(last updated on January 2nd, 2013)
1 GENERAL INFORMATION
1.1 Information about us: TheCircle is a services platform that allows its Users to interact on a range of subject areas such as astrology, tarot and various other esoteric scopes. Users can access TheCircle through its website or via telephony services for retrieving content, information and other services. TheCircle is operated by Stream Live Limited, a company registered in England and Wales with company number 03487227 whose registered office is at 20 Central Avenue, St Andrews Business Park, Thorpe St Andrew, Norwich. NR7 0HR (referred to herein as "We", "Us" or "Ours") and whose VAT registration number is GB 896109096
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 TheCircle.
If You have any questions, complaints or comments on this Website and/or Services You may contact Us at email@example.com, via telephone in the UK on 0800 067 3330 in Ireland 0818 241 387 or international callers on 44 1635 000 000.
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 TheCircle's Service(s);
“Content” means information created by a Reader or TheCircle 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 TheCircle who provides Content and offers information, readings, and other Services to Customers and/or for display on the Website;
"Services" means the services such as the Connection and Content provided to Customers via TheCircle;
“User” means both Readers and Customers;
"Website" means TheCircle online-platform which is accessible via www.thecircle.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 REGISTRATION AND OPENING YOUR ACCOUNT WITH THECIRCLE
2.1 Registration: In order to join TheCircle You must (a) be aged 18 years or over, (b) have accepted Our Terms, (c) not be one of Our employees, (d) complete the full registration call and (e) receive a registration confirmation with Your Username and Password on the Website, via Mail or over the telephone with a representative of TheCircle (collectively the "Registration").
In order to use the Services via Our Customer Service Team or online at the Website, Customers are required to provide us with a valid credit or debit card, either once during Your Registration or each time prior to You accessing any Service(s). By registering with Us You warrant that the information set out above (together with any other information which You may from time to time provide to Us, whether as part of the Registration or otherwise) is complete, true, accurate and not misleading in any way.
2.2 Username and Password: As part of the Registration process, You will select a Username and password which You must not disclose to anyone else. Upon registration with Us, We will associate (a) Your Username with Your first given telephone number and (b) Your Password with a phone ID, which You can use alternatively for Your login. You are responsible for all uses of your account, whether or not actually or expressly authorised by You. You may change your password at any time by following instructions. We will not modify Your Username without consulting You. Please note that Your Username will be displayed on the Website (e.g. with Your feedback), but We will not share Your phone number.
Your attention is drawn to the provisions of paragraphs 5.1 and 7.6.
2.3 One registration per User: You may only register one account at TheCircle. Any attempt to apply for multiple Registrations by the same User shall constitute immediate grounds for Us to refuse You access to TheCircle without notice.
2.4 Customer Care and Improvement of the Services: We encourage Customers to provide feedback on the TheCircle, the Readers and Services by providing Ratings on the quality of the Services, the Website, and Content. In the event that You have a complaint, or You are aware that these Terms are being breached by a User or other third party, please contact Us. You can do this by emailing Us at firstname.lastname@example.org, or via telephone in the UK on 0800 067 3330 in Ireland 0818 241 387 or international callers on 44 1635 000 000.
In order to ensure that TheCircle is able to provide high quality services which are responsive to Customers' needs, You hereby consent to Us being able to access Your account and records on a case by case basis to investigate complaints or other allegations or abuse. We reserve the right to investigate any allegation and determine in good faith and at Our sole discretion how to deal with such matters, but have no obligation or responsibility to Customers for performance or non-performance of monitoring activities.
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 TheCircle 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 credit/debit card and/or to Your telephone bill. 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 TheCircle's fee for the Connection, 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 'Help' section of the Website or by phone prior to You accessing the Services.
4.2 We shall charge the Fees except for PRS (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:
(a) 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 credit/debit card.
(b) Package calls: Prices are per package (e.g. 20 minutes) and include VAT, where applicable. The applicable Fee is usually charged to Your 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.
(c) Premium-rate-services (PRS): 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.
See the 'Help' section on the Website for more details.
