Welcome to our website at www.flirtxchange.com ("Website"). flirtxchange ("we" or
"us") makes available interactive entertainment services for users ("you") including
telephone chat, chat voice message and text message services ("Services").
You must read and agree to the Website's terms and conditions before you may access the Website or our Services.
TERMS AND CONDITIONS
Last updated: 30 July 2015
1.1 By using our Apps/Website and/or Services you accept these terms and conditions and enter into a
legally binding agreement with us.
1.2 We reserve the right to vary the terms and conditions at any time and post any updated terms and conditions on the Website. Any amendments to the terms and conditions shall take effect from the date of publication on the Website.
1.3 You are responsible for regularly reviewing and shall be bound by the terms and conditions that are published on the Website from time to time. If you do not agree with the terms and conditions at any time then you should cease to use the Website and Services.
2.1. You are at least eighteen years old or twenty-one if twenty-one is the age of majority in the
location where you access the Website and/or Services. Persons under the age of majority, pretending to
be over the age of majority or knowingly soliciting persons under the age of majority shall be
immediately prevented from further use of the Website and/or Services and where applicable their
Membership shall be terminated.
2.2 You reside in a territory where the laws do not deem the Website and/or Services to be illegal.
2.3 You are not relying on any representation and/or warranty that has been made otherwise than in accordance with these terms and conditions.
2.4 You have not been convicted of any offence relating to violence and/or any offence under the Protection from Harassment Act 1997 or Sexual Offences Act 2003 (or under any statutory enactment replacing and/or amending these Acts) and you have not been subject to any injunction or any order to pay damages under the Protection from Harassment Act 1997 (or under any statutory enactment replacing and/or amending such Act).
2.5 You shall not allow minors to view or access the Website or access the Services.
3.1 You shall use the Website and Services in a manner consistent with any applicable laws and
regulations and shall perform your obligations set out in the terms and conditions.
3.2 In particular you shall NOT:
3.2.1 use the Website or Services for illegal purposes or infringe any third party’s rights, including but not limited to privacy rights and/or intellectual property rights;
3.2.2 behave in a way that is offensive, racist, abusive, obscene, threatening or libellous in your use of the Website or the Services;
3.2.3 use the Website or Services for commercial or business purposes (other than as specifically permitted in this agreement);
3.2.4 attempt to gain unauthorised access to any information available on the Website or Services or to any of the networks used in providing the Website or Services;
3.2.5 misuse the Website or Services in any other way.
3.3 You shall not use the Website or Services to engage in, promote or refer to any the following:
3.3.1 paedophilia or any references to sexual acts with minors, including adults role-playing as minors;
3.3.2 any sexual activity which involves or implies lack of consent from the participants, such as rape or physical restraint (whether real or simulated);
3.3.3 violent, degrading or humiliating sex;
3.3.5 prostitution and pimping;
3.3.6 drug use (whether real or simulated).
3.4 Any use by you of personal numbers will be made in accordance with the terms and conditions for personal numbers, a link to which will be contained on the page of the Website where you obtain your personal number or as is otherwise notified to you.
3.5 In the event that you breach any of the provisions above then we shall be entitled to take action against you including immediately preventing your access to the Website and/or Services or terminating your Membership or use of the Website and/or Services. Where we consider this appropriate and/or as may be required by law we shall take legal action against you including reporting you to any relevant law enforcement authorities.
4.1 We have the right to:
4.1.1 monitor, record and at our sole discretion, remove for any reason whatsoever any information or content and any other materials submitted by you ("Content"), particularly if we consider that the Content in any way breaches these terms and conditions or is otherwise against our policies or is in violation of the law;
4.1.2 prevent your access to the Website and Services and/or terminate your Membership or use of the Website and Services with immediate effect in accordance with the termination provisions below;
4.1.3 make changes to the Website and/or Services in our sole discretion or as required from time to time by law or applicable safety requirements;
4.1.4 to the extent permitted by law, copy, edit or reproduce any information submitted or transmitted by you on the Website and Services in any form.
