Welcome to www.gaytxt.com (the “Website”) operated by All Points North Publications Ltd (APNUK). This document contains the complete terms and conditions that apply to your access to the Website and use of the GayTxt service (the “Service”). As used in this Agreement, “Company,” “we” or “us” refers to All Points North Publications Ltd and “you” refers to the person accessing, using the Website or the Service.

ABOUT US

We are All Points North Publications Limited a company registered in England and Wales under registration number 02524607 and our address is 12 Heatons Court, Leeds, LS1 4LJ.

TERMS AND CONDITIONS

Please read through these terms and conditions of use carefully before creating an account or using the Service. Please also read our Privacy Policy section, which forms part of the Terms and Conditions, regarding personal information provided by you. We may change these terms from time to time without notice to you, so please review these terms from time to time.

By creating an account and/or using the Service, you will be deemed to have read, understood and agreed to these Terms and Conditions. If you do not agree to be bound by these Terms, you may utilise the Service. By accessing the Website, creating an account or using the Service, you affirm that you have read this Agreement and understand, agree and consent to all Terms contained herein.

For additional questions regarding the service or terms please contact us via the following:

• Sending an email to help@apnuk.com;
• Calling 03303330320 (calls charged at local rate);
• Text HELP followed by your query to 85722;
• By writing to the above address.

HOW THE SERVICE WORKS

This service is for people aged 18 and above and is for people based in the United Kingdom of Great Britain and Northern Ireland. We used the first part of your post code to match you with other users in your area.

Any person over 18 and based in the UK can join the service, we require the following information before your profile is created:

Your Date of Birth to ensure that you are over 18;

Your agreement to the charges for the service by responding YES;

A brief profile about yourself that we can send to other user’s in your area;

The first part of your post code.

Once your profile has been created you will be put ‘online’ and we will send you profiles of people in your area by SMS. Once you find a profile of someone you would like to speak to simply respond to their profile as you would a normal text message, each message costs 50p from your service credits. If you do not wish to receive any further profiles text the word END to 85722 and you will be taken offline. You can still receive messages from other users during this time. To stop all messages text the word STOP to 85722.

All new users will receive free service credits, once the free service credits have been spent we will bill your handset in £5.00 increments for use of the service.

PHONE NETWORK SPENDING CAPS

The Phone Networks in the UK have a limit on how much providers can charge by Premium SMS to your handset.

Daily Limit – £30.00

Monthly Limit – £240.00

Upon reaching the Daily Limit your account will be ‘frozen’ until midnight.

Upon reaching the Monthly Limit your account will be ‘frozen’ until the first day of the following month. As an example, a customer who reaches their Monthly Limit on 8th December will be automatically ‘unfrozen’ on 1st January.

THE OPT-OUT PROCEDURE

It’s simple and easy for you to opt-out of (stop using) the Service. Simply text the word STOP to 85722 and your number will not receive any further messages. You will receive a confirmation text following your opt out. You can log back on at any time by texting the word JOIN to 85722.

YOUR USE OF THE SERVICE/VISITOR MATERIAL AND CONDUCT

You agree that in using the Service and Website you will not use the Service or Website in any way that may lead to the encouragement of or the carrying out of any illegal activity.

You agree that you will not use the Service or Website to engage in discussion of any subject that is illegal or grossly offensive. You agree you will not send messages or act in any manner which is defamatory, harassing, threatening, abusive or hateful or that degrades or intimidates on the basis of religion, sexual orientation, race, gender, ethnicity, age or disability.

You shall not use the service to engage in, promote or refer to any of the following:

• Paedophilia or any references to sexual acts with minors, including adults role-playing as minors;
• Any sexual activity which implies a lack of consent from the participants, such as rape or physical restraint;
• Bestiality
• Violent, degrading or humiliating sex;
• Prostitution;
• Drug use.

We reserve the right to, at our discretion, terminate your access to these services where we suspect that you may be in breach of the above.

REFUND POLICY

In the event that you’re not satisfied with our service and are within 30 days of your original purchase and none of the service credits purchased have been spent on the service your request for a full refund will be honoured.

If the service credits have been spent on the service then any remaining service credit less the free service credits given during the course of the sale will be refunded. For example if you purchase £75.00 of service credits for £50.00 and spend £30.00 of these, you would only be due a refund for the remaining £20.00 of the £50.00 that was originally paid.

You can request this in writing by emailing help@apnuk.com with proof of the charges. A refund will be made to the credit/debit card that was used.

CHARGEBACKS

In the event that All Points North Publications Ltd receive a chargeback from a customer, who has legitimately used the service as per the terms and conditions, then All Points North Publications Ltd will pursue the customer to retrieve the monies owed for the use of the service. All additional charges that All Points North Publications Ltd may incur, from either the merchant company or a recovery company, will be liable for payment by the customer, this includes any additional credit given as part of the sale. We also reserve the right to bar customers from the use of our services, should a chargeback be made against us.

YOUR REPRESENTATIONS

You represent that you are at least 18 years of age and that you will not permit a person under 18 to use the Service. You represent that the information provided by you when creating your account and your profile is materially accurate and is sufficient for us to bill you for your use of the Service. You are responsible for maintaining and promptly updating your account information with us for accuracy and completeness and keeping such information secure against unauthorized access. Unless agreed otherwise or required by applicable law, any warranties provided in relation to the Service only extend to you on the understanding that you are a non-commercial user and not a commercial user of the Service. You will use the Service only for your personal use and will not use the Service in connection with business, marketing, advertising purpose.

You agree to pay for the Service according the then current pricing structure, as may be changed from time to time by notice to you in the Terms and Conditions. You represent and agree that you release Company, its officers, directors, managers, employees and authorized agents from and against any legal claims based on the content of any text message you receive via the Service or any dispute or interaction between you and any other user of the Service or any person whom you met through the Service.

COMPANY REPRESENTATIONS AND DISCLAIMERS

It is our mission to provide our users with the finest text dating experience available. We believe in the efficacy of the Service. Please use caution and common sense when communicating with others and before meeting another user face-to-face. Company cannot prevent your receipt of text messages that may be offensive or deceptive. If you receive such a text message, or have concerns over the information in a profile, please request that we perform a profile review by contacting us as above.

We do not guarantee that you will have any specific or particular result or benefit from the Service, or that your experience will match those of others who use the Service. Individual results will vary from person to person. Company may from time to time utilize the services of persons who are compensated to enhance the Service experience of users and you acknowledge same. These will be identified in conversation with “This is an operator message” in the first message.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Company, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your use of the Service or inability to access the Website or Service.

TERMINATION

We reserve the right to terminate your access to or use of this Website and/or the Service in our sole discretion should we believe that you have violated any of this Agreement or any of its Terms or if we believe you have acted inappropriately to another user of the Service or for any other reason. In the event Company reasonably suspects that you have engaged in harassing or threatening behaviour towards Company or towards any user of the Service, Company reserves the right to share your personal information with law enforcement and you consent to same.

SEVERABILITY

If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force.

INTERGRATED AGREEMENT

These Terms and Conditions of Use constitute the entire agreement between you and Company and govern your use of the Service.