TERMS AND CONDITIONS
iCard Online Shop is the official online supplier of iCard branded phone cards. The following document serves as an agreement between you (Shopper) and iCard Online Shop. Please read it carefully before placing an order and submitting your personal details.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS
The Service is provided to Shoppers under the terms and conditions of this document and any operating rules or policies that may be published by iCard Online Shop. This document supersedes all prior agreements between the parties regarding the subject matter contained herein.
By completing the order and/or payment forms and clicking the "Submit" or "Confirm" buttons, you are indicating your agreement to be bound by all of the terms and conditions of this document.
2. DESCRIPTION OF SERVICE
iCard Online Shop is a reseller of prepaid phone cards. Unless there is a special arrangement, iCard Online Shop will only send your purchased phone cards in the form of PINs by e-mail.
Although iCard Online Shop has no control over the quality of phone cards sold through its Web site, it will use its best endeavour to help Shopper to obtain a refund or partial refund
should the Shopper suffer a loss or damage due to defects in performance or non-performance of the prepaid phone cards.
After a PIN is received by Shopper, liability for loss or theft of the PIN shall be the responsibility of Shopper.
A full refund will be given when an invalid phone card PIN is sent as a result of a system or human error and Shopper does not want to receive a replacement PIN. A partial refund will be given under the circumstance of an accidental overcharge, the partial refund value being equal to the actual credit lost.
Under the circumstance of Shopper claming a PIN not received, a full redund will be given when the resale value of the PIN is achieved unless Shopper can produce verifiable evidence to support the claim.
iCard Online Shop takes reasonable care to ensure information on our Web site is up to date and accurate. iCard Online Shop makes no warranty, guarantee or representation, either expressed or implied, regarding the accuracy, reliability, condition or fitness of the information and services provided and the phone card PINs sold through this site. phone card companies may at any time alter their rates without prior notice and iCard Online Shop has no part in deciding their rates.
iCard Online Shop will use your details to send PINs and contact you with new offers and promotions with your prior consent.
iCard Online Shop may also provide Shoppers with a variety of services via the Internet.
In consideration for the Service, Shopper agrees to:
- provide accurate information about Shopper where required and
- maintain and update this information as required to keep it up to date.
If any information provided by Shopper is inaccurate, iCard Online Shop retains the right to terminate Shopper's right to use the Service.
3. ORDER FULFILMENT AND CANCELLATION
Order acceptance and the completion of the contract between Shopper and iCard Online Shop will take place on the release of the PIN(s) ordered unless we have notified you that we do not accept your order or you have cancelled it.
Non-acceptance of an order may be a result of one of the following:
- The product you ordered being unavailable from stock
- Your order not being paid for
- The identification of a pricing or product description error
- You not meeting the eligibility to the criteria set out in this document
Before a PIN is released, Shopper can cancel an order placed by not making a payment or by cancelling a payment at Shopper's own expense. In the case of cancellation after payment but before a PIN is released, iCard Online Shop will make a refund after deducting bank's processing and clearing fees.
4. SERVICE MODIFICATIONS
iCard Online Shop reserves the right to modify or discontinue any or all of the
Service with or without notice to Shopper.
iCard Online Shop shall not be liable to Shopper or any third party should
iCard Online Shop exercise its right to modify or discontinue the Service.
5. MODIFICATIONS TO TERMS OF SERVICE
iCard Online Shop may change the terms and conditions of Service from time to time. Shopper's continued use of the Service constitutes an affirmative:
- acknowledgment by Shopper of this document and its modifications; and
- agreement by Shopper to abide and be bound by this document and its modifications.
6. DISCLAIMER OF WARRANTIES
Shopper expressly agrees that use of the Service is at Shopper's sole risk. The Service is provided on an "as is" and "as available" basis.
iCard Online Shop makes no warranty that the Service will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error free; nor does iCard Online Shop makes any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information
obtained through the Service or that defects in the software will be corrected.
Subsriber understands and agrees that any material and/or data downloaded or
otherwise obtained through the use of the Service is done at Subsriber's own discretion
and risk and that Subsriber will be solely responsible for any damage to Subsriber's
computer system or loss of data that results from the download of such material and/or data.
7. LIMITATION OF LIABILITY
iCard Online Shop shall not be liable under any circumstances for any indirect,
incidental, special or consequential damages beyond the contemplation of parties, including but not limited to loss
of profits or income, arising directly or indirectly from any action or failure
resulting from using the prepaid phone cards bought from iCard Online Shop and
shall not be held liable for any surcharges which may be made by hostels, hotels,
or any accommodation providers for use of their phone services. Calls from mobile
phones may be subject to a charge from your mobile carrier.
