TheTrustCall.com: Terms and Conditions
(last updated on January 4th, 2016)
1. GENERAL INFORMATION
1.1. Information about us: TheTrustCall is a services platform that allows its users to interact on a range of subject areas including but not limited to astrology, tarot and various other consultancy services. Users can access TheTrustCall through its website or via telephony services for retrieving content, information and other services. TheTrustCall is operated by Bright Tech Technology Limited, a company registered in Hong Kong with certificate number 61116288-000-03-13-6 whose registered office is at Suite 2512 Langham Place Office Tower 8 Argyle Street, Mong Kok, Hong Kong (referred to herein as "We", "Us" or "Ours").
These Terms and Conditions (together with any other schedules, appendices or exhibits incorporated by reference and links in these Terms and Conditions, collectively referred to herein as "Terms") set out the rules which apply to services that We make available to Users (referred to herein as "You", "Your" or "Yours"). You should read these Terms carefully as, amongst other things, they clarify the limitations on the liability of Us to You and govern the agreement between You and Us. If you do not agree to these terms you must not use this website and/or TheTrustCall.
If You have any questions, complaints or comments on this Website and/or Services You may contact Us at firstname.lastname@example.org or via telephone in Hong Kong SAR on +852 5614-5631. We reply in at least two working days.
1.2. Defined Terms: Words set out in these Terms starting with capital letters have the meanings as ascribed below:
“Connection” means the establishment of contact between You and a Reader by Us via telephone or Internet or other means of communications in delivering TheTrustCall’s Service(s);
“Content” means information created by a Reader or TheTrustCall and provided in voice, data or any other form of media made available on the Website, via telephone or other means of communications as information and forming part of the Service(s) as defined herein;
“Customer” means a user who uses the Services for the purposes of receiving information in means of Content or Connections;
“Fee” means the costs notified to You prior to using the Services either by telephone information or message (if You choose to receive Services by telephone) or online (If You choose to receive Services online) and charged to You for the use of Services;
"IPR" means intellectual property rights which include, but are not limited to copyright, registered designs, patents, trademarks, service marks, design rights (whether registered or unregistered) semiconductor rights, database rights, trade secrets, rights of confidence and all other similar rights (including applications for the registration of any of the foregoing rights) and all other renewals and extensions thereof in any part of the world;
“Rating” means the method by which You may provide feedback on individual Readers via a star-rating system. Such ratings may be viewed by other Users;
“Reader” means a user of TheTrustCall who provides Content and offers information, readings, and other Services to Customers and/or for display on the Website;
"Services" means the services and content provided by TheTrustCall which include, but are not limited to Connection via Telephone or Internet;
“User” means both Readers and Customers;
"Website" means TheTrustCall online-platform which is accessible via www.TheTrustCall.com.
1.4. Changes to Our Terms: We reserve the right to review and revise Our Terms and Conditions from time to time. All such changes will take effect as soon as they are posted on this Website and You will be deemed to have accepted any such changes by Your use of the Website and/or the Services subsequent to any revision of Our Terms. Therefore You should check this Website from time to time to review the current Terms because they are binding on You.
2.2. Cancellation: You acknowledge and agree that TheTrustCall may stop (permanently or temporarily) providing the Services (or any features within the Services) to you at TheTrustCall’s sole discretion, without prior notice.
2.3. Preferences: The TheTrustCall Account offers you the opportunity to obtain further TheTrustCall Services which become associated with your TheTrustCall Account. Therefore, we encourage you to tell us what your membership preferences are for your registration of TheTrustCall Site.
3. THE SERVICES
3.1. Scope of services: Any and all Content, Service(s) and information is provided as entertainment services only and do not in any way constitute legal, financial, medical or any sort of professional counselling. By engaging in Services rendered by Readers or reading the Content on this Website, You understand that We do not provide recommendations, counselling or give any directions for You to follow. A Reader, for example, may from time to time offer a personal opinion but this does not constitute consultation, may it be legal, financial, medical or any sort of professional counselling. The content of the Services and the use of this Website are merely for reference purposes and must not substitute professional counselling of the abovementioned kind.
