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.
Last updated: March 2018
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 Apps/Website. Any amendments to the terms and conditions shall take effect from the date of publication on the Apps/Website.
1.3 You are responsible for regularly reviewing and shall be bound by the terms and conditions that are published on the Apps/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 Apps/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 Apps/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 Apps/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 Apps/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 shall not allow minors to view or access the Apps/Website or access the Services.
3. YOUR OBLIGATIONS
3.1 You shall use the Apps/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 Apps/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 Apps/Website or the Services;
3.2.3 use the Apps/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 Apps/Website or Services or to any of the networks used in providing the Apps/Website or Services;
3.2.5 misuse the Apps/Website or Services in any other way.
3.3 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 Apps/Website and/or Services or terminating your Membership or use of the Apps/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. OUR RIGHTS
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 Apps/Website and Services and/or terminate your Membership or use of the Apps/Website and Services with immediate effect in accordance with the termination provisions below;
4.1.3 make changes to the Apps/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 Apps/Website and Services in any form.
4.1.5 contact you with news, promotions and special offers by email or sms or other notifications. You have the option to opt-out of these communications at any time from your profile or settings page.
5.1 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.
5.2 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.
5.3 If you have successfully registered as a member (“Member”) on the Apps/Website or app then you may make a credit or (in certain territories) a debit card payment to purchase Reward Points ("Points"). Please note that any Points purchased under the Points scheme shall be governed by these terms and conditions.
5.4 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.
5.5 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 Apps/Website then you shall be transferred to the relevant third party processor’s Apps/Website where the relevant payment shall be processed.
5.6 If you are a Member, you may view a summary on the Apps/Website of your use of the Services along with your current payment balance.
5.7 You shall pay any sums due to us by the means of the payment specified on the Apps/Website and without any set-off, deduction, counter-claim or any other withholding of monies.
5.8 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.
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 firstname.lastname@example.org 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.
5.10 Where you elect at the time of sign-up to the Apps/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.
5.11 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 email@example.com or as a 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.
5.12 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 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.
5.13 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 firstname.lastname@example.org.
5.14 For any payment and billing enquiries please contact our Customer Support team at email@example.com.
6. MEMBERSHIP AND REWARD POINTS
6.1 You may apply to register on the Apps/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.
6.2 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.
6.3 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".)
6.4 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:
6.4.1 by purchasing Reward Points through making payment for these via the Apps/Website, Mobile applications or SMS or;
6.4.2 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 the services have no cash value until they are redeemed.
6.5 A Member's entitlement to redeem Reward Points shall terminate or be suspended if:
6.5.1 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:
6.5.2 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.
6.6 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.
6.7 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.
7.1 We shall be entitled to terminate your access to the Apps/Website and/or Services and/or terminate your Membership with immediate effect in the event that:
7.1.1 you breach any of the provisions contained in these terms and conditions; or
7.1.2 we cease trading or for any reason cease to operate the Apps/Website and/or Services; or
7.1.3 you do not use the Apps/Website and/or Services for a period exceeding ninety days.
7.2 If we terminate your Membership we will notify you in writing to the e-mail address you have supplied to us.
7.3 You may terminate your Membership at any time via the Apps/Website. If you would like to discuss this first then please contact us at firstname.lastname@example.org.
7.4 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.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 Any and all Intellectual Property Rights in the Apps/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.
8.2 Any trademarks including logos, names and images displayed on the Apps/Website are our registered or unregistered trademarks or those of our licensors as applicable. Except where expressly stated to the contrary, nothing on our Apps/Website confers any licence or right to use any trademarks displayed on our Apps/Website without our prior written approval.
8.3 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.
8.4 We may make your profile visible on other network sites operated by us which will considerably extend the reach of your profile.
9.1 The Apps/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 Apps/Website or Services, or any element of the Apps/Website or Services, shall meet your requirements, purpose or expectations.
9.2 We are not under any obligation to verify that any of the information, content or material supplied by you is accurate or current.
9.3 We do not provide any warranties in respect of the results, availability, and uninterrupted use of the Apps/Website and/or Services or that they are free of viruses or defects.
9.4 We may on occasions need to perform network maintenance or upgrades. If we need to bring down the Apps/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.
10 LIMITATIONS ON LIABILITY AND INDEMNITY
10.1 We shall have no liability to you for any and all damages, claims, awards, costs and expenses in relation to the following:
10.1.1 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 Apps/Website and/or Services regardless of the form of action;
10.1.2 any content, information and/or other material contained on the Apps/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 Apps/Website and/or Services;
10.1.3 any links to other third party Apps/Websites ("Linked Sites") that the Apps/Website may contain. We are not responsible for the contents of any Linked Site and the products and/or services offered on third party Apps/Websites. The inclusion of any link does not imply endorsement or approval by us of the Linked Site or any association with its operators.
10.2 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 Apps/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.
10.3 Nothing in these terms and conditions shall exclude or limit:
10.3.1 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
10.3.2 any of your statutory rights which may not be excluded or limited due to you acting as a consumer.
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 Apps/Website and/or Services, or arising from or due to any breach of these terms and conditions by you.
11.1 You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of this agreement or your use of the Apps/Website and/or Services.
11.2 We may assign or transfer our rights and obligations under these terms and conditions to a third party at any time.
11.3 These terms and conditions contain the entire agreement between you and us with respect to the subject matter hereto and supersedes all previous agreements and understandings between us.
11.4 If any provision of the terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the terms and conditions and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
11.5 No waiver by us of any breach of the terms and conditions shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
11.6 Any delay or failure by you or us to perform any obligation under these terms and conditions shall not constitute a breach of these terms and conditions to the extent that it is caused by an act, event, omission or accident beyond the reasonable control of that party.
11.7 Headings in these terms and conditions are for ease of reference only and shall not affect their interpretation.
11.8 All third party rights are excluded and no third parties shall have any right to enforce these terms and conditions. This shall not apply to our associated companies who shall have the right to enforce the terms and conditions as if they were us.
11.9 The terms and conditions are governed by and interpreted in accordance with the laws of England and Wales and the parties hereby agree to submit to the exclusive jurisdiction of the English courts.
11.10 The Apps/Website is owned and operated by Txt Me TV Limited, a company established under the laws of England and Wales with registered number 04247285 and with its registered office at 16 Charles II Street, London, SW1Y 4NW and principal place of business at 28-33 The Quadrant, 135 Salusbury Road, London NW6 6RJ, United Kingdom. It is registered for VAT in the United Kingdom with number GB877113217.
© 2017 txtme tv ltd