Terms and conditions

last updated on December 4th 2019

Thank you for visiting Mediumchat at www.mediumchat.com (the 'Site'). These terms and conditions (the 'Terms') are the terms upon which the Site and the Services are made available to you ('You'/‘Your').
 
By accessing and using the Site or Services You agree (You are in Agreement with Us) to be bound by these Terms. If You do not accept these Terms, do not use or access the Site.
 
These terms may change from time to time. Therefore, You should review them each time You visit the Site.
 
These Terms and Conditions are an agreement between You (the user of our Site and Services) and Paramedia UK BV, registered with the Dutch Chambers of Commerce with registration number, 71081267, owner of www.mediumchat.com, referred to as ‘Us’, ‘We’ or ‘Our’.
 
‘Readers’ are people and companies that offer their services through the websites, apps and systems of Paramedia UK BV, mostly through, but not limited to www.mediumchat.com.
 

Responsible Use

Responsible use of Our Site is encouraged. It is recommended that You read Our Responsible Use policy which can be found here.

 

Disclaimer

All content on the Site and Services offered are provided for entertainment purposes only. The content is not nor should be considered as or used in substitution of professional help.  Professional help also includes any help or advice such as legal-, financial-, medical-, or any other sort of professional advice.
 
By interacting in the Services (such as, but not limited to, a psychic reading), You fully and comprehensively understand that we do not provide recommendations, advice or give any directions for You to follow in any life choices or -thoughts. A psychic reader ('Reader'), for example, may offer a personal opinion from time to time but this does not constitute as advice nor help. A Reader will not diagnose illnesses or conditions (this includes questions regarding pregnancy and death).
 
The content of Services offered and the use of this site are merely and solely for entertainment purposes and should not be relied upon.
 
Readers are self-employed and therefore in any way not Our employees and any Services provided by a Reader to You shall be directly between You and the Reader. You and the Reader are solely responsible for the conversations during any and all Services provided by a Reader.
 
We do not refer, endorse, recommend, verify, evaluate or guarantee any Services provided by Readers. Therefore, nothing shall be considered as a referral, endorsement, recommendation or guarantee in whichever way of any Reader. We do not warrant the validity, accuracy, completeness, safety, legality, quality, or applicability of the content or anything said or written through use of words or any form of emoji’s or such by any Reader or any advice provided. We will not be liable for any damages sustained due to You relying on such information provided by any Reader.

 

Governing law and jurisdiction

These Terms are to be and will be governed by and interpreted in accordance with the laws of England and Wales (or, where this is not permitted by applicable law, the country of Your domicile). Disputes arising in connection with these Terms are subject to the exclusive jurisdiction of the courts of England and Wales unless this is not permitted by applicable law, in which case the courts in the country of Your domicile shall have exclusive jurisdiction.

 

Our legal obligations and limits on liability

-  Some of the content posted via the Site is third party content.  Therefore, We do not always have control over the contents of communications made by or between Site users and cannot be held liable for any contents of or consequences of such content. You must be aware that any content provided by any user of the Site may be incorrect or misleading.  It is Your responsibility to take caution as well as use common sense when using the Site and/ or Services and providing any information to another user of the Site.

-  The information contained on this Site and provided via the Services are for information and entertainment purposes only and do not constitute as advice. Any information on the Site or provided via the Services should be checked by Yourself and You must use Your own judgment before taking any or none action on the basis of what You see, read or hear. Any decisions made or action taken by You on the basis of information provided on or via the Site are at Your sole discretion and risk and You should  always seek individual professional advice where and when  needed or necessary.

-  The Content and Services are provided by Us with reasonable care and skill. In the case of any errors and/or admission all reasonable efforts are made to correct these as soon as possible once they have been brought to Our attention to the extent permitted by Applicable Law. In regards to Services or their Content We do not make any representation or give any warranty (whether express or implied), including, without limitation, warranties, of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose, any warranty that the Services will be uninterrupted or error free; nor do we make any warranty pertaining to the results that may be obtained from use of the Services or to the accuracy, reliability, quality or content of any information or service provided in connection with this Site, including, without limitation, any advice or help given (on a personal or general basis) and statements made by advertisers on or via the  Content or Service.

- To the extent permitted by applicable law we are not liable for:
(a) any action You may take as a result of relying on any information provided on this Site or by any Reader or for any loss or damage suffered by You as a result of you taking this action;
(b) any dealings You may or may not have with third parties (e.g. other users, Readers, advertisers or promoters) that take place using or facilitated by the Site;
(c) any liability for losses which are not a foreseeable or a likely consequence of (i) Your use of the Site, or (ii) a breach of these Terms.