3.2. Connections: We shall present Readers to Customers through the Service in a suitable manner and, at the request of a Customer, We shall establish contact between the Customer and Reader via a telephone or the Internet or other means of communications. Please note that Connections depend on the personal and technical availability of Your chosen Reader and of the Service requested by You. Nothing in these Terms shall constitute a warranty from Us that each and every Service, Content and/or Reader shall be available at all times
3.3. Ratings: Customers may submit Ratings in respect of individual Readers. We reserve the right to edit and delete Ratings where we consider it to be advisable or necessary, in particular with regard to obscene, pornographic, threatening, malicious, deceptive, harmful, abusive, defamatory, intimidating, discriminatory or derogatory comments.
3.4. Modifications of the Service: We reserve the right to review, revise, modify, improve or discontinue our Service from time to time without giving You prior notice. Such content-related and technical reviews and any maintenance work in relation thereto may include, without limitation, the extension or modification of the subject areas made available through the Website and the adaptation of the technical formats comprising the Services. Access to TheTrustCall and its Service may therefore be suspended temporarily and without notice in the case of system failure, maintenance, review or repair or for reasons reasonably beyond Our control. We shall not be liable if for any reason the Website and/or Service(s) are unavailable.
3.5. Reasonable Use of Our Services: Use of Our Services incurs Fees (as described herein) which will lead to costs being charged to Your PayPal, credit/debit card and/or to Your telephone bill or can be wired through ATM transfer. Such costs might exceed the average amount billed to the accounts of Your credit/debit card and/or Your telephone bill, particularly if You use Our Services for a prolonged period. It is Your responsibility to use Our Services only to the extent reasonable in the context of your personal circumstances. Please be mindful about the Fees You incur and monitor their accumulation. If You think you need to seize control over Your calling habits You should contact Your telephone service provider who may be able to block calls to certain special rate numbers being made from Your phone.
4.1. Customers are charged Fees for the use of the Services which is billed in 60 second intervals. The calculation starts from the successful placement of a reader. We will notify the relevant Fee to you prior to the provision of the Service. This Fee includes TheTrustCall’s fee for the Connection and other, the rate for the chosen Reader and VAT, where applicable. We reserve the right to modify Fees and We shall notify You of Our current pricing or price changes on the Website or by phone prior to You accessing the Services.
4.2. We shall charge the Fees except for PRN (as to which see paragraph c below) after each call to Your registered credit/debit card and it is Your responsibility to notify Us immediately of any change to these details. You will be liable for any costs incurred by charge backs, delays and untimely or incorrect notification pertaining to Your credit card/debit card.
4.3. Our Services have the following Fee structure:
4.3.1. Per-minute calls: Prices (as notified to You by voice message before Connection and are billed in 60 second intervals) are per minute and include VAT, where applicable. The charge for Your call is calculated at the end of the call and is automatically charged to Your PayPal account or credit/debit card or can be wired through ATM transfer.
4.3.2. Package calls: Prices are per package and include VAT, where applicable. The applicable Fee is usually charged to Your PayPal account or credit/debit card on booking the reading. Additional per-minute charges may apply if You choose to extend the call beyond the duration of the package.
4.3.3. Premium-rate-number (PRN): Prices are per minute and charged by Your service provider to your telephone bill. Rates from Your service provider may differ from Our Fees. We accept no responsibility for the level of such rates.
4.4. In the event you believe that we have charged you in error you must contact us within 90 days after such charge. No refunds will be given for any erred charges which are more than 90 days old.
4.5. TheTrustCall reserves the right to stop accepting debit or credit cards from one or more issuers
5.1. Payment for our TheTrustCall Services are predominately effected through member’s credit / debit cards, which processing involves further the card’s Issuing Bank, Acquiring Bank and the ultimate Card company. A chargeback claim will necessarily entail substantial amount of time & efforts in the factual investigation process by all parties concerned.
5.2. We recognize that there may be justifications with certain chargeback claims but equally there are ones wholly without merit, sometimes to the point of being malicious or fraudulent. Fraudulent claim is a criminal offence for which we reserve the right to complain and invoke prosecution by law enforcement agencies, during which process we will provide details of the complainant’s personal information, card authentication details, record of communication related to our Services or other users, members.
