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Membership Terms and Conditions
Please read and understand Our membership terms and conditions. A PDF version is available for downloading. You'll require a PDF viewer such as Adobe Reader to view and print the document. Click here to download now!
Please read and our Terms & Conditions. A PDF version is available for downloading. You will require a PDF viewer such as Adobe Reader to view and print the document. Click here to download now!
1. Definitions
1.1. In these conditions the following words have the following meanings unless the context requires otherwise:
"Account" means our record of your payments and outstanding Charges, plus your personal details;
"Agreement" means the agreement between You and Us incorporating these conditions for the provision of the Service;
"Charges" means all charges for Services, as published on Our Website;
"Connection" means the process of giving you access to a service. "Disconnection" and "Re-connection" have a corresponding meaning;
"Intellectual Property Rights" means all patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same;
"Divert Number" means the phone number which rings when someone calls your Personal Number;
"Liability" means the Liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities;
"Member" means any person whose membership has been accepted by Us and whose membership remains valid for the time being;
"Networks" means the public telecommunications Services available for use;
"Phone" An instrument that converts voice and other sound signals into a form that can be transmitted to remote locations and that receives and reconverts waves into sound signals;
"PIN" means Personal Identification Number;
"Post" means display, exhibit, publish, distribute, transmit and/or disclose information, details and/or other material on the Service, and the phrases "Posted" and "Posting" shall be constructed accordingly;
"Our Pricing page" means the page on Our Website which lists our current Charges and which is updated from time to time;
"Profile" means the section containing details, photographs and/or information about You composed and Posted by You;
"Roaming" means an optional Service which allows You to use Your Phone on other operators' networks usually in foreign countries;
"Service" means Services, provided by Us for You to use;
"Talksafer™ Personal Number" or "Personal Number" means the 070 number we provide you with when You add this facility as an Upgrade extra;
"Talksafer™ Virtual Assistant" means the service which provides menu options when you dial our 0871 number and enter Your member ID and PIN code;
"User" means any person who browses the Website;
"We, Us, Our" means Talksaferdating.com Limited;
"Website" means Our Website at URL http://www.talksaferdating.com (or any other URL that We may use to provide the Service from time to time);
"You, Your, Yourself" means the person whose application for membership of the Service is accepted by Us;
2. Eligibility
2.1. By accepting these conditions You warrant and represent to Us that:
2.1.1. You undertake to provide Your correct name, address, phone numbers and other factual information required;
2.1.2. You are over 18 years old;
2.1.3. You have not been convicted of any offence relating to violence and/or any offence under the Protection from Harassment Act 1997 (or under any statutory enactment replacing and/or amending such Act); and/or
2.2. 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).
2.3. If you are not able or not willing to give the warranties and representations set out in clause
2.1.1, 2.1.2 and 2.1.3 above then you must not apply for membership.
2.4. If We suspect, on reasonable grounds that information has been supplied to Us without the knowledge of the person named, or that an application is unauthorised or contains false particulars, We may delay Your membership while We investigate further. Following our investigation We will accept membership unless We have grounds to decline. You acknowledge that You will have no claim against Us in respect of any delay caused as a result of the operation of this Condition.
3. Basis of Contract
3.1. This is a legally binding Agreement between You and Us for the provision of the Service.
3.2. These conditions (as amended by Us from time to time) shall govern the Agreement between You and Us to the exclusion of any other terms or conditions and You agree to abide by these terms and conditions (as amended by Us from time to time).
3.3. These conditions (as amended by Us from time to time) supersede all terms and conditions and shall replace any terms and conditions previously notified to You.
3.4. We reserve the right to vary these conditions at any time. If We vary these Conditions, the updated conditions will be posted on the Terms and Conditions page of the Website from time to time.
3.5. Our employees, sub-contractors and/or agents are not authorised to make any representations or warranties concerning the Service unless confirmed by Us in writing.