- In all other circumstances, Our liability in connection with this agreement or for the Services, whether in contract or through any cause of action, even an action arising from Our own negligence or the negligence of the Reader, or fraud or fraudulent misinterpretation shall be limited in combination to the net payment to Us from to You in relation to the relevant service session. In no event will we or any Reader be liable for: any direct, indirect, special, incidental, or consequential damages arising out of or related to the use of the Site, Content or Service. Where this limitation is unenforceable, Our liability shall be limited to the maximum extent permissible under law.

- You agree to defend, indemnify and hold harmless Us and the Reader, and all of Our respective officers, directors, owners, agents, employees, interns, information providers, affiliates, licensors and licensees (collectively, ‘indemnified parties’) from and against any and all liability and costs including, without limitation, attorneys’ fees and costs, incurred by the indemnified parties in connection with any claims arising out of: (I) any breach by You of the agreement or any representations, warranties and/ or covenants contained herein or (II) Your use of the Site or Service.

- We are not responsible if You cannot access the Site properly or at all because of any event outside of Our control, for example (without limitation) the performance of Your or Our ISP, Your browser or the Internet.

- In part, the Site relies on the software programmes. Software can have bugs. Whilst we will monitor the Site and try to fix bugs We cannot guarantee that the Site or any individual feature of the Site will be free from viruses or bugs at any given time.
 
- In the case of system failure, maintenance or repair or for reasons reasonably beyond Our control access to the Services may be suspended temporarily and without notice.
 
-  We will co-operate with any regulators (including, without limitation, the Phone-paid Services Authority (the UK's premium rate services regulator)), law enforcement authorities or court order requesting or directing Us to disclose the identity of or locate any one breaching any clause in the Agreement or otherwise for the prevention or detection of crime or the apprehension or prosecution of offenders. There may be other circumstances in which We may be required by law or may exercise Our discretion to disclose information about You or Your use of this Service to such persons.
 
 

Service

We provide various entertainment services (‘Services') for You to choose to receive including the following:
- Live and interactive chat-services: We facilitate a range of live one-to-one chat services that enable You to chat with a Reader.
- Email response services: We facilitate a one-to-one response service where the responses are given by Reader and the answers are sent to You through email.
- If You are a credit card customer You are allowed a specified number of minutes to make up Your mind regarding Your choice of Reader. If, for whatever reason You are not satisfied, You are allowed to change Readers at any time up to the specified number of minutes. Please note this offer is subject to 'fair use' policy and if You are deemed to be abusing this offer we are entitled to suspend You from further use of the Services. In this instance You will be refunded the balance on Your account minus a £10 administrative charge.
- Our Refund Policy - we believe that we offer the best value Services. We want all of Our customers to be satisfied. However, we recognize that, occasionally, things don't quite go according to expectations. To provide You with confidence in using Our Readers, we are pleased to offer a refund policy as follows:
  • (i) Credit card refund or equivalent credit to Your Mediumchat.co.uk account in the event You are dissatisfied with Your reading;
  • (ii) The value of the refund will be equal to the amount paid (or where it is appropriate in certain circumstances it will be part of the amount paid) in respect of the reading for which You are dissatisfied (note promotional credits or discounts will only be applied to Your Mediumchat.co.uk account and not refunded via Your credit or debit card or any other form of permittable payment);
  • (iii) Your reading must have been less than 10 minutes in duration;
  • (iv) In order to apply for a credit, please submit a contact form within 48 hours of the commencement of the reading;
  • (v) You must provide valid details of why You were dissatisfied with Your reading;
  • (vi) A refund will only be paid once for each Reader;
  • (vii) This policy is subject to fair usage and We reserve the right to decline a refund or make a partial refund if we believe the request is not fair, genuine or valid.
  • (viii) As part of Our monitoring of refunds we reserve the right to monitor Services.
- A Reader is not authorized to disclose or receive any personal or contact information. If a Reader offers or discloses this, please notify Us immediately by completing the online form (found under www.mediumchat.com/contact/),
- Mediumchat.co.uk promotional psychic readings for new customers may be given at a reduced price to new customers who register a Mediumchat.co.uk account. This is subject to availability. This offer is available to first time chatting for those who open a Mediumchat.co.uk account for the first time. You must be over 18 years old to obtain the reading and there is a limit of one (1) chat per customer. The offer does not guarantee a reading at a specific time. Chats can be recorded for monitoring and / or improvement purposes. Bill payer's permission must be obtained before usage of Services. Mediumchat.co.uk Readings cannot be transferred to third party accounts and cannot be redeemed for any other service, product or offer. This offer is not open to Mediumchat.co.uk employees, suppliers or partners.
- We may modify any of the Services at any time in order to take into account any changes in law and to provide You with new Services. Any such changes will be displayed on the Site and We shall also notify You of such changes via email.
- Prices are for a single reading up to the quoted number of minutes. Refunds or carry forwards for unused minutes do not apply.
 
