terms and conditions (the "Terms") are the terms on which our
various chat services and recorded services, as more particularly described
in clause 2 below, (the "Services") are made available to you
("You"). By accessing the Services You agree to be bound by these
1. Information About Us / General Information
Our contact details can be heard on the introduction of the Service or on
promotional material. Our company details Phonecard Services Ltd, PO Box
8213, Chiswick, London, W4 3WR..
2. Premium Rate Service
We provide a Voice Chat service for You to choose to access.
2.1 Your use of the various Voice Chat Service options (including voicemail)
is charged at the following rates, dependent upon the number you are dialling,
0871 550 = 10p per minute
0871 908 = 10p per minute
0872 345 = 10p per minute
0906 306 = 51p per minute
0906 615 = 61p per minute
0906 966 = £1.02 per minute
0906 345 = £1.53 per minute
0800 XXX = free from a BT landline
Please also note that charges for calls from networks other than BT and
from mobile networks may vary. This Service cannot be accessed from outside
the UK. Charges for Your use of the Service will appear on and be paid
for via Your phone bill.
2.2 Interactive Voice Chat: We provide a range of interactive voice and
pre-recorded Services available via a variety of numbers that enable callers
to: send recorded messages, send and receive voicemail messages and chat
to other users and browse and listen to other users' introduction messages.
3. Content Submissions
You shall be solely responsible for your own User Submissions and the
consequences of placing them on the Service or publishing them. In connection
with User Submissions, you affirm, represent, and/or warrant that:
You own or have the necessary licenses, rights, consents, and permissions
to use and authorise us to use all patent, trademark, trade secret, copyright
or other proprietary rights in and to any and all User Submissions to
enable inclusion and use of the User Submissions in the manner contemplated
by the Service and these Terms of Service; and
You have the written consent, release, and/or permission of each and every
identifiable individual person in the User Submission to use the name
or likeness of each and every such identifiable individual person to enable
inclusion and use of the User Submissions in the manner contemplated by
the Service and these Terms of Service. For clarity, you retain all of
your ownership rights in your User Submissions. However, by submitting
the User Submissions to the Voice Chat Service, you hereby grant us a
worldwide, non-exclusive, royalty-free, sublicenseable and transferable
license to use, reproduce, distribute, prepare derivative works of, display,
and perform the User Submissions in connection with the Service, including
without limitation for promoting and redistributing part or all of the
Service in any media formats and through any media channels. You also
hereby grant each consumer of the Service a non-exclusive license to access
your User Submissions, and to use, reproduce, distribute, prepare derivative
works of, display and perform such User Submissions as permitted through
the functionality of the Service and under these Terms of Service.
The foregoing license granted by you terminates once you remove or delete
a User Submission from the Service . In connection with User Submissions,
You further agree that You will not:
Submit material that is copyrighted, protected by trade secret or otherwise
subject to third party proprietary rights, including privacy and publicity
rights, unless you are the owner of such rights or have permission from
their rightful owner to post the material and to grant the Service all
of the license rights granted herein;
Publish falsehoods or misrepresentations that could damage the Service
or any third party;
Submit material that is unlawful, obscene, defamatory, libellous, threatening,
pornographic, harassing, hateful, racially or ethnically offensive, or
encourages conduct that would be considered a criminal offence, give rise
to civil liability, violate any law, or is otherwise inappropriate;
Post advertisements or solicitations of business
Impersonate another person.
4. Copyright/Copyright Licence
You may not use the Service, or any part(s) thereof for any purposes other
than for Your own personal use nor for any commercial purposes including,
without limitation, leaving or distributing advertisements or promotions
or offering, either directly or indirectly, services or goods for sale.
Your use of the Service and its contents grants no rights to You in relation
to Our intellectual property rights including, without limitation, trade
marks, logos, graphics, photographs, animations, videos and text or the
intellectual property of third parties comprised in any of the Services.
You may not, without limitation, copy, reproduce, republish, post, broadcast,
record, transmit, commercially exploit, edit, communicate to the public
or distribute in any way, the Services or any part(s) thereof.
Any use other than that permitted under this clause 3 may only be undertaken
with Our prior express authorisation.
5. Your use of the Visitor Material and Conduct
You agree that in using the Service You will not:
Use the Service in any way that may lead to the encouragement, procurement
or carrying out of any criminal activity;
Use the Service for any purpose other than Your personal use, nor for
any commercial purposes including, without limitation, leaving or distributing
advertisements or promotions or offering, either directly or indirectly,
services or goods for sale;
Record or leave any content or act in any manner which is defamatory,
in breach of copyright or may have the effect of being harassing, threatening,
abusive or hateful or that otherwise degrades or intimidates an individual
or group of individuals on the basis of religions, gender, sexual orientation,
race, ethnicity, age or disability, or that is illegal;
Record or disclose personal data regarding another Service user or person
including, without limitation, their email, address or other contact details
that would enable another Service user to contact them without their express
Use the Service to engage in discussion of any subject that is illegal
or grossly offensive.
