Terms & Conditions

Terms and Conditions for Phone and Text/SMS Readings (for Instant Messenger T&C's please scroll down)
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 Pure Predictions Ltd, and can be contacted at PO BOX 679 Great Shelford CB22 5WN. References to "us," "we" and "our" in these terms and conditions relate to Pure Predictions.

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 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@purepredictions.com

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 provide your 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, Pure Predictions, PO BOX 679 Great Shelford CB22 5WN.

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 Psychic Messenger 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 Psychic Messenger.

15.4 You will be deemed to have accepted any alteration or amendment to Psychic Messenger or this Agreement if you continue to use Psychic Messenger 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 not 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.

Terms and Conditions for Instant Messenger

All Users must read the Terms and Conditions set out below before accessing and using this service. By accessing and using this Service you agree to be bound by the Terms and Conditions set out below. If you do not wish to be bound by these Terms and Conditions you should not access or use the service.

1. Definitions 

means any and all material disclosed by the User. 'Information' means any and all material contained in this Service which is delivered by or on behalf of Social Media Technologies, or any associates thereof. 'User' means you, the Service User. 'Service' means this Service. 

2. Rights
Rights The Information contained on this Service is owned by Social Media Technologies and licensed and authorised to Social Media Technologies, its associates, assignees, licensees or sub-licensees thereof ('Social Media Technologies') as applicable. The copyright in the text, artwork, graphics and images on the Service is owned by Social Media Technologies, except where attributed to an alternative source. 

3. Warranties 
The User undertakes: (a) that it will only view the Information for its own private purpose and it will not publish, reproduce, store or retransmit any of the Information contained in the Service; (b) Acknowledges and understands the exclusion of liability and disclaimer provisions contained in Clause 4; (c) Not to use the Information or the Disclosed Information for any unlawful or unauthorised purpose; (d) that it shall not use or interfere with the Service, the Information or the Disclosed Information other than in accordance with this Agreement and without limitation in such a way so that all or part of the Service, the Information or the Disclosed Information is or could be interrupted, reproduced, stored, retransmitted, published, damaged, rendered less efficient, corrupted or in anyway impaired; (e) Not to use the Service, the Information or the Disclosed Information in any manner which constitutes an infringement of any third party rights (including but not limited to rights of copyright trade mark or confidentiality); (f) That it shall not use the Service to transmit any material for the purposes of publicity, promotion and/or advertising without the prior written consent of Social Media Technologies; (g) That in the event it has any right, claim, or action against any other User or other third party arising out of the use of the Service it shall pursue such right, claim or action independently of and without recourse to Social Media Technologies; (h) that all intellectual property rights (including without limitation copyright, trade marks and all other rights) whatsoever in the Information and the Service shall remain vested in Social Media Technologies at all times; (i) and acknowledges that Social Media Technologies has no obligation to provide the Service or any Information or to ensure the User is able to use provide and/or access the Information, the Disclosed Information and the Service; (j) to indemnify and keep indemnified Social Media Technologies against all claims, liabilities, damages, costs and expenses including legal fees (on a solicitor and own client basis) arising out of any breach or misuse of the Information, the Disclosed Information, the Service or of the User's obligations under this Agreement. 

4. Exclusion of Liability/Disclaimer 
Social Media Technologies provides the Service and the Information on an 'as is' basis and makes no warranty or representation about the availability, completeness, accuracy, satisfactory quality, merchantability and/or fitness of the same for a particular purpose. 4.1 The advertisers and the advertisements have not been checked by Social Media Technologies and any information submitted or any reliance placed on the same is entirely at the risk of the User. 4.2 Further, Social Media Technologies makes no warranty or representation about; (a) the reliability or technical efficiency of the Service; (b) the security measures (if any) contained in the Service and in particular the protection afforded to any Information, Disclosed Information or other information and data; (c) the suitability of the advertisements on the Service or the other Services (by hyperlink or otherwise) which may be accessible from the Service; and (d) all third party content accessible by hyperlink or otherwise on or from the Service. 4.3 Social Media Technologies excludes all liability (so far as is permitted by law) in respect of; (a) any advertisements or other Services which can be accessed via the Service (by hyperlink or otherwise); (b) any opinions and expressions made by third parties which can be accessed via the Service or which are contained in the Information and the Disclosed Information; (c) any damage to the User, the Users' computer hardware, software or other material or equipment resulting from the User accessing or using the Service, the Information or the Disclosed Information. 4.4 This is an entertainment service and may at times be operated by ‘friends of’ the presenters or models. 4.5 Free promotional messages may be sent out from time to time. 

