Tesco Talk Wi-fi service to you using your existing handset and third party provided wireless broadband Internet connections. |
| 6.2 | The only service that we provide to you as the Tesco Talk Wi-fi service is to supply you with the Tesco Talk Wi-fi software to give you the ability to use your handset with wireless broadband Internet connections to make voice calls over the Internet. We do not provide you with a telephone numbers, a telephone line, or any other telephone, communications or computer equipment needed to use the Tesco Talk Wi-fi service. The Tesco Talk Wi-fi software is only compatible with certain handsets and it is your responsibility to ensure that the software you download is compatible with your handset. We will not be liable if you do not have a compatible handset or if you download software which is not compatible with your handset. When you use the Tesco Talk Wi-fi service or download the Tesco Talk Wi-fi software you are using part of your broadband upload/download allocation (if applicable) and you should contact your mobile network provider for more information on this. |
| 6.3 | When we provide you with the Tesco Talk Wi-fi service, we will use the reasonable skill and care of a competent service provider, but we cannot guarantee that the Tesco Talk Wi-fi service will always be available or fault-free and cannot guarantee that it will be secure or free from viruses and other similar threats. We recommend that you protect your handset by the use of adequate internet security and virus checker. The Tesco Talk Wi-fi service is dependent on other persons operating the Internet infrastructure (hardware and software) over which we provide the Tesco Talk Wi-fi service, so it can be affected by things outside of our control. If your wireless broadband Internet connection fails for any reason, you will not be able to use Tesco Talk Wi-fi service, but this will not prevent you from making calls via your mobile network provider as usual. If this is the case, an audible free call message will not be heard. |
| 6.4 | Certain types of calls and services are not provided by us as part of the Tesco Talk Wi-fi service. These include: (a) emergency numbers within or outside of the UK, operator assistance, 1471, 1571, numbers used for flat-rate internet access (those starting with 0844 04 or 0808 99); (b) fixed line services including Call Waiting, Call Display (except as available on the Voicedot network), Call Sign, 3-way Calling, Reminder Call and Ring Back. Please note that this list of calls and services is subject to change; (c) access to a directory enquiry facility, provision of a directory on request, special measures for end-users with disabilities as specified in General Condition 15 of Ofcom’s General Conditions of Entitlement; and (d) non-itemisation of calls which are free of charge. Click here for a full list of telephone numbers that cannot be called using Tesco Talk Wi-fi. Any costs that you incur by connecting to or using a wireless broadband Internet connection, shall be your responsibility and are not included as part of the Tesco Talk Wi-fi service. |
| 7 | Suspending your use of Tesco Talk Wi-fi service |
| 7.1 | We may suspend your use of the Tesco Talk Wi-fi service immediately: (a) if we need to carry out repairs, maintenance or the introduction of new aspects to the Tesco Talk Wi-fi service (and we will try to restore the Tesco Talk Wi-fi service as soon as we can), (b) if we are told to by the Government, the emergency services or any other competent or lawful authority, (c) to protect you under paragraph 7.2, or (d) if any of the circumstances in paragraphs 4.2 or 9.8 occurs. |
| 7.2 | Sometimes, it may appear to us that there is an unusual use of the Tesco Talk Wi-fi service (for example, the volume or destination of calls increases significantly). If this does happen we may suspend the Tesco Talk Wi-fi service to protect you, for example to prevent you from using up your pre-paid credit. We will only ever suspend Tesco Talk Wi-fi service like this in exceptional circumstances and will try to contact you beforehand (but this may not be possible). |
| 8 | Your use of Tesco Talk Wi-fi service |
| 8.1 | You must use Tesco Talk Wi-fi service in accordance with these Terms & Conditions and any other reasonable instructions we give you. Whilst we provide the Tesco Talk Wi-fi service to you, you authorise us to act on your behalf in all dealings with any provider (as applicable) with whom we consider it necessary or useful to deal with in connection with Tesco Talk Wi-fi service. |
| 8.2 | You must keep confidential all passwords you have nominated in connection with your Tesco Talk Wi-fi account. We cannot disclose information about your account to anyone until we are satisfied as to their identity, and they have correctly quoted the password to us. |
