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By downloading, installing and using our App, you agree to these general terms and conditions that state all the rights and obligations of Jinggling and its customers in connection with the provision of jinggling services.

Definitions

  • Jinggling is a trading style and brand of Jinggling Services Ltd of England and Wales, and registered under number 0912438, with an address of 3rd Floor, 86-90 Paul Street, London EC2A 4NE United Kingdom, herein referred to as ‘Jinggling’
  • Acceptable Use Policy: the policy notified to Customer by jinggling (whether that policy is required by jinggling or any underlying network operator enabling the services) governing the acceptable use of the Services, which policy may be amended from time to time and which is available at www.jinggling.com.
  • Agreement: the agreement by jinggling to provide the Services to the Customer which is entered into when the Customer purchases and registers with jinggling. These general terms and conditions are an integral part of that Agreement.
  • Customer: a natural person who, or a legal entity that enters into an Agreement with jinggling.
  • jinggling Customer Service: the customer services department, which the Customer may contact for all questions regarding the jinggling Service can be reached by calling +44 203 608 0087 or by emailing us admin@jinggling.com
  • Recharging and carrying out a Top-Up: these are the terms around charges and payments made;
    • o If you elect to top-up using our ‘charge by mobile’ facility your network will charge you directly, we will initiate this service using the best and most effective method available to you. A service charge may be levied and will be shown prior to confirmation of the re-charge
    • o If you elect to use PayPal their terms will apply
    • o If you choose to make payments made using our credit/debit card service, these payments will be non-refundable 60 days from the date of the charge. You may extinguish your balance by using our services, however a refund will not be made after this period.
    • o If you dispute the payment made via your payment company (ie a chargeback) we will carry out the following;

              1) Immediately block your access to the service
              2) Discuss the disputed credit and any overcharge that we have incurred through this chargeback
              3) Claim and collect any due charges not covered by any payment method in place
  • Services excluded:Premium rated SMS and Premium rated calls are expressly excluded from the SERVICES. Access may be granted following verification with customer services.
  • jinggling Service(s) or Service(s): the service through which the Customer uses the Network for direct transport of telecommunication traffic from mobile users to and from connection points on the Network or to connection points on other networks.
  • jinggling app: is an app compatible with most smartphones and is used when enabling access to the Services.
  • jinggling Top-up Voucher: a voucher (whether in physical or electronic form) containing an 11 digit code enabling the Customer to redeem the face value of such voucher for use of the Services.
  • Network: the network for wireless telecommunication.
  • Products:‘jingglingsmartphone-app’ and jinggling Top-up Vouchers or any other product offered by jinggling.
  • Roaming Services: these are mobile telephony services enabling the continued access to the Services by a Customer when travelling outside the United Kingdom are which are provided over telecommunications systems of foreign Networks outside of the United Kingdom and over which jinggling has no control.
  • jinggling service access: to access the jinggling service the ‘smartphone-app’ will call a local access number which will be deducted out of your bundled minutes or charged at a rate determined by your mobile operator.

Services and Obligations

  • Jinggling is obliged only to supply the means necessary to provide the proper operations of the jinggling Service. In this regard jinggling will provide the technical means necessary to access to this Service under optimal conditions. The customer may turn off the jinggling Service on his mobile phone at any time, therefore, using the underlying provider to make international calls.
  • Mobile telephony is a form of wireless communication and operates on the basis of transmission of radio and signal frequencies. As such, it can be interfered with by numerous external sources or by obstacles inherent in buildings, vegetation or terrain and as such jinggling cannot guarantee a perfect error free transmission (in terms of actual availability or quality of Service) in all locations at all times.
  • The quality of the jinggling Service also depends on the quality of the mobile telephone handset used by the Customer as well as the underlying Mobile service provider. jinggling has no control or influence over the mobile telephone handset quality or of the quality of service by the underlying Mobile service provider.
  • The Services are provided on an "as is" basis and jinggling provides no warranty in relation to the Services and in particular does not warrant that the Services are of satisfactory quality, fit for a particular purpose, suitable, reliable, accurate, complete, secure or error free.
  • Occasionally the Network and the Services may become unavailable due to requirements for upgrading, modification, maintenance or other necessary works relating to the Network or Services. At these times the Services may be temporarily unavailable and jinggling shall endeavour to keep any period of non-availability to a minimum. jinggling shall have no liability for any such periods of unavailability.
  • jinggling offers roaming services but due to the nature of these services jinggling cannot guarantee the prices, availability or quality of Services using such roaming services.
  • Associated with the jinggling ‘smartphone-app’ is your unique Master Password and User Name. Instructions relating to their use may change to reflect new technology and will be explained in the “Starter Pack”. Customers shall take every necessary precaution to preserve the secrecy of their Password Code and User Name. Customers are liable for any malicious or improper use resulting from intentional, fortuitous or accidental communications of these codes or transferring his/her SIM Card.
  • The Customer acknowledges that whilst every effort is made to secure an uninterrupted error free service, jinggling will not be held liable for any loss or inconvenience caused to the Customer by any actions of a distributor including fraud and deception and/or non-payment. In such cases, the Customer should contact the distributor and/or retailer from whom they purchased the SIM and/or Top-up Voucher and request a refund.
  • Calling rates using the Services are displayed on marketing posters, amended from time to time and/or on the website www.jinggling.com
  • jinggling reserves the right to monitor and record communications using the Services. This may be done to improve the Services, to ensure compliance with jinggling policies, governmental, regulatory or enforcement agency requests, and to detect prevent criminal activity.
  • As a matter of policy jinggling will not intentionally disconnect any calls provided that there is credit available for the calls, however it may be possible that calls could get disconnected due to matters beyond jinggling’s control, e.g. force majeure, carrier fault, technology fault or human error.
  • Customers are hereby informed of the inherent risk in the use of the mobile telephone while driving a motorised vehicle. jinggling cannot be held liable for damage resulting from an accident caused by the use of the mobile telephone while a motorised vehicle is being driven.
  • Customers are hereby informed of possible interference that a mobile telephone may cause in certain sensitive types of equipment such as medical appliances, aircraft etc. It is therefore essential that the instructions given by the persons with responsibility for such equipment be strictly complied with. jinggling cannot be held liable for any damage resulting from a failure to comply with such instructions.