3.6. You acknowledge that You do not rely on any representation and/or warranty that has not been made in accordance with these conditions.
3.7. We reserve the right to monitor and at Our option to remove for any reason any information, photographs and/or other material Posted by You.
3.8. We shall have the right to refuse to register applications for membership and to terminate memberships at any time.
3.9. The Agreement between You and Us shall come into effect on Our acceptance of Your application for membership. No application for membership shall be deemed to be accepted by Us until you have received confirmation of Your membership from Us by e-mail.
3.10. You will not be able to contact other Members or read and reply to other Members' messages until We have received payment.
3.11. We reserve the right to make changes to the Service as required from time to time by law or applicable safety requirements provided that they do not have a material adverse effect on the quality of the Service.
4. Price and Payment
4.1. The price of the Service shall be as shown on Our Pricing page on the Website.
4.2. All Our prices are subject to changes without notice.
4.3. Our prices are inclusive of any applicable VAT and any details given in relation to exchange rates are approximate only and may vary from time to time.
4.4. You shall pay all sums due to Us under this Agreement by the means of the payment specified in Our Website and without any set-off, deduction, counterclaim and/or any other withholding of monies. Any applicable banking charges on such payments shall be borne by Us.
4.5. Payment shall not be deemed to be made until We have received either cash or cleared funds in respect of the full amount outstanding.
4.6. Either party may terminate this Agreement at any time, for any reason. Termination of the agreement by either party will be effective upon that party sending written notice to the other party of their intentions. To terminate the Agreement You must complete the form on Our termination page.
4.7. All monies paid by You to Us are non-refundable and cancellation and/or termination of this Agreement by You or Us at any time for any reason will not entitle You to a refund of monies paid.
5. Member's Obligations
5.1. You will not:
5.1.1. Post Your personal details such as Your personal telephone numbers (does not apply to your Talksafer™ number posted using the appropriate buttons on the Service, see 14 below), address and/or e-mail address or URL in Your Profile or any other information which would allow other Members and/or Users to contact You directly;
5.1.2. transmit and/or Post information, pictures and/or any other material which breaches, infringes, violates and/or is contrary to any law, by-law, statute and/or regulation or any other parties' rights in (including but not limited to Intellectual Property Rights and/or privacy rights);
5.1.3. use the Service to promote another site, service and/or business in any way including but not limited to Posting any personal e-mail addresses URL's and/or other personal telephone numbers in Your Profile;
5.1.4. solicit other Members' business, buy or sell products and/or services through the Service;
5.1.5. misuse in any way the Service or any information Posted on the Service;
5.1.6. attempt to gain unauthorised access to any information available on the Service or to any of the networks used in providing the Service;
5.1.7. Post and/or reproduce in any way any information and/or material in which the Intellectual Property Rights belong to another party without first obtaining the prior consent of the owner of such rights;
5.1.8. copy, in whole or in part any of the information on the Website (including, but not limited to any information contained in other Members' Profiles) other than for the purposes contemplated in this Agreement;
5.1.9. Post any chain letters and/or junk e-mail to other Members;
5.1.10. in any way assign, transfer, part with and/or authorise any other person to use, Your membership;
5.1.11. transmit and/or Post and/or email to another Member any information, pictures and/or any other material, which in the opinion of the site administrator is sexually explicit, racist, abusive, threatening, sexually suggestive, libellous and/or obscene; and/or;
5.1.12. transmit and/or Post and/or email to another Member any information, pictures and/or any other material, which in the reasonable opinion of the site administrator is capable of offending other Users' political and/or religious beliefs.
6. Your Profile
6.1. You acknowledge that other Users will be able to view Your Profile.
6.2. We may copy and/or reproduce any information Posted by You on the Website in any form and in any manner We wish.
6.3. If You Post and/or disclose to other Users any confidential or sensitive information about Yourself then You do so entirely at Your own risk.