| 8.3 | You may not, nor allow anyone else to, install the Tesco Talk Wi-fi software or use the Tesco Talk Wi-fi service: (a) for any unlawful purpose or not in accordance with fair use, (b) to make a call which is, or is intended to be, malicious, fraudulent or hoax (including to the emergency services), (c) to breach the rights of any third party (for example, copyright), or (d) in any way which may damage or affect the operation or quality of Tesco Talk Wi-fi service, the Internet or any other telecommunications system (in particular computer viruses, worms and spam should not be distributed across the Tesco Talk Wi-fi service from or through any software or hardware you have connected to the Tesco Talk Wi-fi service). If you do not comply with any provision of this paragraph, you will compensate us for all liabilities, claims, damages, losses and costs (including legal costs) that we may suffer as a result. |
| 8.4 | The Tesco Talk Wi-fi service is a retail service that is made available to you only for personal, residential use and not for commercial or business purposes. All commercial or business use is considered by us to be not in accordance with fair use. You may not, nor allow anyone else to, install the Tesco Talk Wi-fi software or use the Tesco Talk Wi-fi service for auto delivery, continuing or extensive call forwarding, telemarketing, solicitation, polling, fax or voicemail broadcasting. If you do use the Tesco Talk Wi-fi service for business or commercial purposes in breach of these Terms & Conditions, 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 Tesco Talk Wi-fi service is faulty or cannot be used by them. |
| 8.5 | We (or our licensors) are the owners of all intellectual property rights in the Tesco Talk Wi-fi software. |
| 8.6 | We grant you a non-exclusive and non-transferable licence only to use the Tesco Talk Wi-fi software in accordance with these Terms & Conditions. |
| 8.7 | You must ensure that your access to the Tesco Talk Wi-fi service is not illegal or prohibited by laws which apply to you. |
| 9 | Charges |
| 9.1 | The charges for the Tesco Talk Wi-fi service, including details for call plans, are shown on the call rates page. Click here to see this. To use the Tesco Talk Wi-fi service we require you to register and then sign up to a call plan or top-up your account with credits if you wish to make chargeable calls. |
| 9.2 | You can pay by any American Express, Mastercard or Visa credit card or by Switch, Maestro (domestic only), Solo, Delta or Electron. Your credit/debit cards will be encrypted to minimise the possibility of unauthorised access or disclosure. All payments will be taken in Pounds Sterling. |
| 9.3 | You can also pay by direct debit, which can be set up when you apply for Tesco Talk Wi-fi. The direct debit guarantee is offered by all banks and building societies that take part in the Direct Debit Scheme. The efficiency and security of the Scheme is monitored and protected by your own bank or building society. If the amounts to be paid or the payment dates change, we will notify you 10 days in advance of your account being debited or as otherwise agreed. If an error is made by us or by your bank or building society, you are guaranteed a full and immediate refund from your branch of the amount paid. You can cancel a direct debit at any time by writing to your bank or building society. Please also send a copy of the letter to us. |
| 9.4 | You do not have to have a credit/debit card to use Tesco Talk Wi-fi, however you do need a credit/debit card to sign up to a call plan or top up your Tesco Talk Wi-fi account online. If you are paying for the Tesco Talk Wi-fi service on a credit/debit card please make sure that you always have in place a registered and up to date payment card. |
| 9.5 | If you are paying for the Tesco Talk Wi-fi service on a credit/debit card you must be at least 18 years of age. |
| 9.6 | Calls to other Tesco Talk Wi-fi and Tesco Internet Phone numbers are free provided that Tesco Talk Wi-fi customers are within a wi-fi area and Tesco Internet Phone customers are receiving the call via the Tesco Internet Phone service. Other calls are chargeable. Prices may be subject to change so please click here to see the call rates page for up to date pricing. Prices include VAT. |
| 9.7 | Your call history log will show what calls have been made through your account and the applicable charges (which are shown including VAT). We do not supply an additional VAT invoice. If you require a summary VAT invoice you can download this as a pdf from our website. |
| 9.8 | If you do not maintain your direct debit payments, you must pay by another method. If a direct debit payment fails and we have your credit/debit card details we may take payment from your card. We will send you an email informing you that we have taken payment in this manner. If direct debit payments continue to fail on a regular basis, we may stop your use of the Tesco Talk Wi-fi service. |
