SmartCall Terms & Conditions
These terms and conditions set out the agreement between (1) you (‘you’, ‘the customer’ or ‘your’); and (2) Virgin Media Limited (‘Virgin Media’, ‘us’, ‘we’ or ‘our’). When you register and use the SmartCall App you agree you will be governed by these SmartCall App terms and conditions. The ‘Terms and conditions of your residential customer agreement’ [http://store.virginmedia.com/the-legal-stuff.html] will also still apply. These may be updated from time to time, so please check the Legal Stuff section on our website [virginmedia.com/legal/smartcall] regularly and check it through carefully. The SmartCall App will be subject to the Virgin Media legal stuff which applies to those services and their use, as published by us on the Virgin Media website. These may be updated from time to time, so please check the SmartCall Legal Stuff website [http://store.virginmedia.com/the-legal-stuff/terms-and-conditions-for-fibre-optic-services/smartcall.html] regularly and check it through carefully.
The SmartCall App terms and conditions are as follows:
Registering for the SmartCall app
- You can only register for the SmartCall App if you are a Virgin Media cable home phone customer and you are the Virgin Media home phone account holder. Applies to residential cable customers only and is not for commercial use. SmartCall is not available to Virgin Media National customers. The Biz customers are not eligible for SmartCall. Acceptable use policy applies – see here for details: http://store.virginmedia.com/the-legal-stuff/acceptable-use-policy.html
- In accordance with Section H.2 of the ‘Terms and conditions of your residential customer agreement’ Virgin Media reserves the right at any time to improve, modify, amend or alter the terms of the SmartCall services.
- Your mobile device and an active number must be registered on My Virgin Media in order to be eligible for SmartCall. You must also provide details of the mobile device make and model. Only two devices per account can be registered at any one time.You must also authenticate the SmartCall App using your Virgin home phone number. If you are registering a mobile device belonging to someone else you must ensure you get their permission to provide specific information about them before registering their device. The Virgin Media account holder is responsible for all mobile devices registered for the SmartCall App. If someone else uses the SmartCall App other than the account holder, they will be considered to be within the account holder’s control at all times.
- Only compatible mobile devices are currently eligible to be registered for SmartCall. Other mobile device eligibility criteria may apply. You will not be able to register a non-compatible mobile device and you will be notified of this during the registration process.
- Your authentication code will be sent to your registered mobile device via SMS. Your authentication code will expire after 72 hours, so you should use it before then. If your authentication code has expired the account holder will need to log into My VM and go through the registration process again in order to get another authentication code sent.
- In the event that any registered device becomes lost or stolen, the account holder must remove the device by logging into My Virgin Media device management, or by calling Virgin Media Care (via the standard Customer Care number) and request the device to be removed from the SmartCall registered device list. The mobile device owner should then contact their mobile device operator (Virgin Mobile or other mobile operator) and advise them of the status of the mobile device.
- The My Virgin Media device management tool can also be used to stop any of the registered mobile devices from using the SmartCall App. The account holder can remove mobile devices registered for the SmartCall App. The account holder is responsible and liable for any calls made via the SmartCall App.
- In the event that you no longer continue to be a Virgin Media home phone customer, for example you cancel your contract, or you move house to a non-cable area, or for any other reason as set out under the ‘Terms and conditions of your residential customer agreement’, you will no longer be entitled to make calls via the SmartCall App.
- You are responsible for managing virus protection and security on your mobile device. You are also responsible for the actions or omissions of any other user who is registered to use the SmartCall App. Use of the SmartCall App must be in accordance with the applicable terms and conditions as set out under this Agreement and Virgin Media’s Acceptable Use policy. You will be responsible to Virgin Media in the event that failure by you or another user to comply with the provisions of this clause, results in a virus, Trojan horse or similar destructive, disruptive or nuisance programs causing damage to the SmartCall App or to any system or equipment of Virgin Media.
- Virgin Media reserve the right to change and improve the SmartCall App and may change the terms and conditions of the service and will publish such changes on our website. It is your responsibility to be aware of such changes by checking our website. In the event of any changes to terms and conditions you may be obliged to update the SmartCall App to ensure continued use. You may then be required to accept the new terms and conditions to continue using the App.
Making home phone calls via the SmartCall app
- The SmartCall App allows you to make Virgin Phone calls via WiFi on your mobile device. Call categories are aligned with compatible home phone talk plans.
- The SmartCall App can be used for outbound calls only. You cannot receive Virgin Media home phone calls into your mobile device.
- You cannot use the SmartCall App to make chargeable calls that fall outside of your home phone talk plan. If you try and use the SmartCall App to make a call outside of your home phone talk plan the SmartCall App will advise that you cannot make the call. Your call will also be disconnected if your call is longer than 60 minutes or your call will take you outside of the parameters of your home phone talk plan.
- You can only use the SmartCall App whilst you are connected to WiFi. If you lose WiFi connectivity your call will terminate. Call quality will be dependant on the user’s wireless connection, broadband speed and traffic on the network. Virgin Media are not responsible for the provision of Wifi connectivity.
- The SmartCall App will not connect calls to Emergency services (999 and 112); these calls will be automatically routed to be made via your mobile network. Non-SIM devices will not support the connection of Emergency calls (999 and 112).
- The SmartCall App can be used abroad and you can therefore make calls originating from outside of the UK back to UK numbers as per your home phone talk plan. Inclusive calls made from abroad will be according to UK times as if you were making calls from your home phone.
Use of data
- In accordance with your home phone talk plan usage, we reserve the right to collect and process the following data:
- the information that you provided to Virgin Media when you registered for the SmartCall App;
- SmartCall performance measurements including but not limited to call quality; and
- Call data records of calls made by each registered device using the SmartCall App.
- If you are the account holder, Virgin Media would like to keep in touch with you by Post/Phone/Electronic Mail/Text about products and services which we think will interest you based on the information you have provided for either your device or additional devices during registration. We may also use this information for market research. By accepting these terms and conditions you are giving us the OK to do this and agree that we can contact you with specific offers. This will not over-ride any previous or future opt-out preferences.
- The SmartCall App is an additional service available to Virgin Home Phone customers. It is a separate service from Virgin Media’s line rental/M package and rental of your Virgin Home Phone line does not entitle you to have the right to access the SmartCall service. The SmartCall service is provided entirely at Virgin Media’s discretion and can be withdrawn at any time.
- If the account holder has subscribed to Line Rental Saver and falls into arrears on their account, calls will not be permitted to be made via any device registered with SmartCall App. You can however, continue to make inclusive calls from your home phone.