 

Copyright/ copyright license

- You may not use the Service, this Site or any part(s) thereof for any purpose other than for Your own personal use nor for any commercial purpose including, without limitation, leaving or distributing advertisements or promotions or offering, either directly or indirectly, services or goods for sale.
- Your use of the Service, this Site and their contents grants no rights to You in relation to Our intellectual property rights including, without limitation, trademarks, logos, graphics, photographs, animations, videos and text or the intellectual property of third parties in this Site and its contents or comprised in any of the Services.
- You may not, without limitation, copy, reproduce, republish, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the Site and its contents, the Services or any part(s) thereof.
- Any use other than that permitted under this clause 3 may only be undertaken with Our prior express authorization.
 
 

Registration

- You must be 18 years old or older to register and submit material (e.g. quality assessments and feedback on Readers) to the Site.
- Only one registration per person is allowed. You must keep Your registration information up to date.
- You must keep Your password confidential.
- You must not:
  • (i) impersonate or try to impersonate another person;
  • (ii) disclose Your password to anyone else;
  • (iii) allow anyone else use Your account;
  • (iv) use anyone else's account.
- You are responsible for everything done using Your account. If You think that someone else may have access to, or is using, Your password or account, You must inform Us as soon as possible by completing the online form (found under www.mediumchat.com/contact/.
 
 

Suspending or terminating your registration

- You must be 18 years of age or over to register on this Site or use any of the Services. If We discover or suspect that You are not 18 years or older then We may ban or terminate Your access to the Service without notice.
-  We may suspend, terminate or prevent Your registration at our sole discretion. This may be because, for example, we consider that You have breached or will breach these Terms or someone has reported abuse. However, we are not obliged to take such action, it is under discretion of Our decision.
- Where We suspend, terminate or prevent Your registration, You must not attempt to re-register or submit content (e.g. using someone else's registration), without Our permission. The period of any suspension depends on the circumstances.
 

Fees and payments

- The fees for the Services that You purchase through the Site will be stated on the Site after You log in to Your account. We may in Our absolute discretion choose to amend these from time to time.
- You agree that You will pay for any Services which You use on the Site by credit or debit card ("credit card") or any other form of permittable payment. You are ultimately responsible for the timely payment of all fees relating to any of the Services and for providing Us with a valid payment information for payment of all fees. All fees will be billed to the permittable form of payment You designated during the registration process. If You want to designate a different payment form or if there is a change in Your payment form status, You must change Your information online in the Mediumchat.co.uk account section on the Site.
- The fees payable for the relevant Service will include the price for that Services plus any applicable taxes in effect on the day You receive or participate in that Service. You have five (5) working days to inform Us if You wish to cancel any ordered Service. On receiving notification of Your desire to cancel, and only if You have not used the Service within those five (5) working days, then We  will agree to refund You all payment made for that Service within 5 days. If You have used the Service but the full value of the Service You have paid for has not been used we will refund the amount of value remaining within 5 workings days.
- Credit card charges are processed by third party processors who process payments securely. In the event You choose to make a payment from Our Site, You will be re-directed to the appropriate third-party successor's website where the payments shall be processed.
- For any help or assistance with payment for the Services please contact Us by completing the online form (found under www.mediumchat.com/contact/).

 

Your use of the site/ visitor material and conduct

- You may view (and, where applicable) listen to the content available on the Site for personal non-commercial use. You may occasionally print individual webpages on the Site for Your private non-commercial use, provided that such printing is not substantial or systematic and Our trademarks and copyright and trade mark notices are not removed.
- Unless otherwise stated in these Terms, You must not (whether directly or indirectly) copy, download, store, make available, distribute, link, sell or offer to sell all or any part of the content or Site, or download or otherwise copy (whether directly or indirectly) any content, files or data from the Site to make or populate a database or publication of any kind whatsoever.
- You must not use all or any part of Our Site or the contents on it for any commercial purposes.
- You agree that in using the Service and Site You will not:
  • use the Service or Site in any way that may lead to the encouragement, procurement or carrying out of any criminal activity;
  • use the Service or Site for any purpose other than Your personal use, in any way that may reasonably be deemed unfair usage;
  • leave any content or act in any manner which is defamatory, in breach of copyright or may have the effect of harassing, offending, threatening, abusive or hateful or that otherwise degrades or intimidates an individual or group of individuals on the basis of religions, gender, sexual orientation, race, ethnicity, age or disability, or that is illegal;
  • record or disclose personal data regarding another user of the Site or person including, without limitation, their email, address or other contact details that would enable another user of the Site to contact them without their express consent; or
  • use the Service or Site to engage in discussion of any subject that is illegal or grossly offensive.
- Please note that We may, for training purposes and to investigate any complaints at Our discretion monitor or record calls or messages for the purpose of ensuring compliance with these Terms.
 