4.1.5 contact you with news, promotions and special offers by email or sms. You have the option to opt-out of these communications at any time from your profile or settings page.
5.1 You may be allocated a Direct Connect Number free of charge when you have successfully signed up.
5.2 Your receipt of calls using the Direct Connect Number service will be free of charge where you receive the call on a UK landline or UK mobile telephone number located in the UK. The receipt of a call may not be free where you receive a call on a mobile roaming outside of your home network (in which case your normal roaming charges will apply).
5.3 We reserve the right to withdraw and cancel any Direct Connect Number which receives less than a minimum of 3 minutes of calls in any 90 day period, without or without notice.
5.4 We reserve the right to withdraw without notice any Direct Connect Number allocated to you in the event that you are in breach or likely to be in breach of any of these terms and conditions.
5.5 You are strictly prohibited from sharing in or in any way receiving any revenue or financial reward from callers calling your Direct Connect Number and in using the Direct Connect Number service you warrant that you do not receive any such financial rewards or revenues.
5.6 We or our telecommunications provider retain ownership of the Direct Connect Number and you are provided with a revocable, non-exclusive licence to use the Direct Connect Number and the Direct Connect Number service strictly in accordance with these terms and conditions.
5.7 We accept no liability or responsibility to you or to any other person for:
(i) failure to connect or divert a call to your Direct Connect Number to your nominated divert number;
(ii) calls to your Direct Connect Number being cut off or interrupted;
(iii) any other failure, malfunction, delay, suspension or interruption of the network; or
(iv) any other direct, indirect, special, incidental or consequential loss or damage arising from the Direct Connect Numbers or the use of the Direct Connect Number service.
5.8 You may only nominate numbers to receive the Direct Connect Number service where you are the bill payer or have the bill payer's express permission.
5.9 The Direct Connect Number service will forward calls to standard rate UK landline and UK mobile numbers. Where commercially feasible to the Company and the telecommunications provider it will also forward calls to landline and mobile numbers outside of the UK, however, the countries for which such service is available may be subject to change at any time and without notice.
5.10 To prevent unauthorised use, all calls to Direct Connect Numbers will be capped at £30 at a time and automatically terminated by forced release.
5.10 We reserve the right to terminate our Direct Connect Number service at any time, with or without notice.
6.1 Fees are payable by you for using the Services and these shall be notified to you prior to you
incurring them. All fees include VAT unless expressly stated otherwise.
6.2 We have the right in our sole discretion and at any time to make any changes to our fees, payments, payment processing and collection methods, including but not limited to changes to our third party payment processors and currencies in which payment may be made.
6.3 If you have successfully registered as a member (“Member”) on the Website then you may make a credit or (in certain territories) a debit card payment to purchase Reward points (“Reward Points”). Please note that any Reward Points purchased under the Reward Points scheme shall be governed by these terms and conditions.
6.4 Please be aware that your credit or debit card issuer agreement governs your use of your designated credit or debit card in connection with any such payment. You must refer to that agreement and not these terms and conditions regarding your rights and liabilities as a credit or debit card holder.
6.5 Credit and debit card charges are processed via one of our third party processors, who will process the payment accurately and securely. In the event that you choose to make payment via the Website then you shall be transferred to the relevant third party processor’s website where the relevant payment shall be processed.
6.6 If you are a Member, you may view a summary on the Website of your use of the Services along with your current payment balance.
6.7 You shall pay any sums due to us by the means of the payment specified on the Website and without any set-off, deduction, counter-claim or any other withholding of monies.
6.8 In relation to credit and debit card payments, the payment shall not be deemed to be made by you until we have received cleared funds in respect of the full amount owing.