5.3. As a matter of compensation for our efforts in investigating the claim, you hereby agree that should your claim be found fraudulent or malicious, you will pay us an amount by all relevant disbursements paid by us to third parties; HK$1,2500.00 per month from the commencement to full conclusion of the claim; 5% of the subject amount of the chargeback claim.
5.4. Your credit card statement will read "PAYPAL *TRUSTCALL"
6. YOUR OBLIGATIONS
6.1. Your obligations towards Us include:
(a) You must inform Us if any of the personal details you provided to Us on Registration change. You can do this by emailing Us directly at contact@TheTrustCall.com.
(b) The Services are provided by Us for Your personal use. You must not seek to commercially exploit any of the Services;
(c) You must not do or attempt to do anything which could hamper or otherwise interfere with the operation of the Website;
(d) The Services must be used through the method(s) of communication specified by Us from time to time (for example, via the Website and via telephone). We will not accept attempts to participate via any other method(s) of communication;
(f) You must not use TheTrustCall for any unlawful purpose or for the publication of, linking to, issue or display of any unlawful material (such terms to include, but not be limited to, any pirated software or any material which is obscene, pornographic, threatening, malicious, deceptive, harmful, abusive, defamatory, intimidating, discriminatory on the basis of religions, gender, sexual orientation, race, ethnicity, age or disability) or which breaches the rights (including, but not limited to IPR) of Us and / or any third party or which encourages or procures any criminal activity or contains any virus, trojan horses, or other harmful code;
(g) You must not record or disclose personal data regarding another Customer or of a Reader or other person (including, without limitation, their email, address or other contact details that would enable others to contact them) without their express consent;
(h) You shall observe and comply with any data volume limit(s) which may apply to the Services (You shall be notified when You exceed such limit(s)).
6.2. No advertising: Users are not permitted to use the Services for the purpose of advertising, or for the purpose of displaying information In connection with any commercial activities other than the Services. If You are a Customer and We find or suspect You to be in breach of this paragraph (at Our sole discretion), We reserve the right to permanently exclude You from using the Services.
6.3. Breach of terms and conditions: We reserve the right to suspend, restrict or terminate Your membership and Registration at any time without notice at Our discretion where You are or We suspect that You may be in breach of these Terms or where Your use of the Services may be causing damage to telecommunications systems or other technical installations, or causing offence to other TheTrustCall members. In addition, a breach of the Terms may constitute an offence of fraud and result in legal claims and damages as well as criminal prosecution.
We may, at Our discretion, monitor or record Services (e.g. calls or messages) for the purpose of ensuring compliance with these Terms, for training purposes and to investigate any complaints and with Your consent for marketing purposes. We reserve the right to edit or delete any and all text, audio and video messages which We consider to be in breach of these Terms.
You agree to fully indemnify Us in respect of all liabilities, damages, claims, actions, expenses, demands or costs (including any legal fees in relation to such claim or damages) incurred by Us due to any matter in relation to or arising from Your use of the Service(s) or Website including any breach or suspected breach of these Terms or Your violation of any law or infringement of third party rights.
7. INTELLECTUAL PROPERTY
All IPR subsisting in the Website and its content and the Services is either owned by Us or licensed to Us. You may not use the Service, Content, this Website or any part(s) thereof for any other purposes than for Your own personal use. You may not reproduce, copy, post, republish, broadcast, record, transmit or edit any materials or part(s) thereof without the express prior written consent of Us nor do or attempt to do anything which infringes Our IPR or any IPR which is licensed to Us by a third party.
8. DISCLAIMER AND LIMITATION OF OUR LIABILITY TO YOU
8.1. Although We have made all reasonable efforts to ensure that the Website is free from viruses and other damaging components, We cannot guarantee this. Neither can We guarantee that use of the Website and the Services will be uninterrupted, timely, secure and / or free of errors and omissions.
8.2. Under no circumstances shall We be liable, whether such potential liability arises in contract, tort (including without limitation negligence) or otherwise, for any:
(a) loss of business, use, profit, anticipated profit, contracts, revenues, goodwill or anticipated savings;
(b) loss of data or use of data; or;
(c) consequential, special or indirect loss or damage; arising in connection with the Services and/or the Website, even where We have been advised of the possibility of such loss or damage.
