Kooma Terms & Conditions
These Terms were last updated on 17 November 2016.
Thank you for visiting Kooma at www.kooma.co.uk (the 'Site').
These terms and conditions (the 'Terms') are the terms on which the Site and the Services as more particularly described in clause 3 below are made available to you ('You'/‘Your’).
By accessing and using the Site or Services You agree to be bound by these Terms. If you do not accept these Terms, do not use or access the Site.
We may change these terms from time to time, so you should review them each time you visit the Site. You may print or save a copy of these Terms for Your reference but the most up to date version of these Terms will always be made available here whilst this Site is operational. However, We will not file a copy of these Terms as they specifically reflect Our agreement with You.
ALL PSYCHIC READINGS AND CONSULTATIONS ARE PROVIDED AS ENTERTAINMENT SERVICES ONLY and do not in any way constitute personal, legal, financial, medical or any sort of professional advice. By engaging in a psychic reading or reading this site, you understand that we do not provide recommendations, advice or give any directions for you to follow. A psychic reader ('Reader'), for example, may from time to time offer a personal opinion but this does not constitute advice. A Reader will not diagnose illnesses or conditions (including questions pertaining to pregnancy and death). THE CONTENT OF PSYCHIC READINGS AND THE USE OF THIS SITE ARE MERELY FOR ENTERTAINMENT PURPOSES AND SHOULD NOT BE RELIED UPON.
Readers are not Our employees and the provision of any of the Services by a Reader shall be directly between You and the Reader. You and the Reader are solely responsible for the conversations which occur while a Reader is providing any Services.
We do not refer, endorse, recommend, verify, evaluate or guarantee any Services provided by Readers, and nothing shall be considered as a referral, endorsement, recommendation or guarantee of any Reader. We do not warrant the validity, accuracy, completeness, safety, legality, quality, or applicability of the content or anything said or written by any Reader or any advice provided. We will not be liable for any damages sustained due to reliance by you on such information provided by any Reader.
2. GOVERNING LAW AND JURISDICTION
These Terms shall 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 shall be 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.
3. OUR LEGAL OBLIGATIONS AND LIMITS ON LIABILITY
3.1 Some of the content posted via the Services is third party content and therefore We do not always have control over the contents of communications made by or between Service users and cannot be held liable for any contents of or consequences of such content. You must be aware that any information provided by another user of the Services may be incorrect or misleading and it is Your responsibility to take precautions and use common sense when using the Services and providing any information to another user of the Services.
3.2 The information contained on this Site and provided via the Services are for information and entertainment purposes only and do not constitute advice. You should check any information on the Site or provided via the Services and use your own judgment before doing or not doing anything on the basis of what you see, read or hear. Any decisions 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 obtain individual professional advice where necessary.
3.3 We will provide the Services with reasonable care and skill and use all reasonable endeavours to correct any errors and admissions as soon as practicable once they have been brought to our attention, however to the extent permitted by Applicable Law, WE DO NOT MAKE ANY REPRESENTATION OR GIVE ANY WARRANTY (WHETHER EXPRESS OR IMPLIED) IN RESPECT OF SERVICES OR THEIR CONTENT, 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 AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY, QUALITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED IN CONNECTION WITH THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY ADVICE GIVEN (ON A PERSONAL OR GENERAL BASIS) AND STATEMENTS MADE BY ADVERTISERS ON OR VIA THIS SERVICE.
3.4 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 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.
3.5 IN ALL OTHER CIRCUMSTANCES, OUR LIABILITY IN CONNECTION WITH THIS AGREEMENT OR FOR THE SERVICES, WHETHER IN CONTRACT OR TORT FOR ANY CAUSE OF ACTION, EVEN AN ACTION ARISING FROM OUR OWN NEGLIGENCE OR THE NEGLIGENCE OF THE READER, OUR FRAUD, OR FRAUDULENT MISREPRESENTATION SHALL BE LIMITED IN AGGREGATE TO THE NET PAYMENT TO US FROM 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 OR INABILITY TO USE THE SITE OR SERVICE. WHERE THIS LIMITATION IS UNENFORCEABLE, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LAW.
3.6 YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS US AND THE READER, AND ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, AGENTS, EMPLOYEES, 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 CLAIM 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.