6.9 Except as otherwise stated in these terms and conditions, we do not provide refunds unless we consider in our sole discretion that extraordinary circumstances apply and we may in our sole discretion grant Reward Points in lieu of a refund. If you believe that you have a legitimate right to any refund then you must contact us in writing at email@example.com giving a full explanation of your request. In the event that we issue a refund then this shall be made by crediting the credit or debit card that was used by you to make the purchase. No refunds shall be made by cash or cheque.
6.10 Where you elect at the time of sign-up to the Website to make periodic subscription payments in relation to the Services, you are responsible for any such payments in accordance with these terms and conditions.
6.11 If you elect to make a payment on a subscription basis where the payment automatically renews at the end of the original term (“Automated Recurring Payment”), then you shall be charged the agreed sum on the due date for renewal. However you shall not be charged this sum in relation to an Automated Recurring Payment in the event that we receive a notice from you (sent to firstname.lastname@example.org STOP to a short code) stating that you do not wish to renew your subscription no fewer than seven (7) days before the due date for renewal. This shall not apply to any trial offer unless we state that you will be automatically charged on the day following the date on which the trial offer expires.
6.12 In the event of a charge back occurring from your credit card and being charged back to us, your Membership will be terminated immediately and all of your Reward Points will be forfeited. In addition we may take appropriate legal action to recover any sums due including but not limited to referring any charge-backs to third party debt collection agencies.
6.13 A Member who has not yet used the Services, acts in accordance with these terms and conditions and makes a payment to us, shall have the right to cancel and be refunded the payment within seven days from the date in which the payment is made by sending a notice to us at email@example.com.
6.14 For any payment and billing enquiries please contact our Customer Support team at firstname.lastname@example.org.
7.1 You may apply to register on the Website as a Member by providing a valid email address and other
relevant details and you shall update us of any changes to these details. We shall be entitled at our
sole discretion to reject any applications for Membership.
7.2 You shall not assign, transfer, part with and/or authorise any other person to use your user name and password (“User Details”) and shall safeguard your User Details. You are solely responsible for any loss or damages caused by the use of your User Details, including any use not approved or contemplated by you.
7.3 Registering as a Member entitles you to certain membership (“Membership”) benefits including in relation to the Reward points scheme that we may in our sole discretion operate from time to time (“Reward Points Scheme”.)
7.4 The Reward Points Scheme is only open to Members in accordance with these terms and conditions. Under the Reward Points Scheme, Members may have Reward Points credited to their account in one of the two following ways:
7.4.1 by purchasing Reward Points through making payment for these via the Website or SMS; or
7.4.2 by being awarded Reward Points through loyally using the Services in accordance with these terms and conditions. Please note that Reward Points acquired through loyally using they services have no cash value until they are redeemed.
7.5 A Member’s entitlement to redeem Reward Points shall terminate or be suspended if:
7.5.1 the Member’s account is terminated or suspended by us pursuant to these terms and conditions, or if the Member’s account closes, terminates or expires for any other reason, or if:
7.5.2 we suspend or terminate the Rewards Point Scheme. In this case we shall give to Members as much prior notice as is reasonably possible and Members’ accounts will be accordingly suspended or terminated.
7.6 If we suspend or terminate the Rewards Point Scheme and a Member has paid for Reward Points, then we shall refund in full any pro-rata sum equivalent to the Reward Points paid for by the Member as at the date of such suspension or termination and such calculation and payment shall be reasonably made in our sole discretion.
7.7 If we suspend or terminate the Rewards Point Scheme and a Member has not paid for Reward Points but has been awarded these for loyally using the Services, then we shall not be obliged to make any payments to the Member.
7.8 We may close a Members’ account where no points have been paid for, awarded to or redeemed by the Member for a continuous period of ninety (90) days.
8.1 We shall be entitled to terminate your access to the Website and/or Services and/or terminate your
Membership with immediate effect in the event that:
8.1.1 you breach any of the provisions contained in these terms and conditions; or
8.1.2 we cease trading or for any reason cease to operate the Website and/or Services; or
8.1.3 you do not use the Website and/or Services for a period exceeding ninety days.