Furthermore, iCard Online Shop shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the Service or for cost
of procurement of substitute goods and services or resulting from any goods
or services purchase or obtained or messages received or transactions entered
into through the Service or resulting from unauthorised access to or alteration
of Shopper's transmissions or data, including but not limited to, damages
for loss of profits, use, data or other intangible, even if iCard Online Shop
has been advised of the possibility of such damages.
The above statement does not affect your statutory rights as a consumer.
8. SHOPPER CONDUCT
Shopper is solely responsible for the contents of his or her transmissions
through the Service.
Shopper's use of the Service is subject to all applicable local, regional,
national and international laws and regulations.
Shopper agrees:
- to comply with UK law regarding the transmission of technical
data exported from the United Kingdom through the Service;
- not to use the Service for illegal purposes;
- not to interfere or disrupt networks connected to the Service; and
- to comply with all regulations, policies and procedures of networks connected to the Service. Shopper agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful,
vulgar, obscene or otherwise objectionable material of any kind or nature.
Shopper also agrees not to transmit any material that encourages conduct
that could constitute a criminal offense, give rise to civil liability or otherwise
violate any applicable local, country, national or international law or regulation.
iCard Online Shop may, at its sole discretion, immediately terminate the Service
should Shopper's conduct fail to conform to these terms and conditions of
this document.
9. INDEMNIFICATION
Within the contemplation of the parties at the time that the contract was entered into Shopper agrees to indemnify and hold iCard Online Shop, its parents, subsidiaries,
affiliates, officers and employees, harmless from any claim or demand, including
legal fees, made by any third party due to or arising out of
Shopper's use of the Service, the violation of this agreement by Shopper,
or the infringement by Shopper, or other user of the Service using Shopper's
computer, of any intellectual property or other right of any person or entity.
10. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Shopper may enter into correspondence with or participate in promotions of
the Advertisers showing their products on the Service.
Any such correspondence or promotions, including the delivery of and the payment
for goods and services, and any other terms, conditions, warranties or representations
associated with such correspondence or promotions, are solely between the corresponding
Shopper and the Advertiser.
iCard Online Shop assumes no liability, obligation or responsibility for any
part of any such correspondence or promotion.
11. PROPRIETARY RIGHTS TO CONTENT
Shopper acknowledges that content, including but not limited to text, software,
music, sound, photographs, video, graphics or other material contained in either
sponsor advertisements or email-distributed, commercially produced information
presented to Shopper by iCard Online Shop
or iCard Online Shop's Advertisers, is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws; therefore, Shopper
is only permitted to use this Content as expressly authorised by iCard Online Shop or the Advertiser.
Shopper may not copy, reproduce, distribute, or create derivative works from
this Content without expressly being authorised to do so by iCard Online Shop or the
Advertiser.
12. TERMINATION
Either Shopper or iCard Online Shop may terminate the Agreement with or without
cause at any time and with immediate effect.
Shopper's Termination shall be done by not using his or her account for more than a period of time deemed necessary to keep the account active. iCard Online Shop shall not be liable to Shopper or any third party for termination of Service.
Should Shopper object to any terms and conditions of this document or any
subsequent modifications thereto or become dissatisfied with the Service in
any way, Shopper's only recourse is to immediately discontinue the use of the Service and notify iCard Online Shop to terminate the subscription.
Upon termination of the Agreement, Shopper's right to use the Service immediately
ceases.
iCard Online Shop retains the right, at its sole discretion, to determine whether
or not Shopper's conduct is consistent with this document and may terminate the Service if a Shopper's conduct is found to be inconsistent.
13. LAWS
This agreement shall be governed by and construed in accordance with English laws, excluding its conflict of law provisions.
Shopper and iCard Online Shop agree to submit to the exclusive jurisdiction
of the courts of United Kingdom if any provision(s) of this agreement is held
by a court of competent jurisdiction to be contrary to law, then such provision(s)
shall be construed, as nearly as possible, to reflect the intentions of the
parties with the other provisions remaining in full force and effect.
iCard Online Shop's failure to exercise or enforce any right or provision of
this agreement shall not constitute a waiver of such right or provision unless
acknowledged and agreed to by iCard Online Shop in writing.
The section titles in this agreement are solely used for the convenience of
the parties and have no legal or contractual significance.
14. NOTICE
All notices to a party shall be in writing.
iCard Online Shop may publish notices or messages through the Service to inform
Shopper of changes to this agreement, the Service, or other matters of importance;
such publication shall constitute notice to Shopper.
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