| 9.9 | If you want to downgrade or upgrade your call plan, see paragraph 4.1. |
| 10 |
Access to emergency services In the event that you wish to make a call to the emergency services whilst you are in a wireless broadband Internet access location, the call will automatically be routed via your existing mobile network provider. |
| 11 |
Clubcard information Don't forget, if you have a Clubcard, you can earn Clubcard points for making calls. This is calculated as 1 point for every £1 of chargeable calls made and on your monthly subscription. You only start to earn points after you have registered your Clubcard on the Tesco Talk Wi-fi website. Points are awarded after your credit is used or payment for calls taken. It may take up to seven weeks from when you make the call for your Clubcard points to reach your Clubcard account, when you will see the points on your Clubcard statement. |
| 12 | Our responsibilities to you |
| 12.1 | We do not exclude or restrict our liability for: (a) death or personal injury caused by our negligence (or our agent's negligence), (b) fraud, (c) any liability under Part I of the Consumer Protection Act 1987, or (d) any of our liabilities that cannot by law be restricted. |
| 12.2 | We are responsible for direct losses you suffer as a result of us breaking this Service Agreement with you if the losses are a foreseeable consequence to both of us at the time you enter into this Service Agreement. Our liability shall not in any event include losses which happen as a side effect of the main loss or damage or which are not foreseeable by you and us (such as business losses such as loss of profits, wasted expense or loss of opportunity). If you suffer any loss you must let us know as soon as possible by contacting our customer care team. |
| 12.3 | Subject to paragraph 12.2, we will also not be responsible for any faults, damage or maintenance to your PC, modem/router, handset or telephone line. You must contact the relevant Internet service provider to deal with problems with your wireless broadband Internet connection or your mobile network provider for problems with your mobile phone line. If you do experience a problem with the Tesco Talk Wi-fi service you should first telephone our customer care team. If the problem relates to another provider we may suggest that you contact your provider directly to resolve the problem. |
| 13 | The Internet and other events beyond our control |
| 13.1 | Internet service providers provide your Internet access and other providers provide the public telephone network. Further, wireless broadband Internet access is not available in all locations. Because of this, there will be times when the Tesco Talk Wi-fi service is unavailable. Unfortunately, this is beyond our control and there is nothing we can do to prevent this. |
| 13.2 | We shall not be responsible for any delay or failure to provide the Tesco Talk Wi-fi service for reasons beyond our reasonable control, for example fire, explosion, lightning, storm, tempest, flood, earthquakes, riot and civil commotion, failure by a utility company, local authority or other such body, any failure or shortage of fuel or transport, war, civil war, armed conflict or terrorism, or nuclear, chemical or biological contamination, or any blockade or embargo, or any official or unofficial strike or other dispute. |
| 14 | General provisions |
| 14.1 | You may not transfer any of your rights or responsibilities under these Terms & Conditions to anyone else without obtaining our consent. We can transfer all or any part of our service with you at any time provided the service you receive is not significantly reduced. |
| 14.2 | If at any time we do not require you to comply with these Terms & Conditions, this does not prevent us from asking you to at a later time. |
| 14.3 | If any part of these Terms & Conditions is found to be invalid by any Court or other regulatory or competent body, the invalidity will not affect the rest of the Terms & Conditions, which shall remain in force. |
| 14.4 | Any notices or communications that you send to us must be sent to our customer care team. Any notices or communications that we send to you will be sent to the email address you registered with us. |
| 14.5 | A person who is not a party to your Service Agreement with us has no right under the Contract (Rights of Third Parties) Act 1999 to enforce any part of this Service Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act. |
| 14.6 | English law applies to your Service Agreement with us, and any disputes about this Service Agreement will be decided exclusively within the English courts. |
| 15 |
Complaints We want to give you a great service. However, if you are unhappy with any aspect of our service then please contact our customer care team. |
| 16 |
Contact us If you have any queries please Contact us. |
Last Updated: 24/06/2008
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General Terms & Conditions
