These terms and conditions (the 'Terms') are the terms on which this website, mobile app and Our various chat and recorded services, as more particularly described in clause 2 below, (the “Services”) are made available to you. By accessing the Website, Mobile App or Services promoted within it, you agree to be bound by these Terms.
1. GENERAL
Questions, complaints or comments regarding content of this Website or Mobile App should be directed to support from our contact page.
2. CONTENT & SERVICES
Through this website and mobile app we provide various services, entirely for your entertainment, including the following:
a) Instant Messaging (IM) Services: provided via a hosted web interface and billed by per message. This service is available to members only and can be paid for by topping up an account with Paypal or Credit Card. The Terms & Conditions of any third party billing method will be provided to you, by the third party, prior to acceptance of that billing method.
b) These Services are charged to you on a range of tariffs, the cost of which will be clearly visible adjacent to the location of the promotion for that service on this website or mobile app.
c) This service is not a substitute for professional counselling or therapy.
d) We do not offer any refund whatsoever.
e) We provide a marketplace to connect customers and agony aunts. We do not offer any agony aunt services to customers ourselves. The advices and services offered by Agony aunts are their own and we can't be held liable for any losses caused as result of advices received by you.
f) The advices given by agony aunts can not be constituted as professional, legal or medical advice.
3. COPYRIGHT
3.1 You may not use the Service, this Website, mobile app 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.
3.2 Your use of the Service, this Website, mobile app and their contents grants no rights to you in relation to our intellectual property rights including, without limitation, trademarks, logos, graphics, photographs, animations, videos and text or the intellectual property of third parties in this Website, mobile app and its contents or comprised in any of the Services.
3.3 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 Website, mobile app and its contents, the Services or any part(s) thereof.
3.4 Any use other than that permitted under this clause 3 may only be undertaken with our prior express authorisation.
4. USE OF THIS WEBSITE & MOBILE APP
4.1 You agree that in using the Service, Website and Mobile App you will not:
4.1.1 use the Service or Website, mobile app in any way that may lead to the encouragement, procurement or carrying out of any criminal activity;
4.1.2 use the Service or Website, mobile app 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;
4.1.3 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;
4.1.4 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
4.1.5 use the Service or Website, mobile app to engage in discussion of any subject that is illegal or grossly offensive.
4.2 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.
4.3 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.
4.4 We reserve the right to edit or delete any and all text, audio and video messages which we consider to be in breach of these Terms.
4.5 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.
5. YOUR LEGAL OBLIGATIONS
5.1 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.
5.2 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 or Website, Mobile App including any breach or suspected breach of these Terms or your violation of any law or the rights of a third party.
6. OUR LEGAL OBLIGATIONS AND LIMITS ON LIABILITY
6.1 Some of the content posted via the Services is third party content and therefore we do not always 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.
6.2 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.
6.3 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.
6.4 We do not warrant that the Service will be available uninterrupted and in a fully operating condition.
6.5 Access to this Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control.
6.6 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 services 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 or via the Website, Mobile App are at your sole discretion and risk and you should obtain individual professional advice where necessary.
6.7 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.
6.8 We will co-operate with any regulators (including, without limitation, ICSTIS), 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.
7. AMENDMENT OF THESE TERMS
7.1 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, Mobile App and you will be deemed to have accepted any such changes by your continued use of this website from such time.
8. SEVERANCE
8.1 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.
9. LAW AND JURISDICTION
9.1 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.
10. GENERAL
10.1 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.
10.2 You may print or save a copy of these Terms for Your reference but the most up to date version of these Terms will always be made available at this page whilst this Website is operational. However, we will not file a copy of these Terms as they specifically reflect our agreement with you.
10.3 These Terms are only available in the English language.