Terms and Conditions
This sets out the terms and conditions under which we provide SMS services that we, or our customers, offer mobile phone users from time to time. If there is anything that you do not understand contact our Helpline by telephone 0844 561 6410. You will be charged no more than national rate.
By calling and connecting to our services you agree to the terms of this Agreement, and you re-affirm that agreement every time you use it. You should be aware that our terms, conditions and the charges for SMS services may change from time to time. Changes may be due to new regulatory requirements or due to changes made by the mobile phone network operators. These situations are beyond our reasonable control. We will always endeavour to provide prior notice of changes but sometimes we are bound to introduce changes with immediate effect in which case we will not be able to provide you with prior notice.
We are the My-Astrologer.co.uk, and can be contacted at PO Box 384, CB2 5LR. References to "us," "we" and "our" in these terms and conditions relate to My-Astrologer.co.uk.
1. Types of services you should expect
1.1 Services are primarily designed for adults and unless information is provided to the contrary all users of our SMS services must be at least 18 years of age.
1.2 The following is a list of the types of SMS service that we may run from our platform:
1.2.1 Chatline Services
Competitions and Other Games
Fundraising and Charitable Donations
Information Services
Live Services
Pay for Product
Virtual Chat and Contact.
1.2.2 The list in 1.2.1 is given by way of example and is not necessarily exhaustive or any form of commitment to provide the services listed.
2. When you respond to promotions
2.1 Responding to promotions means calling SMS services as the result of anything that directly or indirectly encourages you to use the SMS services.
2.2 By responding to promotions you are agreeing to immediate provision of the service and that you are happy to receive SMS messages to the mobile phone that was you used to respond. For some services where you register your email address you also agree to receive emails, which will be sent to the address you have registered.
2.3 We are not an Internet Service Provider, television broadcaster or digital TV provider. In order to participate in some services you may need Internet access, a television or digital TV. In such cases you have to organise your own facilities for such services and you acknowledge that we are not liable for anything that results from your use of those services.
2.4 You have the right to cancel the service. You will not be entitled to any refund of that fee.
3. Charges
3.1 Charges are regulated by PhonePayPlus. In circumstances specified by PhonePayPlus regulations and the agreements that we have entered into with mobile phone network operators we are obliged to notify you when you have reached certain charge levels and in other specified circumstances to terminate the service.
3.2 Charges will vary according to the service and promotion you respond to.
3.3 The promotion that initiates your call should inform you of the charges involved.
3.4 From time to time some services you call will involve a number of messages and a corresponding number of charges may result. For that reason it may not always be possible to determine exactly the cost that you will pay for an individual service or your interaction with that service.
3.5 From time to time SMS services will charge you using a method known as Reverse Billing. This may be initiated when you respond to a promotion using a Short Code. A Short Code may involve you sending a Key Word specified in the promotion to the Short Code number in the promotion. The charge for sending the Short Code will be at the usual rates set by your mobile network operator. The SMS service will reply to the Short Code and as a Reverse Bill we will bill you for sending out the reply.
4. Acceptable Use
4.1 This service gives you access to a range of recorded, live or chat services both online and by telephone which includes mobile phones if your mobile network operator will allow it.
4.2 Our SMS services are intended primarily for consumer home use. It is intended to appeal to a wide range of audiences but it is not suitable for use by children or those under 18 years of age. Parents and guardians will be responsible for the actions of any children that use our SMS services and should remember the importance of supervising children's use of Internet, telephone and mobile phone services.
4.3 Use of our SMS service is for lawful purposes only. You may not use our SMS service:
4.3.1 in a way that does not comply with these terms or any laws applicable to you or that is in any way unlawful or fraudulent; or
4.3.2 to send, knowingly receive, upload, download, use or re-use any material which is abusive, defamatory, indecent, obscene or menacing, unreliable, in a violent, cruel, sadistic or be of a repulsive or horrible nature, involve foul language or in breach of any intellectual property, copyright, confidence, privacy or any other rights; or
4.3.3 to send or upload any material that contains or causes viruses, trojan horses, worms or any other harmful programmes or agents; or
4.3.4 to cause annoyance, offence, inconvenience, needless anxiety; encourage or incite any person to engage in dangerous practices or to use harmful substances; induce or promote racial disharmony; debase, degrade or demean, promote or facilitate prostitution; or
4.3.5 to spam or instigate the sending of any unsolicited advertising or promotional material; or
4.3.6 to attempt to, hack, modify or otherwise corrupt the security or functionality of our SMS service.
