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Terms & Conditions

The terms and conditions apply to all use of the www.smilentalk.com website. In these terms, the following words mean:

Website - www.smilentalk.com or any other URL through which access to the same is gained

You / Your - any Visitor or Member who uses the Website

Us / Our – Unitalk Ltd  the owner and operator of the Website

Visitor - any person who views the Website without inputting any information or details and subscribing as a Member

 

Member - a person or family who has completed the membership sign-up formalities, which has been accepted by Us and to whom username and password access to the Website has been granted by Us for access to features on the Website additional to a Visitor.

Refund Policy

 

  1. If You register as a Member of the Website, You accept that You are entering into a contract with Us on these Terms and Conditions. Visitors to the Website who do not register to become a Member similarly affirm that they are bound by these Terms each time they access the Website.
  2. You agree at all times to abide by the terms of Our House Rules which form part of these Terms.
  3. Our Privacy Policy forms part of these Terms, and by becoming a Member You also give Your consent to the way We may handle Your personal data as detailed in that policy. Whilst we shall use all reasonable endeavour to ensure that only other Members will have access to the information a Member uploads onto the Website, You acknowledge that given the global nature of the internet, any posting that You make on the Website (and any personal information therein) is potentially accessible to internet users around the world.
  4. We reserve the right to change these Terms and our House Rules from time to time and to notify You of the same by a notice on the homepage of the Website or to the email address that You provide Us when you become a Member. Any change made shall be effective immediately upon notification on the Website and You agree to be bound by any revised Terms or House Rules from that point.
  5. As a Member, you agree that we will provide Member level access to the Website immediately upon receipt by Us of your Application.
  6. You agree when you click "I accept" on the Website to form any contract with Us the only record of such contract will be an electronic file maintained by Us which shall not contain a copy of these Terms. We will retain archive copies of these Terms as amended from time to time.
  7. You undertake to register as Member using accurate and current information in relevant fields.
  8. If You become a Member You will ensure that the E-mail address We hold for you at any time is up to date and that You are able to access it. If your E-mail address changes, You the Member will contact US to inform us of the change.
  9. In the case of a family Membership, We will provide user-name and password access for all named Members at registration however all communication from Us will be sent to the Email Address of the person named and parent or guardian Member.
  10. We expect and rely upon parent or guardian Members to provide adequate and proper supervision of all Members under the age of 16 in their use of the Website.
  11. You agree that the service We provide is solely a forum where Members may interact via various chat-rooms, newsgroups, bulletin boards and online social networking facilities and subject always to Our House Rules.
  12. Save as above We will not facilitate the provision to or exchange of any personal information or arrange contact between Members in any way. As a Member You agree that the decision to provide any personal information of any sort about Yourself on the Website lies solely with You
  13. The Website is not for dating or to facilitate any intimate personal relationships and such use may be in breach of Our House Rules. We reserve the right to immediately suspend or terminate any Member who we suspect or is alleged to be using the Website for any other primary purpose other than as a social interaction forum.
  14. You agree that the service We provide is solely a venue or forum where Members may submit or upload information chosen by them about themselves which is accessible on the Website. You acknowledge that no warranty is given that Your information will be of interest to any other person and that We are unable to check or ensure that any information provided by Members is genuine or accurate.
  15. Save as above We will not facilitate the provision or exchange of any personal information between Members in any way. You agree that the decision to pass Your personal information to or meet in person with any other Member or other person (whether by way of the Website or otherwise) lies solely with You. We recommend strongly that You read and follow our Safety Tips prior to passing any of Your personal information and in particular before meeting any person.
  16. You agree that We are not liable in anyway whatsoever for any loss, injury or damage caused in any meeting between You and any other person arising from Your use of the Website or in any activities undertaken by You in any such meeting.
  17. You are solely responsible for all use of the Website on Your Member account and You will not divulge to any other person any password or other access validation information for the Website or otherwise allow any third party to access those parts of the Website restricted to Members. It is Your responsibility to change Your password immediately if You believe that any such information has become known to any other person.
  18. You will not circumvent or attempt to circumvent Our user authentication, security nor interfere or attack any account server or part of Our network (known as "Hacking")
  19. You agree that We may monitor all use of the Website by Visitors and Members and are entitled to retain records of all use which we shall only deal with in accordance with our Privacy Policy. We may withdraw any material posted on the Website by Members which in Our sole opinion is a breach of these Terms or Our House Rules or may bring Us or the Website into disrepute.
  20. We may deny access to the Website from known IP address blocks which We reasonably believe have been utilised to breach these Terms or the House Rules. We will report illegal activities conducted via the Website to the appropriate authorities, police or governing bodies in any jurisdiction in which such activity has taken place.
  21. You agree that all copyright, trade marks and trade names, and other intellectual property rights relating to the content and method of operation of the Website (other than material which is contributed by subscribers or Members) are Our property.
  22. You will not reproduce Our logo or make a hyperlink to the Website from any other website without Our prior consent
  23. Whenever a submission is made to the Website by a Member, You agree that:
    • a. it is Your responsibility to ensure that its contents do not breach the copyright or other intellectual property of any other person and We are entitled to rely upon Your representation in making the submission that You are properly entitled to do so;
    • b. we will acquire a non-exclusive, royalty-free, irrevocable licence to copy, modify, distribute, show in public and create derivative works from that material on the Website provided that We shall always deal with such a submission in accordance with these Terms and our Privacy Policy; and
    • c. we may adapt the relevant material submitted and You therefore waive Your moral rights to object to any derogatory treatment or to be identified as the author of the material submitted.
  24. Under no circumstances shall we be liable to You for any indirect or consequential losses or damage including loss of revenue, profits or business or loss of data howsoever caused (including by negligence or breach of contract) as a result of Your use of the Website or any activities undertaken as a Member.
  25. Whilst We will always endeavour to ensure that the Website is available and accessible operates smoothly, there may be times when the Website or any of its features or functions are unavailable or disrupted for maintenance or modifications. We reserve the right to alter, add to or remove any of the features or functions of the Website.
  26. Our total maximum liability to You in any circumstances not excluded by these Terms shall be the refund of any Membership Fee (if applicable) paid by You in the 12 months preceding the date that any such liability arises.
  27. You agree that any claim relating to Your use of the Website which You may bring must be notified to Us as soon as You becoming aware of it and any court action must be commenced within 12 months of you becoming aware of it. You agree that this is a reasonable variation to the limitation period provided for in the Limitation Act 1980.
  28. Nothing in the exclusions and limitations in these Terms shall act to limit Our liability for death or personal injury resulting from Our negligence.
  29. You agree to indemnify Us against all liabilities, losses, claims, penalties and expenses (including legal fees) that may be incurred by Us from any breach of these Terms or our House Rules by You or any person accessing the Website on your Membership account.
  30. We reserve the right to assign or subcontract Our performance of any contract made with You under these Terms. Your subscription or membership is personal to You and You and you may not assign or dispose of it to any other person.
  31. No person other than a person who is bound by these Terms has any right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any of these Terms.
  32. If any of these Terms are held by a court of competent jurisdiction to be invalid or unenforceable such Term shall be interpreted as amended to such extent as to allow it to be valid and enforceable and consistent with the intentions set out in these Terms. In any event the remainder of these Terms shall remain valid and enforceable.
  33. Should we be alerted to a moderation in which you, the user is involved - I give permission to agree for you to access my account.
  34. These Terms and any contract made between Us and You shall be governed by and construed in accordance with the laws of England and Wales.

 

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