 

Your content  -  what we are permitted to do

- We may publish, check, edit or remove all or part of the comments or other material, including Your name, town and country, which You submit to Us ('Your Content'), at Our sole discretion. We are not obliged to do any of these things and We may not.
- You retain any copyright you may have in Your Content. By submitting material to Us, You grant Us a royalty-free, perpetual, irrevocable, non-exclusive worldwide license to use, copy, edit, adapt, publish, translate, create derivative works from, make available, communicate and distribute Your Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. By submitting Your Content, You warrant that You have the right to grant this license. The license is capable of sub-license by Us to other entities and brands in Our group of companies.
- To the extent permitted by law, You waive Your moral rights (e.g. the right to be identified as author or to object to derogatory treatment) in Your Content.
This clause means, for example (without limitation), that We can:
  • Continue to publish all or part of Your Content, including Your name, town and country, even if You change Your mind and want Us to remove it and/or You are no longer registered with the Site;
  • Remove Your Content, even if You have not breached these Terms.
  • Use all or part of Your Content in promoting Our products and services.
  • Edit Your Content, which may result in a part of it being modified and displayed, including without Your name. Please note that We do not check, monitor, moderate or even see all the comments and other material submitted to Us.

 

Your content – what you are not permitted to

- You must not submit any material to Our Site that:
  • is:
    • (i) defamatory, malicious, threatening, false, misleading, offensive, abusive, discriminatory, harassing, blasphemous or racist,
    • (ii) indecent, obscene or of a sexual nature,
    • (iii) a breach of confidentiality or someone's privacy;
  • could prejudice any active legal proceedings of which You are aware;
  • is likely to:
    • (i) cause someone alarm, anxiety or distress;
    • (ii) encourage violence or racial or religious hatred;
  • infringes any intellectual property rights, such as copyright and trademarks. In general this means that You must own the rights in everything You submit or must obtain permission from the rights owner to submit the material;
  • is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct);
  • advertises any product or services;
  • impersonates anyone else or otherwise misrepresents Your identity, affiliation or status;
  • is in breach of these Terms and/or Our Privacy Policy (privacy policy),
  • is, encourages or teaches conduct that is a criminal offence, gives rise to civil liability, or is otherwise unlawful;
    • You must not include links on the Site to any websites or webpages.
    • You must not try to get around any protections we put in place for the security and operation of the Site.
    • You must not re-submit content of which You are aware that is has been removed.
 
  • We reserve the right to suspend, restrict or terminate Your access to the Site and/or Services at any time without notice at Our discretion when You are or We suspect that You may be in breach of these Terms.
 

Your personal information

We will use Your personal information in accordance with Our Privacy Policy. Our Privacy Policy forms part of these Terms and is deemed by the reference in these Terms to be incorporated.
 
 

Maintenance of the Site

- Making Your use of the Site enjoyable means we need to fix bugs, install updates and perform general diagnosis and maintenance of the Site. We will try to perform scheduled maintenance during times when we anticipate that online use is lower than normal as to minimize anything which may hinder the use of Our Site as much as possible.
- We also need to be able to perform emergency maintenance and/or suspend access to the servers where, in Our reasonable discretion, we see the need to do that. We aim to have the Site available again as soon as we find it is safe to do so.
 
 

Changes to these terms

We are constantly looking for new ways to improve Our Services and to enhance Your experience. Therefore we reserve the right to amend these Terms at any time. All such changes will take effect once they have been posted on Our website and You will be deemed to have accepted any such changes by Your use of this Website from such time.

 

Severance

Each provision of these Terms shall be constructed separately and independently of each other and the invalidity of any one part shall not affect the validity of any other part. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
 

General

- This Agreement sets forth the entire understanding and agreement between Us and You with respect to the subject matter hereof. Please note that prices as advertised in the press and generally may be subject to change and therefore it is important that You review these Terms and the Website before using the Service to ensure that You are aware of the latest charges that will apply. All such changes will take effect once they have been posted on Our Site and You will be deemed to have accepted any such changes when You next choose to use the Service.
- These Terms are only available in the English language.
 

Contacting Us

Please submit any questions You have about these Terms or any problems concerning the Site by completing the online form (found under contact/).