3.7 We are not responsible if you cannot access the Site properly or at all because of any event outside our control, for example (without limitation) the performance of Your or Our ISP, Your browser or the Internet.
3.8 The Site relies in part on software to work. Software has 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.
3.9 Access to the Services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond Our control.
3.10 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 clause 10.4 and 12.1 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.
4. INFORMATION ABOUT US/ GENERAL INFORMATION
4.1 We are Psychic Switchboard Limited a company registered in England and Wales under registration number 05371860 and our address is Orega Business Centre, 1 Hardwicks Square, London, SW18 4AW, United Kingdom. ('We'/ 'Us'/'Our').
4.2 If You have any questions, complaints or comments on this Site then You may contact Us by completing the online form (found under www.kooma.co.uk/Contact/), write to us at: Kooma Customer Services, Orega Business Centre, 1 Hardwicks Square, London, SW18 4AW, United Kingdom or call us on 020 7966 9626.
We provide various entertainment services (‘Services’) for You to choose to receive including the following:
5.1 Live and Interactive Voice (IVR) Services: We facilitate a range of live person-to-person voice services and recorded services available that enable you to chat to a Reader and listen to pre-recorded content including horoscopes.
5.2 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 Reader 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 will be entitled to suspend you from further use of the Services. In this instance you will be refunded the balance on your account less a £10 administrative charge.
5.3 Our Refund Policy - we believe that we offer the best value readings. We want all of our customers to be satisfied. However, we recognise that, occasionally, things don’t quite go according to expectations. To give you confidence in using our Readers, we are pleased to offer a refund policy as follows:
- (i) Credit card refund or equivalent credit to your Kooma 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 be only applied to your Kooma account and not refunded via your credit card);
- (iii) Your reading must have been less than 10 minutes in duration;
- (iv) In order to apply for a credit, please call our customer services help desk at 020 7966 9626 within 48 hours 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 listen to calls.
5.4 A Reader is not authorised 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.kooma.co.uk/Contact/), write to us at: Kooma Customer Services, Orega Business Centre, 1 Hardwicks Square, London, SW18 4AW, United Kingdom or call us on 020 7966 9626.
5.5 Kooma Free 20 Minute Psychic Readings For New Customers
A free reading of up to 20 minutes will be given to new customers who register a Kooma account subject to availability. This offer is available to first time callers with Kooma accounts only. Callers must be over 18 years old to obtain the Free reading and there is an absolute limit of one (1) free call per customer. The offer does not guarantee a free reading at a specific time and if a specific Kooma psychic reader is unavailable at the time of the call then customers are invited to try again at a later date. Calls are recorded and are only free from a BT landline. Calls made from some operators, including cell phone/mobile operators, may incur network surcharges. Bill payer’s permission must be obtained before making the call. Kooma Free 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 Kooma employees, suppliers or partners.
5.6 We may modify any of the Services at any time in order to take account changes on 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.
5.7 Prices are for a single reading up to the quoted number of minutes. There are no refunds or carry forwards of unused minutes.
6. COPYRIGHT/COPYRIGHT LICENCE
6.1 You may not use the Service, this Site or any part(s) thereof for any purposes other than for Your own personal use nor for any commercial purposes including, without limitation, leaving or distributing advertisements or promotions or offering, either directly or indirectly, services or goods for sale.
6.2 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, trade marks, 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.
6.3 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.
6.4 Any use other than that permitted under this clause 3 may only be undertaken with Our prior express authorisation.
7.1 You must be 18 years old or older to register and submit material (e.g. quality assessments and feedback on Readers) to the Site.
7.2 Only one registration per person is allowed. You must keep your registration information up to date.
7.3 You must keep your password confidential.
7.4 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.
7.5 You are responsible for everything done using Your account. If you think that someone else may have access to, or be using, Your password or account, You must tell us as soon as possible by completing the online form (found under www.kooma.co.uk/Contact/), write to us at: Kooma Customer Services, Orega Business Centre, 1 Hardwicks Square, London, SW18 4AW, United Kingdom or call us on 020 7966 9626.
8. SUSPENDING OR TERMINATING YOUR REGISTRATION
8.1 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 bar or terminate Your access to the Service without notice.
8.2 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 do these things, we decide.
8.3 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 all the circumstances.
