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 Terms.
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, 142 Cromwell Road South Kensington London SW7 4EF.
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, as follows:
0872 100 = 13p per minute
0872 345 = 13p per minute
0800 XXX = normally 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 consent; or
Use the Service to engage in discussion of any subject that is illegal or grossly offensive.
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 place.
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.
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 jurisdiction.
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 25th May 2018.
These Terms are only available in the English language.