Terms and conditions Zigzagfone             November 11th, 2014

 

 

1. The service is provided by Zigzagfone (“we/us/our”) to the end-user/customer (“you/your”), and by obtaining such service you will be provided with access to all functionalities of the dating website ‘Naughty Talks’ (The Service).

These Terms and Conditions are applicable to the websites that are controlled by or on behalf of Zigzagfone and to the Service. After subscribing to the Service, you will need to register separately to the dating website Naughty Talks (the ‘Site’) and separate Terms & Conditions may be applicable to you when registering for an account and making use of the Site.

Helpline: 61283174970. These conditions (including without limitation the information on how to use the service) which we publish in relation to the service apply to The Service.

2. By subscribing to The Service, you acknowledge that you have read and understood, and agree to be bound by these conditions.

3. This is a subscription service. If you do not accept these conditions you must not subscribe to, or use The Service.

4. The Service will operate the following way:

After you follow the instructions and enter your mobile number, date of birth and gender on the website, you will receive a free message to your phone with the price points, frequency and name of the subscription service as well as the keyword and number to text to subscribe to The Service. When you reply by way of SMS (costing 25c) with the keyword to the service number, you will then receive a free welcome message with a link that redirects you to the Site, all relevant information regarding this Service (price of subscription, amount of messages, description of the service etc) as well as details on how to opt out of The Service. As part of your subscription, you will also receive SMS messages containing reminders of your subscription ("subscription messages"). See under 8 for more information.

5. This is a subscription-based mobile content service. You will be charged $ 13.20 per week on an ongoing basis plus a one off joining fee of $ 6.60 and all subscription costs include GST.

6. A subscriber is a person (you or any individual using your mobile telephone) that has filled in his mobile number, gender and date of birth and replied via SMS to confirm entry to the service.

7. By subscribing to The Service you agree to receive unlimited access to The Service at $ 13.20/week plus a one off joining fee of $ 6.60. The content of The Service is intended for entertainment purposes only.

8. To use The Service you are a resident of Australia who is aged not less than 18 years (excluding all employees of Zigzagfone or associated companies and members of their households or immediate families).

9. The SMS subscription mechanic is only open to consumers with a SMS compatible mobile phone connected to a service provider which permits text messaging to the telephone number we advertise for using The Service. We recommend you check with your individual service provider in this regard.

10. We reserve the right to verify the validity of subscription or subscriber and to disqualify any subscription or subscriber who tampers with The Service or who does not use The Service in accordance with these conditions.

11. To voluntarily unsubscribe or opt-out of The Service the End User is required to send the word “STOP” to 19900222. We reserve the right to suspend or bar a person from subscribing to The Service.

12. If for any reason The Service is not capable of running as planned due to any reason beyond the control of Zigzagfone (including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes), including anything which may corrupt the integrity or proper conduct of The Service we reserve the right to cancel, terminate, modify or suspend The Service.

13. As a result of subscribing to The Service, Zigzagfone will collect certain personal information about you (such as your telephone number, gender and date of birth) which may be disclosed to third parties for the purposes of providing The Service. You may access and/or change your data by following the procedures in Zigzagfone’s privacy policy. If you do not wish us to use the personal information for any of these purposes, you must not use The Service.

14. You release and agree to keep Zigzagfone and its associated companies indemnified from any claim, cost, demand, tax, liability or damage (including legal costs on a full indemnity basis) suffered or incurred by us, our directors, employees, agents and representatives arising out of your use of The Service.

15. These conditions constitute the entire agreement between you and us as to its subject matter. By subscribing to The Service, you accept that this agreement is to be interpreted, and any disputes are to be determined by the courts having jurisdiction in New South Wales, in accordance with the laws in force in New South Wales from time to time.

These Terms and Conditions are applicable to the websites that are controlled by or on behalf of Zigzagfone and to the Service. After subscribing to the Service, you will need to register separately to the Site and separate Terms & Conditions may be applicable to you when registering for an account and making use of the Site.

16. We are not responsible for any incorrect or inaccurate information, either caused by you or for any of the equipment or programming associated with or utilized in The Service, or for any technical error, or any combination thereof that may occur in the course of the administration of The Service including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, theft or destruction or unauthorized access to or alteration The Service.

17. In the event of war, terrorism, state of emergency, disaster or (without limitation) any other event outside our reasonable control, we are entitled to cancel, terminate, modify or suspend The Service.

18. If for any reason The Service is not capable of running as planned (including but not limited to) technical failures, unauthorized intervention, fraud or any other causes beyond our control which corrupts or affects the administration, security, fairness, integrity or proper conduct of The Service, we are entitled in our sole discretion to disqualify any individual who tampers with The Service, and subject to any relevant authority, to cancel, terminate, modify or suspend The Service.

19. To the extent permitted by law, we are not liable for any failure to comply with these conditions. If any part or provision in these conditions is found to be invalid, unenforceable or illegal for any reason, that part or provision shall be severed and the remaining provisions shall continue in full force.

20. Zigzagfone shall not be liable for any loss or damage whatsoever which is suffered (including without limitation direct, indirect and consequential loss and damages) or for personal injury suffered or sustained as a result of using or trying to use The Service, except for any liability which cannot be excluded by law.

21. These terms and conditions do not, nor do they purport to, limit, exclude or modify any non-excludable statutory guarantees provided under the Competition and Consumer Act 2010 (Cth) or any other warranties whether express or implied under any state or federal legislation which cannot be excluded.

22. These terms and conditions constitute the entire agreement between you and Zigzagfone.

23. Zigzagfone is a tradename of Bluetiq GmbH. Address: Immermannstrasse 13, 40210 Düsseldorf, Germany.

24. Complaint Handling Policy

This Complaint Handling Policy aims to:

a) provide a framework for Bluetiq’s employees to work with when handling Complaints from Customers;

b) ensure consistency within Bluetiq in handling and resolving Complaints from Customers; and

c) assist Bluetiq's commitment to provide quality products, services and customer service.

Bluetiq defines the term complaint as any expression of dissatisfaction or grievance made to Bluetiq by a Customer or member of the public with any product or service of Bluetiq, not including a request for information.

Complaint handling procedure: Bluetiq’s customer care agents will provide reasonable information and assistance to ensure that Complaints are lodged effectively. Complaints may be lodged by phone on 61283174970 (local tariff, during business hours), electronic mail to info.au@zigzagfone.com, by letter to Bluetiq’s Complaint Department, Immermannstrasse 13, 40210 Düsseldorf, Germany.

Complaints will be acknowledged and Customers can be advised of a reference that can be used to identify progress of their Complaint. Bluetiq has established, and will continue to develop, quality processes for the efficient acknowledgement and processing of complaints.

Response to Complaints: Complaints will be processed in a timely and efficient manner. Managing our customer's expectations realistically is our goal. This involves the careful examination of each complaint and a resolution offered on the basis of that analysis.

Escalation of Complaints: Bluetiq’s goal in the area of complaints handling is to finalize complaints at first contact.

 

(C) 2014 Zigzagfone is a trade name of Bluetiq GmbH, Immermannstrasse 13, 40210 Düsseldorf, Germany.