4.4 If you do not follow the guidelines set out in various paragraphs of this Agreement, you agree to indemnify us against all claims, demands, actions, costs, expenses (including but not limited to reasonable legal costs and disbursements), losses and damages arising from or incurred as a result of your actions.
5. Registration
5.1 When you register for SMS services you agree to and confirm that you are using true, accurate and current information about yourself and that includes your correct name, email address and any other requested details.
5.2 When responding to promotions and calling our SMS services you must ensure that
(a) you are fully entitled and authorised to use that mobile phone, and
(b) the mobile phone account has available funds sufficient to cover the charges deducted from it.
5.3 Under PhonePayPlus regulation we are obliged to collect certain information from you from time to time in connection with, and prior to your participation in, certain services. By way of example, before taking part in Chatline services we may ask for your name, address, date of birth and confirmation that you have permission of the bill-payer to make the call.
6. Privacy
6.1 Our Privacy Policy is included within the scope of these Terms and Conditions and you agree to our handling of your personal data in that policy.
6.2 The use of our SMS services is governed by PhonePayPlus (The Independent Committee for the Supervision of Standards of Telephone Information Services). As a consequence;
6.2.1 data collected from callers by us may be used by PhonePayPlus for regulatory purposes.
6.2.2 PhonePayPlus will engage in random monitoring of conversations to check that the conditions of the PhonePayPlus code are being complied with. Where conversations are required to be recorded PhonePayPlus may call for random samples of those recordings for the same purpose.
6.2.3 The information you give us may be used to tell you about other products and services provided or recommended by us. Please email us if you do not want to be sent information on unsubscribe@livechat.co.uk.
7. Agreement start
This Agreement with you starts when you register for the service. These terms and conditions are the Agreement.
8. Agreement end
This Agreement can be ended by:
i) us giving one month's notice to you; or
ii) you giving one day's notice to us.
iii) the terms and conditions of the Agreement being broken
9. Using the service
9.1 It is up to you to provide the equipment to connect to our SMS services, to pay any connection charges and to observe the terms, conditions and security procedures relating to those services. Failure to do so may mean you are unable to access our SMS services.
9.2 Our SMS services may provide links or telephone numbers to other resources. We are unable to accept responsibility for these other resources; neither have we endorsed the content, products or services merely because they are promoted by our SMS service.
9.3 We make no representations or warranties about the information included in services delivered to you by our SMS service (including links to third party resources). You will be entirely responsible for the decision you make to link to such third party resources and for any decisions you make based on the information provided in such resources.
9.4 In connection with our Information services we make all reasonable efforts to provide information that is accurate at the time of its inclusion. There may be errors however, inaccuracies or omissions in respect of which we exclude all liability.
9.5 Your use of our SMS service is entirely at your own risk. You should exercise at least some degree of caution in evaluating what you see when involved in SMS communication with people who are unknown to you (such as when you are using Chatline services) and be aware that people may not necessarily be who they say they are and that people may provide information or behave in a way that is unreliable, misleading or illegal. That caution is particularly relevant if you asked to surname, place of work, address or telephone number or if you are asked to arrange a meeting.
10. Complaints & Enquiries
10.1 If you have an enquiry or reason to complain about services delivered by us through our SMS service then please contact our customer service:
i. by telephone using our Helpline 0844 561 6410; or
ii. write to us at Customer Service, My-Astrologer.co.uk, PO Box 384, CB2 5LR.
10.2 You are also entitled to make a complaint or enquiry about a service by contacting PhonePayPlus
i. By Free Helpline: telephone 0800 500 212; or
ii. By writing to the following address:
PhonePayPlus
Freepost WC5468
London
SE1 2BR
11. Service Provision
11.1 When providing the service to you we promise to use the reasonable skill and care of a competent provider of SMS services.