8.2 If we terminate your Membership we will notify you in writing to the e-mail address you have supplied to us.
8.3 You may terminate your Membership at any time via the Website. If you would like to discuss this first then please contact us at email@example.com.
8.4 All monies paid by you to us are non-refundable and cancellation and/or termination of Membership or your agreement with us at any time for any reason will not entitle you to a refund of monies paid, except as otherwise stated in the terms and conditions.
9.1 Any and all Intellectual Property Rights in the Website and Services shall be owned by us or our
associates or licensees (as applicable). Intellectual Property Rights means patents, trade marks,
service marks, registered designs, design rights, confidential information, applications for any of the
foregoing, copyright (including copyright in software), database rights, know-how, unregistered designs,
trade or business names and other similar rights or obligations anywhere in the world, whether
registered or not and whether capable of registration or not.
9.2 Any trademarks including logos, names and images displayed on the Website are our registered or unregistered trademarks or those of our licensors as applicable. Except where expressly stated to the contrary, nothing on our Website confers any licence or right to use any trademarks displayed on our Website without our prior written approval.
9.3 By submitting any content to us you hereby grant to us a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your content worldwide and/or to incorporate your content in other works in any media now known or later developed for the full term of any rights that may exist in your content. If you do not want to grant to us these rights then you should not submit your content to us.
10.1 The Website and Services are provided to you on an “As Is” basis" without any
representations or any kind of warranty made by us (whether express or implied by law) to the extent
permitted by law, including but not limited to the implied warranties of satisfactory quality, fitness
for a particular purpose and compatibility. In particular, we do not guarantee that the Website or
Services, or any element of the Website or Services, shall meet your requirements, purpose or
10.2 We do not provide any warranties in respect of the results, availability, and uninterrupted use of the Website and/or Services or that they are free of viruses or defects.
10.3 We may on occasions need to perform network maintenance or upgrades. If we need to bring down the Website and/or Services to do so then we shall endeavour to provide reasonable advance notice to you. However, please be aware that we may do so at any time in our sole discretion and with no notice in order to preserve the integrity of our networks and we shall not be liable to pay any compensation to you if we do so.
11.1 We shall have no liability to you for any and all damages, claims, awards, costs and expenses in
relation to the following:
11.1.1 loss of data; loss of revenue or anticipated profits; loss of business; loss of opportunity; loss of goodwill or injury to reputation; losses suffered by third parties; or any indirect, consequential, special or exemplary damages arising from the use of Website and/or Services regardless of the form of action;
11.1.2 any content, information and/or other material contained on the Website and/or Services made available to you or arising from any unauthorised use of Content, information and/or other material submitted or received by you on the Website and/or Services;
11.1.3 any links to other third party websites ("Linked Sites") that the Website may contain. We are not responsible for the contents of any Linked Site and the products and/or services offered on third party websites. The inclusion of any link does not imply endorsement or approval by us of the Linked Site or any association with its operators.
11.2 In any event, our total liability to you under and/or arising in relation to these terms and conditions shall not exceed three times the amount paid by you in relation to the Website and/or Services within the preceding year (if any) or the sum of £150 whichever is the higher. You shall produce to us written evidence of any claims for which it is alleged that we are liable together with written details of how any loss was caused by us and the steps you have taken to mitigate the loss (if any) before we consider your claim.
11.3 Nothing in these terms and conditions shall exclude or limit:
11.3.1 Our liability for death or personal injury due to our negligence or any liability which we are not permitted to exclude or limit as a matter of law; or
11.3.2 any of your statutory rights which may not be excluded or limited due to you acting as a consumer.
11.4 You shall indemnify us against any and all losses, damages, awards, costs (including legal costs) and expenses suffered by us and arising from or relating to your use of the Website and/or Services, or arising from or due to any breach of these terms and conditions by you.
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