TERMS
AND CONDITIONS FOR PREMIUM RATE TELEPHONE SERVICES
These
terms and conditions (" Terms ") were
last updated on 24th September 2008 and published
on the 25th September 2008.
These
Terms govern your (You/Your) use of and access
to various adult chat services and recorded
services that we offer. In using such services
You will be deemed to have accepted these Terms
and You must therefore make sure that You have
read these Terms carefully. If You do not agree
to these Terms then You must not use or access
the services.
Description
of Services and Prices
•
We provide a range of adult chat services and
recorded services available via a variety of
0909 numbers, that enable callers to: engage
in live 121 with our chat operators; listen
to pre-recorded content including fantasy and
confessions; and, where such other users have
consented, listen in to such other users' live
121 chat (the " Service "). Users
can include callers playing roles or acting
out particular fantasies. You can choose the
particular elements of the Service that You
want to participate in by following the recorded
prompts made to you during the course of Your
call to the Service.
•
Your use of the Service is charged at sixty
pence per minute for 0909 220 numbers, it is
charged at seventy five pence per minute for
0982 790 numbers, it is charged at it is charged
at one pound per minute 0909 540 and 0909 660
numbers, it is charged at one pound fifty per
minute for 0908 121 numbers, national or local
rate from a BT landline all other networks may
vary. The Service may not be accessed from outside
the UK. 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. Please also
note that charges for calls from mobiles may
vary due to Networks Operators’s fees.
•
Charges for Your use of the Service will appear
on and be paid for via Your phone bill.
Your
use of the Service
•
You must be 18 years of age or over to use the
Service. If we discover or suspect that You
are not over 18 years, then we may bar or terminate
Your access to the Service without notice.
•
You agree that in using the Service You will
not:
•
use the Service 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;
•
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 religion, 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 or third
person to contact them without their express
consent; or
•
use the Service in any way that may lead to
the encouragement, procurement or carrying out
of any criminal activity including canvassing,
prostitution or soliciting.
•
The content (other than that provided by Service
users) provided via the Service Provider is
our or our licensor's intellectual property
and cannot be reproduced, used or recorded without
our express authorisation and are provided to
You for Your personal use only when using the
Service.
•
You agree to compensate us if any claim is made
against us or damages (including any reasonable
legal fees in relation to same) are caused to
us as a result of Your breach of the above clauses.
Limitation
of Liability
•
We have no responsibility or control over the
contents of communications made by or between
Service users and can not 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. If You have
any complaints regarding another Service user
then You should use the complaints process set
out at the end of these Terms.
•
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 or our employees or agents.
•
To the fullest extent permissible by law, we
disclaim any and all warranties (promises) of
any kind (whether express or implied) in relation
to the Service and any content accessed by You.
Your statutory rights as a consumer (including
Your right to receive a reasonable standard
of service) are not affected. For information
regarding Your statutory rights, You should
contact Your local Citizen's Advice Bureau or
Trading Standards department.
•
Our liability in tort, contract, negligence,
pre-contract or other representations or otherwise
arising out of or in connection with the Service
and/or these Terms shall be limited in aggregate
to the total amount payable by You in relation
to the relevant Service session.
•
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 Service will be available
uninterrupted and in a fully operating condition
nor that the information in the Service itself
will be free from errors or omissions.
•
Access to the Service may be suspended temporarily
and without notice in the case of system failure,
for regulatory reasons, necessary maintenance
or repair or because of events reasonably beyond
our control.
•
All content comprised in the Service and the
Service itself are provided on an 'as is' and
'as available' basis. We do not make any representation
or give any warranty in respect of the Service
or its content, including, without limitation,
any advice given (on a personal or general basis)
and statements made by advertisers on or via
the Service. Any decisions or action taken by
You on the basis of information provided on
or via the Service is at Your sole discretion
and risk.
General
•
We are constantly looking for new ways to improve
the Service and to enhance Your experience.
We therefore reserve the right to amend and
develop the Service at any time and to amend
and develop these Terms. 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 forthwith when You next choose
to use the Service.
•
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.
•
These Terms shall be governed by the laws of
England and You agree to submit to the exclusive
jurisdiction of the Courts of England and Wales.
SMS Marketing Messages and Electronic
Communication Regulations 2003:
We
will ensure that we comply with all the protection
of the Data Protection Act 1998 and the Privacy
Communication Regulation 2003 afforded to you.
If you use any of our services, we reserve the
rights to use any information we collect for
future direct promotions or campaigns. We are
also unable to distinguish between non witheld
and witheld numbers so some witheld numbers
may stil receive promotional messages.
If you prefer not to receive marketing messages
and wish to opt out of any future promtions
simply send "STOP" to "07624
800 940" with your mobile or send an email
request including your phone number to info@candywall.co.uk.
Contact Us
•
The Service is provided by Candywall Limited
- 61, Wandsworth High Street, London SW18 2PT.
Our VAT Registration number is 778 5837 58.
•
You may contact us by email at info@candywall.co.uk.
Only correspondence sent to this email address
will be responded to by us at our discretion.
•
If You have any other specific complaints about
another Service user or any other aspects of
the Service then You can contact our 24/7 helpdesk
line on 0870 442 4202. Please note that we are
under no obligation to take any action against
a user unless required by law.
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