11.2 We take reasonable steps to safeguard the security of any information you input or send to us in connection with SMS services. Such safeguards include the use of secure services and encryption where we deem appropriate. We accept no responsibility however, for any damages that you may suffer as a result of the loss of the confidentiality of information input or sent to us in connection with our SMS service.
11.3 We may need to temporarily suspend the service for repairs, planned maintenance or upgrades. We shall provide you with as much notice as we can prior to such suspension and we will restore the service as quickly as possible.
11.4 The SMS service uses the networks of licensed telephone operators for the communications that enable the service and you acknowledge that we cannot guarantee that our SMS service will be uninterrupted or error free. Neither can we guarantee that transmission of information over mobile phone networks will be secure.
11.5 We reserve the right to withdraw or modify one or more aspects of our SMS service where we have legal or technical reasons to do so (including technical difficulties experienced by or in communicating with mobile phone networks).
11.6 We will correct all reported faults as soon as we can. There may be unscheduled times therefore, when the SMS service becomes unavailable and at those times it may not be possible to provide notice that the service will be unavailable. We cannot guarantee that the service will never be faulty.
11.7 For security or other reasons we may alter, or require you to change password or other information that facilitates access to the SMS services provided.
11.8 We may provide instructions about health and safety issues when using our SMS service, or on your use or security of My-Astrologer.co.uk to ensure the quality of the service we provide to you and other customers and you agree to observe them.
11.9 Various elements of the SMS services rely on other companies to facilitate parts of the service. We are therefore unable to guarantee the products and services or any third party resources accessed as a result our SMS service are virus or error free. In the case of Internet resources you should check all emails, attachments or files before downloading them.
11.10 All users of the service acknowledge that we cannot be responsible for the behaviour or actions of other users at any time or place.
12. Security
12.1 In order to use some of the SMS services provided directly by us or indirectly by Information Providers you will choose and will be issued with a password and user name. You are responsible for the security and proper use of all passwords and your user name relating to SMS services delivered by us. You must take all necessary steps to ensure that all passwords, and your user name are kept secure so as to remain confidential and that they are used properly.
12.2 You are obliged not to divulge your password to any other person and you agree not to use another person's user name or password
12.3 If we have reason to believe that there is likely to be, or has been, a breach of security or misuse of our SMS service we may:
(a) Require change of your password; and/or
(b) Suspend user names and password access to SMS services and notify you accordingly.
12.4 You must inform us immediately if you believe that your password has become known to any other person or if any password is being or is likely to be used in an unauthorised way.
13. Suspension
We can suspend or restrict your access to our SMS service or terminate this Agreement (or both) immediately if:
13.1 You breach this Agreement and fail to remedy the breach within a reasonable period of being asked to do so; or
13.2 We believe that our SMS service is being used in a way forbidden by paragraphs 2, 4 or 10, even if you do not know that our SMS service is being used in such a way; or
13.3 We believe your use of our SMS service causes or is likely to cause the whole or part of the our SMS service to be interrupted, damaged, rendered less efficient or in any way impaired.
13.4 We determine that your account is inactive; or
13.5 Bankruptcy or insolvency proceedings are brought against you, or an arrangement with creditor is made, or a receiver or administrator is appointed over any of your assets, or you go into liquidation; or
13.6 Criminal proceedings are bought against you; or
13.7 If we suspend your access to our SMS service it will not be restored until you satisfy us that our SMS service will only be used in accordance with this Agreement; or
13.8 If your access to our SMS service is suspended because of a breach of this Agreement by you, this Agreement will still continue; or
13.9 You acknowledge that we are entitled to withdraw any material from our SMS service, which is capable of breaching this Agreement, or to bring our SMS service into disrepute. A decision to withdraw material may be based on information received from users or others or based on our own determination.
14. Matters beyond our reasonable control
14.1 If we cannot fulfil this Agreement because of something beyond our reasonable control such as failure of electronic or mechanical equipment (or loss of data resulting from such failures) or communication lines, telephone or other interconnection problems, computer viruses, computer or telephone hacking, unauthorised access, theft, operator error, earthquakes, lightning, flood, exceptionally severe weather, fire or explosion, civil disorder, war or military operations, terrorism, national or local emergency, government action or other competent authority or industrial disputes of any kind we will not be liable for this.