Please note that We may, at Our discretion monitor or record calls or
messages for the purpose of ensuring compliance with these Terms, for
training purposes and to investigate any complaints.
We reserve the right to suspend, restrict or terminate Your access to
the Service at any time without notice at Our discretion where You are
or We suspect that You may be in breach of these Terms.
We reserve the right to edit or delete any and all profiles, text, audio,
voicemail and video messages which We consider to be in breach of these
Terms. We also reserve the right to edit or delete profiles, text, audio,
voicemail and video messages after a period of inactivity.
Where arranging to meet another user through the Service it is recommended
that You inform a friend of Your plans and arrange to meet in a public
6. Your Legal Obligations
You must be 18 years of age or over to use any Service. If We discover
or suspect that You are not aged 18 years or older then We may bar or
terminate Your access to the Service without notice.
You agree to compensate us if any claim (including any legal fees in relation
to such claim or damages) is made by a third party in respect of any matter
in relation to or arising from Your use of the Service including any breach
or suspected breach of these Terms or Your violation of any law or the
rights of a third party.
7. Our Legal Obligations and Limits on Liability
Much of the content posted via the Services is third party content and
therefore We may not have control over the contents of communications
made by or between Service users and cannot be held liable for any contents
of or consequences of such content. You must be aware that any information
provided by another Service user may be incorrect or misleading and it
is Your responsibility to take precautions and use common sense when using
the Service and providing any information to another user or in a recorded
message. You may find other Service users' use of the Service offensive,
harmful or deceptive and You should also be aware that the Services may
involve persons playing roles and pretending to be something that they
are not. Again, you should take precautions and use common sense when
using the Service.
Nothing in these Terms shall exclude or limit Our liability for fraud
or for death or personal injury resulting from Our negligence or the negligence
by Us, Our employees or agents.
Whilst We use all reasonable endeavours to correct any errors or omissions
as soon as practicable once they have been brought to Our attention, We
do not warrant that the information provided via the Service itself will
be free from errors or omissions. We do not warrant that the Service will
be available uninterrupted and in a fully operating condition.
Access to this Service may be suspended temporarily and without notice
at any time in the case of system failure, maintenance or repair or for
reasons reasonably beyond Our control.
Save to the extent that nothing in this clause 6 shall restrict Your statutory
rights (including Your rights to receive a reasonable standard of service)
all content and options in the Service are provided on an 'as is' and
'as available' basis. We do not make any representation or give any warranty
(whether express or implied) in respect of this Service or its content,
including, without limitation, any advice given (on a personal or general
basis) and statements made by advertisers on or via this Service. Any
decisions or action taken by You on the basis of information provided
on the Service are at Your sole discretion and risk and You should obtain
individual professional advice where necessary.
Our liability in tort, contract, negligence, pre-contract or other representations
or otherwise arising out of or in connection with and/or these Terms shall
be limited in aggregate to the net payment to Us from You in relation
to the relevant Service session.
We will co-operate with any regulators (including, without limitation,
PhonepayPlus (the premium rate services regulator)), law enforcement authorities
or court order requesting or directing Us to disclose the identity of
or locate anyone breaching clause 4.1 or otherwise for the prevention
or detection of crime or the apprehension or prosecution of offenders.
There may be other circumstances in which We may be required by law or
may exercise our discretion to disclose information about You or Your
use of this Service to such persons.
8. Changes to These Terms
We are constantly looking for new ways to improve our Services and to
enhance Your experience. We therefore reserve the right to amend these
Terms at any time. All such changes will take effect once they have been
posted on this website and You will be deemed to have accepted any such
changes by Your use of this Website from such time.
Each provision of these Terms shall be constructed separately and independently
of each other and the invalidity of any one part shall not affect the
validity of any other part.
10. Governing Law and Jurisdiction
These Terms shall be governed by and interpreted in accordance with the
laws of England and Wales (or, where this is not permitted by applicable
law, the country of Your domicile). Disputes arising in connection with
these Terms shall be subject to the exclusive jurisdiction of the courts
of England and Wales unless this is not permitted by applicable law, in
which case the courts in the country of Your domicile shall have exclusive
Please note that prices as advertised in the press and generally may be
subject to change and therefore it is important that You review these
Terms and the Website before using the Service to ensure that You are
aware of the latest charges that will apply. All such changes will take
effect once they have been posted on Our Website and You will be deemed
to have accepted any such changes when You next choose to use the Service.
You may print or save a copy of these Terms for Your reference
These Terms were last updated on (September 2012).
These Terms are only available in the English language.