The jinggling smartphone-app and downloads

  • Please follow the instructions set out in the Starter Pack provided or download. The jinggling ‘smartphone-app‘ will install automatically and will be provisioned according to your initial selected options and features.
  • The jinggling ‘smartphone-app‘ remains the exclusive property of jinggling. Customer must keep the jinggling ‘smartphone-app‘ safe and not misuse the jinggling ‘smartphone-app‘ in any way.
  • If the jinggling ‘smartphone-app‘ is not used for three (3) months (the “validity period”), the account may be frozen preventing any further use by the Customer.
  • The Customer will then have one (1) month to top up their jinggling ‘smartphone-app‘ account. If the Customer tops up within 1 month and uses the Service the old credit previously frozen will be reinstated and the Customer will be able to use all features enabled within the App.

Top-up Voucher

  • Customers pay for the use of the Services by topping-up their jinggling ‘smartphone-app‘ account. Customers do this by loading credit onto the account or by purchasing jinggling Top-up Vouchers or using the web site www.jinggling.com or calling +44 203 608 0087 Customers can top-up their jinggling ‘smartphone-app‘ using a jinggling Top-up Voucher at any time after registration including during any validity period.
  • If the top-up takes place before the end of a validity period or within one (1) month following the validity period, the credit unused at the time of the top-up will be added to the credit contained on the jinggling Top-up Voucher.
  • Each time the Customer top ups his/her jinggling ‘smartphone-app‘ during the validity period, the validity period shall be extended for a further three (3) months under the above conditions.
  • Where the Customer has used a jinggling Top-up Voucher to top-up his/her jinggling account, that credit can only be used for use with the Services and Customer shall not be entitled to receive any cash refund for any outstanding credit remaining on the Customer’s account at any time, including where the Customer fails to use the Services during a validity period and the Agreement is terminated.
  • Customer’s pre-payments via jinggling Top-up Vouchers are not repayable by jinggling nor is interest payable on any credit on a Customer account. Each time the Services are used by Customer (or someone else using a Customer’s mobile telephone handset) the top-ups purchased will be reduced according to the tariff charges relating to that particular communication.
  • jinggling reserves the right to offer the jinggling Top-up Voucher as a multifunction credit voucher that can be redeemed for multiple services (if any).
  • Top-up Via 3rd party systems • Customers pay for the use of the Services by topping-up their Jinggling ‘smartphone-app‘ account. Customers can load credit onto the account by using our partner systems, credits from these systems are fully refundable for amounts above £5/€5/$5 and do not expire. • Should a chargeback be initiated then all balances will be removed from the account. • Each partner will have their own terms of use and refund policies these policies are in addition to ours and will over-ride payment issues. • Any admin charges relating to the topup shall be deducted from the amount billed.