6.4. You will be able to view the details and profiles of other Members.
6.5. You warrant and represent to Us that all information Posted by You:
6.5.1. is accurate, true, complete and is not misleading; and
6.5.2. will be regularly updated by You so that it remains accurate, true, complete and not misleading.
6.6. We reserve the right to review Your Profile from time to time and to amend and/or delete it if We, in Our sole discretion, think that it should be amended and/or deleted.
7. Termination of Membership
7.1. If:-
7.1.1. You fail to make any payment to Us when due;
7.1.2. You breach the terms of this Agreement;
7.1.3. You persistently breach the terms of this agreement;
7.1.4. You fail to provide Us within the time limit requested by Us with sufficient information to enable Us to determine the accuracy and/or validity of any information Posted by You; and/or;
7.1.5. in Our reasonable opinion, any information Posted by You is damaging or potentially damaging to the interests of Our business then We shall have the right, without prejudice to any other remedies, to exercise any or all of the rights set out in clause 7.2 below.
7.2. If any of the events set out in clause 7.1 above occurs in relation to You then:-
7.2.1. We may terminate this Agreement immediately;
7.2.2. We may immediately suspend and/or terminate Your access to the Service without notice; and/or;
7.2.3. all monies owed by You to Us shall become immediately due and payable.
8. Intellectual Property Rights and Confidentiality
8.1. All Intellectual Property Rights in the Service shall be owned by Us absolutely.
8.2. You warrant and represent to Us that the information Posted in Your Profile is Posted by You and that You are the sole author of Your Profile. You assign to Us with full title guarantee all copyright in Your Profile.
8.3. You waive absolutely any and all moral right to be identified as author of Your Profile and any similar rights in any jurisdiction.
8.4. You agree that You will keep confidential and not use, except for purposes contemplated by this agreement, any and/or all information relating to the Service which may be disclosed to You or which You may learn, except where such information is public knowledge or it is required to be disclosed by law.
8.5. We will use Our reasonable commercial endeavours to keep Your personal details such as Your surname, home address, personal telephone numbers, real e-mail addresses and credit card number(s) (where relevant) confidential and will not disclose such information, except where such information is public knowledge or it is required to be disclosed by law.
9. Guarantee
9.1. Service is provided in its current form and We do not guarantee that the Service, or any element of the Service will meet Your requirements, purpose and/or expectations.
9.2. We do not warrant that any of the information and/or material provided in the Service is accurate.
9.3. We do not provide any warranty in respect of the Service, results, availability, and/or uninterrupted use of the Service.
10. Use of the Service
10.1. The Website is merely a forum for Members to Post information about themselves and to allow You to make contact with other Members through use of the Service if You choose to do so.
10.2. You should be aware that information Posted by other Members on their profiles are only a description of how they describe themselves and You should not assume that the information contained in any profile is necessarily correct and accurate.
10.3. We do not have an opportunity to check that the profiles are correct and not misleading. We do not make any representation or warranty that the information contained in any profile is accurate and We are not under any obligation to verify any information contained in any profile.
10.4. Before acting on any information contained in any profile or on any information received by You through Your use of the Service, You should at Your own cost and expense, carry out such investigation as You think is necessary to satisfy Yourself of the truth and accuracy of such information.
10.5. If You arrange any meetings with any person through Your use of the Service then You do so at Your own risk. You should take such precautions as You deem necessary to ensure Your own safety.
11. Limitations on Liability
11.1. We shall have no Liability for any defect in the Service caused or contributed to by You and/or any other Member.
11.2. We shall have no Liability to You if any monies owed by You to Us have not been paid in full by the due date for payment.
11.3. You shall give Us a reasonable opportunity to remedy any matter for which We are liable before You incur any costs and/or expenses in remedying the matter Yourself. If You do not do so We shall have no Liability to You.
11.4. 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 before We shall have any Liability for the claim by You.
