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Mobile phone users - we will not provide any other party with information concerning the your telephone number, but we reserve the right to contact you by text or by message to inform you of changes, service problems and upgrades and other helpful information that is relevant to our services. |
| These
terms and conditions (" Terms ") were last updated on 1st
February 2011 and published on the 12th february 2011 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 090 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 one pound and two pence per minute for 0909 105 numbers and twenty six pence per minute for 0909 202 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 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 Network Operators’ 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 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 the Data Protection Act 1998 and the Privacy Communication Regulation 2003 afford 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. • If you prefer not to receive marketing message and to opt out send "STOP" to "07624 800 940" with your mobile or send an email request including your phone number to info@candywall.co.uk.
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