9. FEES AND PAYMENTS
9.1 The fees for the Services that you purchase through the Site will be stated on the Site, please click here for a link to the relevant section of the Site www.kooma.co.uk. We may in Our absolute discretion choose to amend these from time to time.
9.2 You agree that you will pay for any Services which You use on the Site by credit or debit card ("credit card"). You are ultimately responsible for the timely payment of all fees relating to any of the Services and for providing Us with a valid credit card for payment of all fees. All fees will be billed to the credit card you designated during the registration process. If you want to designate a different credit card or if there is a change in your credit card status, you must change your information online in the Kooma account section on the Site.
9.3 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 will pay any sums owed to Us without set-off, deduction, counter claim or any other withholding of payment. You will be automatically charged the fee upon confirmation of the Service you require after which time We will provide you via email with the number of a Reader. 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 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.
9.4 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 transferred to the appropriate third party successor’s website where the payments shall be processed.
9.5 For any help or assistance with payment for the Services please contact Us by completing the online form (found under www.kooma.co.uk/Contact/), write to us at: Kooma Customer Services, Orega Business Centre, 1 Hardwicks Square, London, SW18 4AW, United Kingdom or call us on 020 7966 9626.
10. YOUR USE OF THE SITE/ VISITOR MATERIAL AND CONDUCT
10.1 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 trade marks and copyright and trade mark notices are not removed.
10.2 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.
10.3 You must not use all or any part of our Site or the contents on it for any commercial purposes.
10.4 You agree that in using the Service and Site You will not:
10.4.1 use the Service or Site in any way that may lead to the encouragement, procurement or carrying out of any criminal activity;
10.4.2 use the Service or Site for any purpose other than Your personal use, in any way that may reasonably be deemed unfair usage;
10.4.3 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;
10.4.4 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
10.4.5 use the Service or Site to engage in discussion of any subject that is illegal or grossly offensive.
10.5 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.
11. YOUR CONTENT - WHAT WE ARE ALLOWED TO DO
11.1 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.
11.2 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 licence 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 licence. The licence is capable of sub-license by Us to other entities and brands in Our group of companies.
11.3 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.
11.4 This clause 11 means, for example (without limitation), that We can:
11.4.1 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;
11.4.2 Remove Your Content, even if you have not breached these Terms.
11.4.3 Use all or part of Your Content in promoting our products and services.
11.4.4 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.
12 YOUR CONTENT - WHAT YOU ARE NOT ALLOWED TO DO
12.1 You must not submit any material to our Site that:
- (a) 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;
- (b) could prejudice any active legal proceedings of which you are aware;
- (c) is likely to:
- (i) cause someone alarm, anxiety or distress;
- (ii) encourage violence or racial or religious hatred;
- (d) infringes any intellectual property rights, such as copyright and trade marks. This means generally that You must own the rights in everything You submit or must obtain permission from the rights owner to submit the material;
- (e) 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);
- (f) advertises any product or services;
- (g) impersonates anyone else or otherwise misrepresents your identity, affiliation or status;
- (i) is, encourages or teaches conduct that is a criminal offence, gives rise to civil liability, or is otherwise unlawful;
12.7.2 You must not include links on the Site to any websites or webpages.
12.7.3 You must not try to get round any protections we put in place for the security and operation of the Site.
12.7.4 You must not re-submit content which you are aware has been removed.
12.8 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 where You are or We suspect that You may be in breach of these Terms.
13. YOUR PERSONAL INFORMATION
14. MAINTENANCE OF THE SITE
14.1 Making your use of the Site enjoyable means we need to fix bugs, install updates and do general diagnosis and maintenance of the Site. We will try to do scheduled maintenance during times when we anticipate that online use is lower than normal.
14.2 We also need to be able to do emergency maintenance and/or suspend access to the servers where, in our reasonable discretion, we see the need to do that. We will try to have the Site available again as soon as we think it is safe to do so.
15. CHANGES TO THESE TERMS
15.1 We are constantly looking for new ways to improve our Services and to enhance Your experience. We therefore 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.
16.1 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.
17.1 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.
17.2 These Terms are only available in the English language.
18. CONTACTING US
Please submit any questions You have about these Terms or any problems concerning the Site by completing the online form (found under www.kooma.co.uk/Contact/), write to us at: Kooma Customer Services, Orega Business Centre, 1 Hardwicks Square, London, SW18 4AW, United Kingdom or call us on 020 7966 9626.