11.5. We shall have no Liability to You to the extent that You are covered by any policy of insurance and You shall ensure that Your insurers waive any and all rights of subrogation they may have against Us.
11.6. We shall have no Liability to You arising out of Your use of the Service and/or Your reliance on any information and/or other material Posted on the Service or Posted to You by other Members.
11.7. It is possible for other Users and/or unauthorised users to obtain and misuse information about You as a result of Your use of the Service. We shall have no Liability to You arising out of any Member's and/or unauthorised User's misuse of information and/or other material Posted by You on the Service and/or to other Members.
11.8. We shall have no Liability to You for any:-
11.8.1. consequential losses (including but not limited to loss of profits, damage to goodwill, damage to reputation, loss of data, loss of programs and/or service interruptions);
11.8.2. economic and/or other similar losses; and/or
11.8.3. special damages and indirect losses.
11.9. You shall be under a duty to mitigate any loss, damage, costs or expenses that You may suffer.
11.10. Our total Liability to You under and/or arising in relation to any Contract shall not exceed 5 times the amount paid by You for the Service (if any) under that Contract or the sum of £1,000, whichever is the higher.
11.11. Each of the limitations and/or exclusions in this Agreement shall be deemed to be repeated and apply as a separate provision for each of:
11.12. Liability for breach of contract;
11.13. Liability in tort (including negligence); and
11.14. Liability for breach of statutory duty;
11.14.1. except clause 11.10 above which shall apply once only in respect of all the said types of Liability.
11.15. Nothing in this Agreement shall exclude or limit Our Liability for death or personal injury due to Our negligence or any Liability which is due to Our fraud or any other Liability which We are not permitted to exclude or limit as a matter of law.
11.16. Nothing in this Contract shall exclude or limit any of Your statutory rights which may not be excluded or limited due to You acting as a consumer.
11.17. We shall have no Liability to You for any delay in performance of this Service and/or any other matters to the extent that such events and/or matters are due to any events outside Our reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
12. Indemnity
12.1. You agree to indemnify and keep indemnified Us against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including increased administration costs and legal costs on a full indemnity basis), claims, actions and any other losses and/or liabilities suffered by Us and arising from and/or relating to Your use of the Service, information and/or other material Posted on the Service by You and/or arising from or due to any breach of contract, any tortuous act and/or omission and/or any breach of statutory duty by You.
13. General
13.1. All third party rights are excluded and no third parties shall have any right to enforce this Agreement. This shall not apply to members of Our group who shall have the right to enforce this Agreement as if they were Us. Any right of a third party to enforce this Agreement may be varied and/or extinguished without the consent of the any such third party.
13.2. No waiver by Us of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
13.3. This Agreement contains the entire agreement between You and Us. If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
13.4. This Agreement is governed by and interpreted in accordance with English law and the parties agree to submit to the non-exclusive jurisdiction of the English courts.
14. 0871 and 070 Personal Number Services
14.1. All applications for membership MAY be subject to checking your personal details before We can connect You to the Network. If our assessment of you does not meet Our normal requirements We reserve the right to decline to Upgrade/Connect You. In the event that this should happen We will refund your upgrade charge.
