Terms & Conditions
PSYCHIC WAVE TERMS OF USE
PLEASE READ THESE TERMS CAREFULLY
BY DOWNLOADING AND USING THE APP YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT DOWNLOAD OR USE THE APP.
WHO WE ARE AND THESE TERMS
Who we are. We are Allstar Psychics Limited a company registered in England and Wales. Our company registration number is 08454119 and our registered office is at 1 Commercial Court, Briggate, Leeds, West Yorkshire, United Kingdom, LS1 6ER.
How to contact us. You can contact us by writing to us at
How we may contact you. If we have to contact you we will do so by writing to you at the email address you contact us on, or by the telephone number you use to access the services.
"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
WHAT THESE TERMS DO
We license you to use the Psychic Wave mobile application software (App) and any updates or supplements to it as permitted in these terms. You may also use the App to receive psychic services from individuals (the Operators), including palm readings, fortune telling, psychic readings, dream interpretation and tarot card readings (the Psychic Wave Services) under these terms. The Psychic Wave Services are provided for entertainment purposes only.
Allstar Psychics Limited is a web design and digital media company who have developed the App to allow consumers to obtain the Psychic Wave Services from Operators. We do not directly offer or sell the Psychic Wave Services.
These terms tell you who we are, how you can use the App, how the Operators will provide the Psychic Wave Services to you, how you and the Operators may change or end the contracts for Psychic Wave Services, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
CHANGES TO THESE TERMS
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. Next time you use the App following any changes to these terms, you will be asked to agree to the amended terms before you can use the App. If you do not accept the changes you will not be permitted to continue to use the App and the Psychic Wave Services.
YOUR PRIVACY
We only use any personal data we collect through your use of the App and the Psychic Wave Services in the ways set out in our privacy policy https://psychicwave.co.uk/privacy
APPSTORE'S NAME TERMS ALSO APPLY
The ways in which you can use the App may also be controlled by the iTunes or Google Play rules and policies:
https://www.apple.com/uk/legal/privacy/en-ww/
https://policies.google.com/privacy?hl=en
WE MAY END YOUR RIGHTS TO USE THE APP AND THE PSYCHIC WAVE SERVICES IF YOU BREAK THESE TERMS
Failure to comply with these terms constitutes a material breach of the terms upon which you are permitted to use the App, and may result in our taking of all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use the App.
- Immediate, temporary or permanent removal of any Contribution uploaded by you to the App.
- Immediate, temporary or permanent suspension of your Account.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
We may end your rights to use the App and Psychic Wave Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the App and Psychic Wave Services:
- You must stop all activities authorised by these terms, including your use of the App and any Psychic Wave Services.
- You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
- We may remotely access your devices and remove the App from them and cease providing you with access to the Psychic Wave Services.
USING THE APP
OPERATING SYSTEM REQUIREMENTS
The iOS (Apple) version of the App requires an iPhone or iPad device with a minimum of 100MB of available memory, and an operating system of iOS10 or above.
The Android version of the App requires a Mobile Handset / Tablet device with a minimum of 2GB of memory and the Android or Android Distribution with all core native Android features operating system 7.0 / SDK 24 /Nougat.
Internet connectivity and cache storage are also required.
SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
Support.If you want to learn more about the App or have any problems using it please take a look at our support resources at https://www.psychicwave.co.uk.
Contacting us (including with complaints).If you think the App or the Psychic Wave Services are faulty or misdescribed or wish to contact us for any other reason please contact our customer service team via
HOW YOU MAY USE THE APP
In return for your agreeing to comply with these terms you may:
- download or stream a copy of the App onto one mobile telephone or handheld device onto which the App may be downloaded and view, use and display the App and the Service on such devices for your personal purposes only; and
- receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.
IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
YOU MUST BE 18 TO ACCEPT THESE TERMS AND USE THE APP
You must be aged 18 or over to accept these terms and use the App.
YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE
We are giving you personally the right to use the App and the Psychic Wave Service as set out above. You may not transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App and the Psychic Wave Services throughout the world belong to us and the rights in the App and the Psychic Wave Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Psychic Wave Services other than the right to use them in accordance with these terms.
UPDATE TO THE APP
From time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues.
Alternatively
we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Psychic Wave Services.
The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using the App or any of the Psychic Wave Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Psychic Wave Services to you.
WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
The App or any of the Psychic Wave Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
LICENCE RESTRICTIONS
You agree that you will:
- except in the course of permitted sharing, not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Psychic Wave Services in any form, in whole or in part to any person without prior written consent from us;
- not copy the App or Psychic Wave Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Psychic Wave Services nor permit the App or the Psychic Wave Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Psychic Wave Services on devices as permitted in these terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Psychic Wave Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
- is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
- is not used to create any software that is substantially similar in its expression to the App;
- is kept secure; and
- is used only for the Permitted Objective;
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
ACCEPTABLE USE RESTRICTIONS
You must:
- not use the App or any Psychic Wave Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Psychic Wave Service or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Psychic Wave Service (to the extent that such use is not licensed by these terms);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Psychic Wave Service;
- not use the App or any Psychic Wave Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- not collect or harvest any information or data from any Psychic Wave Service or our systems or attempt to decipher any transmissions to or from the servers running any Psychic Wave Service;
- not use the App in any way that breaches any applicable local, national or international law or regulation;
- not use the App in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- not use the App for the purpose of harming or attempting to harm minors in any way;
- not use the App to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
- not use the App to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and
- not use the App to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- not to reproduce, duplicate, copy or re-sell any part of the App in contravention of the provisions of these terms;
- not to access without authority, interfere with, damage or disrupt:
- any part of the App;
- any equipment or network on which the App is stored;
- any software used in the provision of the App; or
- any equipment or network or software owned or used by any third party.
PSYCHIC WAVE SERVICES TERMS
The App allows you to connect with Operators who have been registered by us, and who have profiles and offer Psychic Wave Services via the App. The Operators offer some or all of the following services via the App:
- Live chat
- Daily horoscopes
- Psychic readings by telephone
The Psychic Wave Services are purchased by either making a telephone transaction by credit or debit card OR, paying via your phone bill. Payment options do differ from country to country, the payment option that you will have access to will be displayed within the Psychic Wave App. You will pay the relevant cost for a Psychic Wave Service at the time you request it from an Operator, and the ordinarily the Operator will provide the Psychic Wave Service immediately.
Your contract with Operators for Psychic Wave Services
When you select to first receive Psychic Wave Services from an Operator a contract will come into existence between you and the Operator. If an Operator cannot accept your order, or the Operator is unable to provide the Psychic Wave Service, you must contact customer support immediately by emailing
Your rights to make changes
While Psychic Wave Services are ordinarily provided by the Operators immediately following your order and payment of the relevant cost, if there is a delay in providing the service to you, you may wish to make a change to it. If you wish to make a change to the Psychic Wave Service you have ordered before it is performed, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the cost for the Psychic Wave Service, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see below).
PROVIDING THEPSYCHIC WAVE SERVICES
The Operator is not responsible for delays outside their control. If any Psychic Wave Service is delayed by an event outside the Operator's control then we will contact you as soon as possible to let you know and the Operator will take steps to minimise the effect of the delay. Provided we do this the Operator will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive
a of
your payment for any Psychic Wave Services you have paid for but not received.
What will happen if you do not give required information to us
.
The Psychic Wave Services will be based on the information you provide on request to the Operator who is to provide you with Psychic Wave Services. It is your responsibility to ensure your information is accurate and up to date and the Operator will not be responsible for the content of the Psychic Wave Services not meeting expectations if the information is not accurate or up to date. The Operator will not be responsible for supplying the Psychic Wave Services late or not supplying any part of them if this is caused by you not giving the Operator the information they need within a reasonable time of us asking for it.
Reasons the supply of Psychic Wave Services to you may be suspended. The supply of a Psychic Wave Services to you may be suspended:
- to deal with technical problems or make minor technical changes;
- due to changes in relevant laws and regulatory requirements;
- make changes to the Psychic Wave Service notified by us to you
Your rights if the supply of Psychic Wave Services are suspended. We will contact you in advance to tell you the supply of the Psychic Wave Services will be suspended, unless the problem is urgent or an emergency. You may contact us to end the contract for a Psychic Wave Service if it is suspended, or tell you it is going to be suspended, in each case for a period of more than seven days and we will refund any any monies you have paid in advance for the Psychic Wave Service in respect of the period after you end the contract.
IF THERE IS A PROBLEM WITH THE PSYCHIC WAVE SERVICES
How to tell us about problems. If you have any questions or complaints about the Psychic Wave Services, please contact us via
Summary of your legal rights. The Operators are under a legal duty to supply services that are in conformity with the contracts you have with them. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.
| Summary of your key legal rightsThis is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.As you are being provided with services, the Consumer Rights Act 2015 says:a) You can ask that a services is repeated or fixed if it's not carried out with reasonable care and skill, or get a full or partial refund if we can't fix it.b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.See also https://assets.publishing.service.gov.uk/ |
Your rights to end the contract
You can always end your contract with an Operator. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how the Operator is performing and when you decide to end the contract.