Jinggling TopUp partners:

  • Jinggling TopUp partners: In addition to these terms, customers are directed to our partners terms and conditions of use, which can be found below;
  • PayPal: https://www.paypal.com/uk/webapps/mpp/ua/useragreement-full
  • Skrill: https://www.skrill.com/en/footer/terms-conditions/
  • Paysafecard: https://www.paysafecard.com/fileadmin/content/website_statisch/footer/agb/paysafecard/TC_IR_paysafecard_10_2013.pdf
  • Major credit cards: Please refer to your provider
  • All other methods: Please refer to your provider

Modification

  • Where required by operating conditions or the organisation of the Service, jinggling may modify the technical characteristics of its Services. Customers will not be entitled to compensation for any replacement or modification of mobile telephone handsets made necessary by a change in the Network affecting the Services.

Disconnection

  • jinggling may disconnect the Customer fully or partially from the Service, without notice of default being required, if the Customer fails to comply with his/her obligations under the Agreement or fails to observe the requirements that can be set for reasonable use, including any Acceptable Use Policy, or where jinggling is unable to provide the Services due to reasons beyond its control.
  • Disconnections shall take place without the Customer being entitled to any compensation. The disconnection will be lifted when jinggling determines that the Customer has fulfilled his/her obligations. The Customer shall meet the disconnection costs and those for reconnection. Disconnection of the Service does not release the Customer from any of his/her obligations under the Agreement.
  • If, fourteen (14) days after the Customer has been given the opportunity to fulfil his/her obligations by jinggling in writing, jinggling concludes that the Customer has still failed to do so, jinggling is entitled to terminate the Agreement, upon which all claims of the Customer against jinggling will lapse.

Customer Responsibilities

  • Customer shall not use the Services for the following activities:
    • a) any improper, immoral, fraudulent or unlawful purposes or for the sending of any communication or storing of any information which is of an offensive, abusive, indecent, obscene or menacing nature;
    • b) causing, nor knowingly allow others to cause, any nuisance annoyance or inconvenience whether to jinggling or to any of jinggling ’s Customers or other persons, which shall include the use of the Network for the persistent sending of unsolicited communications without reasonable cause;
    • c) for the purpose of causing harm, damage or impairing the operation of the Network over which the Services are provided; and
    • d) the storing or dissemination of information which does not belong to the Customer and which can be held to infringe the rights of a third party including another person’s copyright or other intellectual property rights (unless with the prior consent of such third party).
  • Upon purchasing a jinggling ‘smartphone-app’ the Customer may be required to register with jinggling and this may include the Customer providing his/her personal information including their name, address, date of birth, etc. The Customer acknowledges that providing false information is a fraudulent act and if jinggling determines such personal information to be false, jinggling shall be entitled to terminate this Agreement without any liability to the Customer.
  • It is the Customers responsibility to notify jinggling of any changes to their personal details and for keeping their details retained by jinggling up to date.

Data Protection & Customer Personal Information

  • jinggling and any of its group of companies may use the personal information of the Customer, the communication information and numbers used by the Customer are saved in the files of jinggling and are processed by jinggling or third parties in its name with a view towards:
    • a) the delivery of the Service;
    • b) for administration and customer services purposes; and
    • c) information and marketing purposes;
    • d) all within the framework of the relationship with the Customer and in order to initiate information or advertising campaigns connected with the Products or Services provided by jinggling.
  • By registering with jinggling a Customer consents to jinggling sharing his/her information with other companies in the group and external companies who are jinggling’s trusted and carefully chosen business partners. jinggling and such carefully chosen business partners will be entitled to contact Customers by mail, telephone, e-mail, or SMS to let Customers know about any goods, services or promotions which may be of interest to them. Customers who do not wish to receive such information relating to advertising campaigns connected with the products provided by jinggling, or do not wish to be contacted by jinggling within the framework of direct commercial prospecting, may at any time request from jinggling, free of charge, to be placed on a list designated for this purpose. Such request to be made by Customer to admin@jinggling.com
  • By registering with jinggling, Customer consents to jinggling transferring his/her personal information to countries which do not provide the same level of data protection as the United Kingdom if necessary for providing the Services.
  • jinggling will always use and process Customer personal information in compliance with the Data Protection Act 1998, as amended from time to time.
  • jinggling shall provide to Customers a copy of his/her personal information held by jinggling where a Customer requests access to such information and provided the Customer pays, in advance, a nominal administration fee.