14.2. Recognising that good management and security of Our Services is important to all members, You agree that You will:
14.2.1. provide whatever proof of Your identity and address that We consider reasonably necessary from time to time. Whilst photocopy and fax copies are usually acceptable we do reserve the right to request the original document;
14.2.2. keep confidential, and not disclose to any third party, Your PIN code or any personal identification code, number or name issued by Us permitting access to the Services;
14.2.3. not to use the Services for improper, immoral, fraudulent or unlawful purposes or the sending of any communication which is of an offensive, abusive, indecent, obscene or menacing nature;
14.2.4. not cause, nor knowingly allow others to cause, any nuisance, annoyance or inconvenience, whether to Us or to any of Our members, by any means including the use of the Phone Services for persistently sending unsolicited communications without reasonable cause;
14.2.5. nor act in a way, whether knowingly or otherwise, which will impair the operation of the Service or any part of it, or put it in jeopardy;
14.2.6. comply with all the relevant legislation or regulation relating to the Services use;
14.2.7. comply with any reasonable instructions issued by Us which concern Your use of the Services, and co-operate with Us in Our reasonable security and other checks (which may include us making phone calls to You);
14.2.8. agree not to Post Your Personal Number on Our Service anywhere, at any time, other than by using the appropriate reply to a message requesting Your number or by providing it in a private message sent using our anonymous messaging system;
14.2.9. will not transfer ownership of Your Personal Number to anyone else including any of Our other members;
14.2.10 pay the Service provider for calls you make to your Talksafer™ Virtual Assistant at their standard rates;
14.2.11 accept that recording and monitoring of telephone conversations is for personal use only and should not be made available to any third party. It is advisable to seek independant advice if you wish to use recordings for any other purpose;
14.2.12 accept you may only divert Your Personal Number to numbers starting with 01, 02 or 07. All other numbers are barred.
14.3. We agree that we will:
14.3.1. not send you any Phone bills, charge no line rental or make you sign a contract.
14.4. connect You to Our 0871 Service only after satisfactory approval of Your membership and/or issue You with a Personal Number immediately after receipt of Your Upgrade payment.
14.5. reserve the right to change Our 0871 number, Your PIN code or Your Personal Number at any time without notice.
14.6. not be held responsible for changes to call charges for any reason, at any time.
14.7. offer Your Personal Number until such time as the Service Provider gives Us notice that the Service will discontinue or We decide to discontinue the Service. We reserve this right. Your Personal Number can not be given, sold, rented or loaned to anyone, by You, without the written permission of Talksaferdating.com Limited and/or the Service Provider.
14.8. reserve the right to change Your Service provider for any reason, at any time. This includes access to both Our 0871 and 070 Services. You will be notified within 14 days prior to any change. In the event of a new Service provider being established, it may be necessary for Us to discontinue the service for an unforeseen period. We reserve the right to do this.
14.9. not accept liability for loss of recordings or data due to equipment failure or human error.
14.10. Your Statutory Rights are not affected.
15. Membership Downgrades or Cancellation of Your Personal Number
15.1. If Your membership is downgraded from Essential level to Standard level or You cancel Your membership, at any time, for any reason, You may continue to use Your Personal Number, but you will have no access to Your PIN code. Remember:- Your PIN code allows You to access Your Talksafer™ Virtual Assistant to collect Your voicemail messages or change Your Divert Number. Terms and conditions which apply to the usage of Your Personal Number still apply after Cancellation of Your membership.
15.2. A functioning Phone Services PIN code is only provided via an Upgrade using our Website. It will not be provided by any other means.
15.3. You wish to completely cancel the use of Your Personal Number, at any time, for any reason, contact us using the options available. Provide Your name, Your membership ID, Your Personal Number, and state "I no longer wish to own/use my Personal number."
16. Provision of Phone Services
16.1. We will take all reasonable steps to make all Services available to You at all times. However, please note that:
16.1.1. The Services may from time to time require upgrading, modification,
maintenance or other works. These may result in some or all of the Services becoming temporarily unavailable. In such cases, We will do our best to provide alternative Services and to keep the period of non-availability to a minimum. However some interruption may be inevitable.
16.1.2. We may suspend some or all of the Services You use, without giving You notice, if We have good reason to believe that You haven't complied with one or more of these terms and conditions.
16.1.3. We also reserve the right to Suspend Services if a complaint has been made against You. The complaint will be thoroughly investigated, and Services will remain suspended until We know the results of the investigation. Any complaint you make will be similarly investigated.
16.1.4. Roaming relies on the telecommunications systems of foreign Networks, over which we have no control. We can not therefore offer any guarantees about roaming services.
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