8.3. Our total liability to You in any 12 month period for loss or damage which is not otherwise excluded under these Terms and Conditions shall be limited to the greater of:
(a) the amount of Fees paid by you in such 12 month period; or
(b) HK$1,000 (one thousand Hong Kong Dollars), where this does not conflict with legal or statutory requirements.
8.4. Nothing in these Terms and Conditions shall exclude or limit Our liability for death or personal injury caused by Our negligence, for fraud or fraudulent misrepresentation or for any other type of liability which cannot by law be excluded.
8.5. We do not participate in the actual provision of Services by Readers to Customers. You will not hold Us responsible for the acts or omissions of Readers or Customers involved in transactions (whether such transactions are carried out through the Service or otherwise) or for ensuring that they actually complete transactions.
8.6. We have no control over, are not liable, do not guarantee, and You will not hold Us responsible for:
(a) any damage arising as a result of actions taken by Customers in response to Services such as readings and interpretations and advices provided by Readers;
(b) the quality, safety or legality of Content displayed, or Services and/or information exchanged between Users;
(c) the truth or accuracy of Content, information and Services such as readings and interpretations and advice provided by Readers;
(d) the truth or accuracy of feedback, Ratings, or other Content posted by Users on the Website;
(e) the ability of Readers to provide Services such as readings and interpretations and advice as well as the ability of Customers to pay for the Service;
(f) minimum levels of Connections to Readers;
(g) incorrect use by You of the Service;
(h) any additional rates and costs charged by Your service provider when using the Services.
8.7. In any event, to the fullest extent permitted by law, We will not be liable for any damage or loss whether direct or indirect that You may suffer as a result of failure by Us to deliver the Services for any reason, including but not limited to: access delays or interruptions, data non-delivery or mis-delivery, failure to deliver the Services due to server failure or any event of force majeure including, without limitation, acts of God, war or terrorism, breaches of security or unauthorised use of personal data arising from hacking and/or failure or lack of reception of telephone or mobile telephone networks. The exclusion set out in this paragraph shall apply even in the event that the loss or damage suffered by You was or should have been foreseen by Us and/or You told Us of the risk of You suffering the loss or damage in question.
8.8. We sometimes provide hyperlinks and/or advertisements to other websites (including those of our contractual partners). We do not control and are not responsible for these websites or their content or availability. We are not responsible for any third party's websites and You visit such websites entirely at Your own risk.
8.9. This Website, its Content and the Services are provided by Us on an "as is" and "as available" basis. No express or implied representations or warranties of any kind are made (and all representations and warranties are expressly disclaimed to the fullest extent permitted under law) with respect to the Website, its Content, and the Services including, without limitation, any advice given (on a personal or general basis) and information given on or via TheTrustCall. Any decisions or action taken by You on the basis of information provided on or via the Website are at Your sole discretion and risk and You should obtain individual professional advice where necessary. You must be aware that any Services and/or Content and/or information displayed or provided by another User may be incorrect or misleading and it is Your responsibility to take precautions and use common sense when using the Service and providing any information to another User or in a recorded message.
8.10. Although We use techniques that aim to verify the accuracy and truth of the information provided by Our Users, We cannot and do not confirm, and are not responsible for ensuring, the accuracy or truthfulness of Users' purported identities or the validity of the information which they provide to Us or post on the Website.
8.11. Nothing contained in these Terms shall affect any statutory rights which You may be entitled to as a consumer.
9.1. Information which You provide to Us as part of the registration process and other information which You may supply to Us is subject to Our Data Protection and Privacy Statement.
9.3. The current version of Our Data Protection and Privacy Statement shall be deemed incorporated into Our Terms.
9.4. We are not responsible for the use of any personal information that You may choose to disclose to third parties through Your use of the Services or the Website and any such disclosure shall be made at Your own risk.
Each provision of these Terms shall be constructed separately and independently. If any provision of these Terms is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair:
(a) the legality, validity or enforceability in that jurisdiction of any other provision of these Terms; or
(b) the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of these Terms and Conditions.
11. LAW AND JURISDICTION
The Terms shall be governed by and construed in accordance with Hong Long Law. Both You and We hereby submit to the exclusive jurisdiction of the courts of Hong Kong SAR.