Liability of jinggling

  • Jinggling has no liability whatsoever as concerns the jinggling‘smartphone-app’, jinggling Top-up Voucher or the provision of the Services. For the avoidance of doubt jinggling shall not be liable to the customer for any actions, claims, demands, costs, expenses, damages, losses or liabilities of any kind incurred by the Customer as a result of purchasing and using the jinggling‘smartphone-app’, jinggling Top-up Voucher or the provision of the Services.
  • Jinggling shall not be liable for any damage or losses resulting from the content of calls sent or received by Customer.
  • Jinggling may not be held liable for any damage or loss resulting from intervention by a third party, including any governmental, regulatory or administrative body.
  • Under no circumstances shall jinggling be held liable for indirect or intangible damage or losses of any kind whatsoever including but not limited to , additional costs, loss of income on profits, loss of customers or custom, loss or damage of data and loss of contracts.
  • Jinggling shall have no liability or responsibility in the event of loss, theft, fraudulent or wrongful use of the jinggling‘smartphone-app’ or Top Up Vouchers by jinggling Customers. Moreover, jinggling shall not be liable to reimburse credit used by jinggling Customers or any other person where a Customer is not in control of the jinggling‘smartphone-app’ and has failed to notify jinggling that he/she has lost his/her control over the jinggling‘smartphone-app’, and shall furthermore not be held responsible for any consequences resulting from use of services linked to a jinggling‘smartphone-app’.
  • If the Customer suffers damage due to malfunctioning of the Network or due to shortcomings in the execution of the Service, jinggling may only be liable in the event of direct damage suffered and caused by:
    • a) death or personal injury; or
    • b) gross negligence.
  • Jinggling's liability to a Customer in such circumstance shall be limited to total maximum aggregate amount of one thousand Pounds (£100) per claim or series of related claims.
  • Where a Customer suffers any damage or loss the Customer shall notify jinggling in writing of the damage as soon as possible and in any event within four (4) weeks after the discovery that damage has occurred. Damage that not has been reported to jinggling within this period shall not be compensated. This period shall not apply to a Customer (a natural person not acting in the capacity of a professional or enterprise) if the Customer makes a reasonable case for the fact that he or she could not have been reasonably expected to notify jinggling within this period.
  • Jinggling will not be liable to perform any obligations or provide the Services because of any event of force majeure, i.e. any factor outside its control, including but not limited to Acts of God, industrial action, default or failure of a third party, war, governmental action, or by any act or decision made by a court of competent jurisdiction.

Liability of the Customer

  • Customers shall be liable for damage of any kind caused to jinggling or to third parties by their use or misuse of jinggling‘smartphone-app’ or jinggling Top-Up Voucher by any persons whomsoever or on any mobile telephone handset whatsoever, even in the event of loss or theft and Customers shall compensate jinggling for any actions, claims, demands costs, charges, expenses, losses, liabilities or damages they cause, including minor faults.
  • In the event of loss or theft of the jinggling‘smartphone-app’, it is the responsibility of the Customer to notify jinggling as soon as possible about this loss or theft and to prevent any use by another person of the jinggling‘smartphone-app’. The Customer shall be solely responsible for the jinggling‘smartphone-app’ and may not claim any reimbursement from jinggling for loss or theft of the jinggling‘smartphone-app’. The Customer is responsible for complying in full with all of the terms and conditions of it SIM card provider.

Changes

  • Jinggling reserves the right to change these terms and conditions at any time without prior notice. Furthermore jinggling confirms it has endeavoured to ensure the accuracy of the information contained herein, on the jinggling web site and on any marketing or promotional materials but does not accept any liability for errors, omissions and misunderstandings arising.
  • Rates and billing conditions relating to the Services are subject to change without any prior notice; this may be due to circumstances outside the control of jinggling, such as changes to wholesale prices that it is charged by third party suppliers or charges incurred for using the underlying SIM card by third party Mobile operators. Changes, which jinggling is aware of, will be posted on the jinggling website following such changes. It is the Customers responsibility to regularly check this jinggling website for any changes affecting the Services and their use as well as checking with the Mobile operator it uses for any changes or charges for using the underlying SIM Card. Advertised rates and charges for international destinations/calls assume the fee for the local access portion of the call is paid for/covered by a Customer’s “free” minutes with the underlying provider.
  • By continuing to use the Services after jinggling makes any changes in relation to the clauses above, the Customer agrees to these changes. If a Customer is not happy with any of these changes then Customer does not have to continue to top-up their account for using the jinggling‘smartphone-app’.
  • Jinggling shall be entitled to assign any and all of its rights and obligations under these terms and conditions to any other third party.

Charges and costs

  • Each starter pack will come with an amount of calling credit as determined when ordered
  • No charges are made for call not answered or engaged
  • There are no connection charges
  • All calls answered are charged on a per minute basis
  • For all other charges that may apply please refer to your personal on-line portal area.

Complaints, Disputes and Governing Law

  • Any complaints or disputes between the Customer as a natural person not acting in the capacity of a professional enterprise and jinggling regarding the provision of the Service must first be raised with jinggling's Customer Services using the contact details provided above.
  • Failure by either jinggling or Customer to enforce rights under this Agreement shall not prevent jinggling or Customer (as the case may be) from taking further action.
  • The Agreement is governed by English Law and shall be governed by the exclusive jurisdiction of the English Courts.