5. Termination 
Social Media Technologies shall have the right to terminate this Agreement and/or suspend or terminate the Information, the Disclosed Information and the Service immediately and without notice to the User. In the event of termination or suspension the warranties and obligations of the User shall continue to apply beyond the lifetime of this Agreement. 

6. Data 
The User expressly agrees that by accessing the Service he/she agrees that any Disclosed Information, Information or other data including without limitation the User's name, address, location and other relevant information relating to the User can be used by Social Media Technologies for those purposes expressly set out in the Service. Please note that Social Media Technologies may use the Disclosed Information for other specific purposes in the event that the User opts-in, via the registration pages, to such use. Social Media Technologies will only process personal data and sensitive personal data in accordance with data protection laws. Please see section 14 for our Privacy Policy. 

7. Amendments to Terms and Conditions 
Social Media Technologies reserves the right to change and amend these Terms and Conditions at any time. The User's continued use or access of the Service after such change or amendment shall be deemed to confirm the User's acceptance of any such change or amendment. It is the User's responsibility to check these Terms and Conditions regularly to determine whether any such amendment has been made. If the User does not wish to be bound by any revised Terms and Conditions it should stop using and accessing the Service. 

8. Confidentiality 
The User undertakes with Social Media Technologies that it will treat as confidential the terms of this Agreement together with all information (including without limitation the Disclosed Information and the Information) whether of a technical or commercial nature or otherwise relating in any manner to the business or affairs of Social Media Technologies as may be communicated to it hereunder or otherwise in connection with this Agreement (including without limitation in connection with accessing the Service, the Information and the Disclosed Information) and will not disclose such information to any person firm or company (other than to its auditors and other professional advisers and as part of its normal reporting or review procedure to its parent company or the shareholders in its parent company as the case may be) or to the media and will not use such information other than for purposes of this Agreement subject always to any prior specific authorisation in writing by MessageMeUp of such disclosure or use. This obligation shall endure beyond the termination of this Agreement without limit in point in time except and until any confidential information enters the public domain otherwise than through default of the party receiving the same. 

9. Severability 
If any provision of this Agreement shall be prohibited by or adjudged by a court to be unlawful void or unenforceable such provision shall to the extent required be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement and shall not in any way affect any other circumstances or the validity or enforcement of this Agreement. 

10. No Waiver 
No failure or delay on the part of any of the parties to this Agreement relating to the exercise of any right, power, privilege or remedy provided under this Agreement shall operate as a waiver of such right power privilege or remedy or as a waiver of any preceding or succeeding breach by the other party to this Agreement. 

11. Assignment 
Social Media Technologies may freely charge, licence, transfer, assign or otherwise dispose of any of its rights or obligations hereunder. The User shall not be entitled to charge license transfer assign or otherwise dispose of any of its rights or obligations hereunder without the prior written consent from Social Media Technologies. 

12. Entire Agreement 
This Agreement contains the full and complete understanding between the parties and supersedes all prior arrangements and understandings whether written or oral appertaining to the subject matter of this Agreement and may not be varied except by an instrument in writing signed by all of the parties to this Agreement. 

13. Jurisdiction 
This Agreement shall be governed by and construed in accordance with the laws of England & Wales, the Courts of which shall alone be the Courts of competent jurisdiction. 

14. Privacy Statement 
The following discloses our information gathering and dissemination practices for this service. We will never give any information about our customers to a third party, unless in receipt of a formal request from a law enforcement or regulatory authority, and will do so in support of their requirement to ensure laws and regulations are upheld and enforced. We may send you free promotional messages from time to time. 

15. Security 
This site has security measures in place to protect the loss, misuse and alteration of the information under our control. 

16. Refund Policy 
Due to the nature of the service we do not offer a refund once you have gained access to the service. Social Media Technologies has made this technology available to third party service providers. It is therefore the responsibility of the individual service provider to offer a refund in the event that you are unable to access the service after payment has been taken. 

17. Service Costs 
This service utilises Credit Card (CC) only as a billing method. The cost for this service is as follows: CC – GBP  5.00 for 5 message credits. When all prepaid message credits have been used, and chat is continued by the User, this service will automatically re-bill the user. The re-bill will be actioned at the same rate as the previous message batch purchased. In the event of difficulties with this service, please contact our Customer Services team on help@messagemeup.com 

18. Credit Usage 
Credit charges are as follows: 1 Credit for each message sent by the user 

19. Company Details 
Social Media Technologies. Customer Services: help@messagemeup.com or 0844 815 0719 Normal office hours apply.