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an upcoming change to the Psychic Wave Services or these terms which you do not agree to;
- we have told you about an error in the price or description of the Psychic Wave Services you have ordered and you do not wish to proceed;
- there is a risk that supply of the Psychic Wave Services may be significantly delayed because of events outside the Operator's control;
- we have suspended supply of the Psychic Wave Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than seven days; or
- you have a legal right to end the contract because of something we have done wrong.
Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most Psychic Wave Services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights are under the Consumer Contracts Regulations 2013. However, ordinarily the Psychic Wave Services are performed immediately following your order and your payment: once the Operator has completed the Psychic Wave Services, you cannot change your mind, even if the period is still running.
How to end a contract with an Operator or to stop performance of a Psychic Wave Service (including if you have changed your mind)
Tell us you want to end the contract or stop performance of a Psychic Wave Service. To end the contract with an Operator or to stop performance of a Psychic Wave Service, please let us know by contacting our customer services via the In-App Support Live Chat or by emailing us at
How we will refund you. We will refund you the money you paid for any Psychic Wave Services you have paid for but have not been performed prior to you cancelling your contract or asking for the services to be stopped.
The Operators' rights to end contracts
An Operator may end the contract for a Psychic Wave Service at any time by contacting you if:
- you do not, within a reasonable time of us asking for it, provide the Operator with information that is necessary for the Operator to provide the Psychic Wave Services;or
- if you breach these terms in any other way.
PRICE AND PAYMENT
In order to obtain Psychic Wave Services on the App, you will need to pay for them at the time you order. Payments are made over the phone in our secure telephony payment system. Payments are made in the following currencies: GBP, EUR, AUD, USD, NZD or CAD.
CONTENT STANDARDS
These content standards apply to any and all material which you contribute to the App (Contribution), and to any Interactive Services associated with it.
The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
We will determine, in our discretion, whether a Contribution breaches the Content Standards.
A Contribution must:
- be accurate (where it states facts);
- be genuinely held (where it states opinions); and
- comply with the law applicable in England and Wales and in any country from which it is posted.
A Contribution must not:
- be defamatory of any person;
- be obscene, offensive, hateful or inflammatory;
- promote sexually explicit material;
- promote violence;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any copyright, database right or trade mark of any other person;
- be likely to deceive any person;
- breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promote any illegal activity;
- be in contempt of court;
- be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
- be likely to harass, upset, embarrass, alarm or annoy any other person;
- impersonate any person, or misrepresent your identity or affiliation with any person;
- give the impression that the Contribution emanates from us, if this is not the case;
- advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
- contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or
- contain any advertising or promote any services or web links to other sites.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for foreseeable loss and damage caused by us.
If
we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
We are not liable for business losses.
The
App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the App and the Psychic Wave Services. The App and the Psychic Wave Services are provided for general information and entertainment purposes only. They do not offer guidance or advice on which you should
rely
. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Psychic Wave Services.
Check that the App and the Psychic Wave Services are suitable for you. The App and the Psychic Wave Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Psychic Wave Services (as described on the
appstore
site) meet your requirements.
We are not responsible for events outside our control.
If
our provision of the Psychic Wave Services or support for the App or the Psychic Wave Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Psychic Wave Services you have paid for but not received.
GENERAL TERMS
WE MAY TRANSFER OUR RIGHTS AND OBLIGATIONS TO SOMEONE ELSE
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract within seven days of us telling you about it and we will refund you any payments you have made in advance for Psychic Wave Services not provided.
YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
NO RIGHTS FOR THIRD PARTIES
In respect of the terms governing your use of the App, these terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms.
IF A COURT FINDS ANY OF THESE TERMS ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
EVEN IF WE DELAY IN ENFORCING THESE TERMS, WE CAN STILL ENFORCE IT LATER
Even if we or an Operator delays in enforcing these terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking these terms, that will not mean that you do not have to do those things and it will not prevent
us
taking steps against you at a later date.
WHICH LAWS APPLY TO THESE TERMS AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
We make no claims or representations that the Psychic Wave Services are lawful or are permitted in any jurisdiction outside of England and Wales. You use the Psychic Wave App Services at your own risk and you are responsible for compliance with all local and national laws and regulations in the jurisdiction where you access this App.