5 YOUR OBLIGATIONS
5.1 Your obligations towards Us include:
(a) You must inform Us immediately if any of the personal details you provided to Us on Registration change. You can do this by emailing Us at email@example.com or using the 'My Circle' facility or one of the methods detailed in the Contact. page of the Website;
(b) If You suspect that Your Username, Password and/or phone ID has been obtained by another person than Yourself, You must notify Us immediately and the provisions of paragraph 7.4 will apply. You can do this by emailing Us at firstname.lastname@example.org or using the 'My Circle' facility or one of the methods detailed in the Contact. page of the Website;
(c) You must inform Us immediately of any actual or suspected unauthorised use of Your Registration details (including, but not limited to, Your password). You can do this by emailing Us at email@example.com or using the 'My Circle' facility or one of the methods detailed in the ‘Contact’page of the Website;
(d) The Services are provided by Us for Your personal use. You must not seek to commercially exploit any of the Services;
(e) You must not do or attempt to do anything which could hamper or otherwise interfere with the operation of the Website;
(f) 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;
(h) You must not use TheCircle 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;
(i) 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;
(j) 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)).
5.2 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.
5.3 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 TheCircle 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. 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.
6 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.
7 DISCLAIMER AND LIMITATION OF OUR LIABILITY TO YOU
7.1 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.
7.2 Subject to paragraph 7.4 below, We shall not be liable, whether such 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.
7.3 Subject to paragraph 7.4 below, 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) £100 (one hundred pounds sterling), where this does not conflict with legal or statutory requirements.
7.4 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.
7.5 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.
7.6 We have no control over, 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) unauthorised use of Your Registration details, including Your Username, Password and phone ID;
(i) any additional rates and costs charged by Your service provider when using the Services.
7.7 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.
7.8 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.
7.9 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 TheCircle. 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.
7.10 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.
7.11 Nothing contained in these Terms shall affect any statutory rights which You may be entitled to as a consumer.
8.1 You may cancel Your membership and Registration with TheCircle at any time upon written notice. If You wish to cancel, please write to Us or email Us at firstname.lastname@example.org.
8.2 We may cancel Your membership and Registration with TheCircle at any time at Our sole discretion and without the need to give reasons upon one week’s notice to You.
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.
9.4 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 English Law. Both You and We hereby submit to the exclusive jurisdiction of the courts of England and Wales.
12 OFFERS AND PROMOTIONS
12.1 Despatch of CDs on package calls. 1. From time to time CDs will be offered in association with the purchase of packages. 2. Offer available on package calls only and is limited to certain packages. The details of which will be printed in the membership magazine. 3. The start and finish date of the promotion will be printed in the membership magazine. 4. CDs will be despatched to your registered address. If you wish to change your registered address, please do so via the website or call our customer care team on 0800 067 3330. Readings must be paid for in full using a credit or debit card. Credit vouchers can be used to pay for the readings. 6. We will endeavour to deliver your CD to your registered address within 30 days of completion of your reading. 7. CDs will be despatched using UK Mail. We cannot be held responsible for CDs that get lost en route to the customer. 7. CD offer is only valid to customers calling the 0800 067 6768 number. 8. CDs are only despatched within the UK.
12.2 Despatch of CDs on the 0906 line. 1. CDs will be despatch to customers who complete an 0906 call, press * 3 at the end of their reading and leave their name & address details. 2. CDs will be despatched to the address supplied. Your address details cannot be changed. 3. We will endeavour to deliver your CD to you within 30 days of completion of your reading. 4. CDs will be despatched using UK Mail. We cannot be held responsible for CDs that get lost en route to the customer. 5. CDs are only despatched within the UK. 6. A CD will not be dispatched if insufficient name or address data is left to complete the address label.
13 MONEY BACK GARANTEE
Each and every one of our readers undergo a rigorous test period before we accept them onto TheCircle. Over 90% of applicants are turned down as they do not meet our standards of excellence. We are so sure you will love TheCircle’s readers and service provided that we will offer you a money back guarantee, if you are not satisfied with your credit card reading and terminate your call within the first 5 minutes. Upon terminating, please use the freephone number you originally dialled and we will either offer to connect you to another reader of your choice or refund you the money. You must contact us within 60 minutes of terminating your original reading and your call cannot have lasted for more than 5 minutes.
Money back guarantee applies to a credit card call that has been connected to the reader for a maximum of 5 minutes.
There is a limit of 5 refunds per person. All requests must be made through the freephone number and are subject to verification.
Requests for refunds must be made within 60 minutes of the call being terminated.
These Terms are made available in the English language only.