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Terms of Use

HappyTalk Ltd. ("HappyTalk") Terms for use of the HappyTalk website at happytalk.eu (the "HappyTalk website")

Terms effective from Friday, 21st September 2007

What we provide

  1. These Terms apply to your use of the HappyTalk website and the services available from it.
  2. Sometimes, we will need to change the terms and conditions for use of the HappyTalk website and the services available from it. We will publish details of all changes online at www.happytalk.eu.

The Services

  1. Through the HappyTalk website, HappyTalk Ltd. makes available to you a range of capabilities together with access to the HappyTalk website forums (collectively, the "Services"). You must register before you are able to access the Services, which are subject to these Terms.

Use of the Services

  1. Using the Services
  2. You must not use the Services or allow the Services to be used:
    1. in any way which is unlawful or in contravention of any licence, third party rights, or in contravention of our Acceptable Use Policy This is located at www.happytalk.eu and may be amended from time to time;
    2. to send offensive, indecent, menacing, nuisance or hoax messages or to cause annoyance, inconvenience or needless anxiety;
    3. to send, knowingly receive, upload, download, or use any material which is offensive, abusive, incident, defamatory, obscene or menacing; or
    4. in any way which we reasonably think is, or is likely to be, detrimental to the provision of the Services to you or any of our customers.
    5. to make voice calls or conference calls to or from non-verbal participants, such as faxes and pagers, or automated answering services or information provision services
    6. to make voice calls or conference calls to or from satellite comunications and personal numbering systems
    7. to make voice calls or conference calls to or from emergency services
    8. to make voice calls or conference calls to or from premium rated numbers
    9. to make voice calls or conference calls to or from numbers associated with or for fraudulent or illegal purposes
  3. We take any misuse described above very seriously, and you agree to take all reasonable steps to make sure that it does not happen.
  4. Registered users are responsible for the security and proper use of any user IDs, passwords required to use the Services, if any, and must take all necessary steps to ensure that they are kept confidential, secure, used properly and not disclosed to unauthorised people.

Other things we may need to do

  1. Occasionally, for operational reasons we may have to:
    1. interrupt access to the Services and if we do so, we will restore them as quickly as we can;
    2. make changes to certain technical specifications, including data-transfer limits and usage limits associated with the Services;
    3. add items to and remove items from the library of Services that you can access through the HappyTalk website; and
    4. occasionally give you instructions which we may believe are necessary to safeguard the security or quality of the Services.

Our responsibility to you

  1. We cannot guarantee that the HappyTalk website and the Services will always be available or that the Services will never be faulty.
  2. You acknowledge that the Services are in development and so TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW in no event will HappyTalk Ltd. be liable for any loss or damage whatsoever whether direct, indirect or consequential (including, without limitation, damages for loss of data, loss of revenue or anticipated profits, business interruption, loss of business, loss of business information, loss of opportunity or any other pecuniary loss) arising out of the use, or inability to use the Services, even if HappyTalk Ltd. has been advised of the possibility of such losses or damages.

Matters beyond our reasonable control

  1. Sometimes we may be unable to do what we have agreed because of something beyond our reasonable control. In these cases, we do not accept responsibility for what has happened.

Ending or suspending the HappyTalk website and/or Services

  1. We may suspend or end the availability of the Services, or remove the HappyTalk website at any time without notice. If we suspend the Services or end the agreement for the Services, we will tell you if you need to do anything before we reinstate it. We do not warrant that any reinstatement will occur. We reserve the right to terminate your use of the services at any time.

Modifications to this Agreement

  1. HappyTalk Ltd. reserves the right to change the terms and conditions of this Agreement, by posting a revised version of the Agreement at Terms of Service.
    1. Use of the Services signifies the Subscriber's agreement to all terms, conditions, rates, and notices contained or referenced herein. Continued use of any part of the Services following the posting of any changes to this Agreement constitutes acceptance of those changes, and all changes shall thereupon become binding upon the Subscriber.
    2. If the Subscriber does not agree to the changes, the Subscriber shall immediately cease all use of the Services.

Other things we need to tell you

  1. You accept that the agreement for the Services is personal to you and agree not to transfer it to anyone else, or to try to do so. However, we may take instructions from a person who we think, with good reason, is acting with your permission.
  2. We are not responsible for any links to third party websites (or the content of those websites) which may be available from the HappyTalk website from time to time.
  3. During registration and at other times we may need to use your personal details. Please see our Privacy Policy at HappyTalk for further details. When we need to contact you, we will use your address, email address, mobile or fixed phone number. Please contact us at HappyTalk.eu or any other (email) address or phone number we have given to you for that purpose.
  4. You will indemnify us in full from and against all claims, actions, damages, proceedings, demands, losses, and reasonable costs and expenses incurred by us arising out of your use of any of the Services in breach of this agreement.
  5. These Terms are governed by English law and HappyTalk Ltd and you submit to the exclusive jurisdiction of the English courts.
HappyTalk Ltd
Newton St Margarets
Hereford
HR2 0QG
Registered in England and Wales No. 6387269


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