14.2 We have no control or responsibility for the truth or accuracy of any material available through our SMS service whether provided by users or not.
14.3 If any such events continue for more than 14 days you can terminate this Agreement provided that you give us notice.
14.4 If the events continue for more than three months, we can terminate this Agreement by giving you notice.
15. Changes
15.1 We may alter and/or amend at any time any aspect of our SMS service provided such alteration or amendment does not require any material change to this Agreement
15.2 We reserve the right to change this Agreement from time to time and post the new version on our web site.
15.3 The new terms and conditions will take effect:
i) immediately if the changes do not adversely affect you; or
ii) after thirty days if the changes are capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect and from that date you must cease to use My-Astrologer.co.uk.
15.4 You will be deemed to have accepted any alteration or amendment to My-Astrologer.co.uk or this Agreement if you continue to use My-Astrologer.co.uk after the relevant period of notice has expired.
16. Liability
16.1 We will be liable to you if you are injured or die as the result of our negligence.
16.2 We have no liability (whether in negligence or otherwise) for any loss nor reasonably foreseeable by us when this Agreement starts, nor any loss of opportunity, goodwill, reputation, business revenue, profit or savings you expected to make, wasted expenditure or data being lost or corrupted.
16.3 Our liability of any sort including liability for negligence is limited to an amount equal to the sums paid by you to us during the twelve months prior to the relevant period no matter what the cause or form of action.
16.4 We have no liability to you or any other person for any losses or damages that you or anyone else may incur if you disclose your password to any other person. This includes losses arising out of the re-disclosure of this information by the recipient to another person.
16.5 We have no liability of any sort for acts, omissions or errors of providers of telecommunication services or for faults in or failures of their networks and equipment.
16.6 Each sub clause of this paragraph 14 operates separately in itself and survives independently of the others.
17. Intellectual Property Rights
17.1 We own all copyright, trademarks, and other intellectual property rights in and relating to our SMS service (including the material that is contributed by users). You require a license from us before copying, distributing or showing in public or creating any derivative work from our SMS service or any material that is found on our SMS service.
17.2 You must only submit material to the content of our SMS service that you are fully entitled to submit.
17.3 You grant us non-exclusive, royalty-free, non-terminable licence right to copy, modify, distribute, show in public and create derivative works from that material in any form, anywhere.
17.4 You authorise us to adapt the relevant material and so waive your moral rights to object to any derogatory treatment or to be identified as the author of the material in question.
18. Other things you need to know
18.1 We may re-assign this Agreement to any person taking over the supply of our SMS service or any part of our SMS service without your prior consent by giving you notice.
18.2 We may assign the provision of our SMS service or any part of our SMS service to any other person.
18.3 If any part of this Agreement is found to be invalid or unenforceable the remainder of this Agreement shall remain valid and enforceable.
18.4 If either of us delay or fail to enforce any right under this Agreement that will not be deemed to be a waiver of that right and will not prevent that right or any other right or remedy from being exercised or enforced.
18.5 This Agreement constitutes the entire agreement between us relating to the provision of our SMS service.
18.6 A person who is not party to this Agreement has no right under the Agreements (Right of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
19. Giving notice
19.1 Any notices that either of us gives to the other under this Agreement must be done either by email or in writing and delivered by hand or sent by pre-paid post to the addressee at the following address:
i). To us: at the postal address herein.
ii) To you: at the email address or the postal address given by you at time of registration or amended thereafter.
19.2 In the case of notices sent by SMS such notices will be deemed to be received when accepted by your mobile phone network. In the case of notices sent by email such notices will be deemed to be received when capable of being accessed by you. In the case of notices sent by post such notices shall be deemed to be received on the second business day after posting. In the case of notices posted on our web site such notices will be deemed to be received when available to the public.
20. Law that applies
The provision of our SMS service and the application of this Agreement are governed by English Law and the parties hereby agree to submit to the exclusive jurisdiction of the English Courts in respect of any dispute or matter arising our of or in connection with this Agreement.