Orange Chat

Terms and conditions

1. Definitions
2. Charges
3. Availability
4. Participation
5. Chat Safety
6. Your Obligations
7. Control of Orange Chat service
8. Orange Chat Licence Terms
9. Termination
10. General

1. Definitions
The following words and expressions shall have the following meanings:

"Messages" means: (i) if You are an Orange Talk Time Customer, text messages sent from Your Orange phone; (ii) if You are an Orange Internet Account Holder, web messages posted from your personal computer.

"Nickname" means an assumed name selected by You for the purpose of participating in the Orange Chat service.

"Orange" means Orange Personal Communications Services Limited, St James Court, Great Park Road, Almondsbury Park, Bradley Stoke, Bristol BS32 4QJ.

"Orange Chat" means a service provided by Orange to Orange Talk Time Customers and Orange Internet Account Holders to enable such customers to communicate Messages anonymously.

"Orange Internet" means www.orange.net.

"Orange Talk Time Customer" means any person who subscribes to Orange phone services.

"Orange Internet Account Holder" means any person who is a registered account holder for the purposes of obtaining Orange internet services via Orange Internet.

"You/Your" means an Orange Talk Time Customer and/or an Orange Internet Account Holder who is a registered Orange Chat.

2. Charges

2.1 Orange Talk Time Customers will be charged for Messages at applicable standard Orange price plan rates.

2.2 Orange reserves the right (in its sole discretion) to charge Orange Internet Account Holders for each Message sent. In the event that Orange elects to levy such a charge, Orange will notify Orange Internet Account Holders as soon as practicable.

2.3 Orange reserves the right to vary the charges for the Orange Chat service from time to time, such variations will be notified to You and will take effect one month after notification.

3. Availability

3.1 The Orange Chat service is available via your Orange Phone if You are an Orange Talk Time Customer and via your personal computer if You are an Orange Internet Account Holder (provided You have downloaded the required software from Orange Internet):

• if You are an Orange Internet Account Holder You will only be able to chat to an Orange Talk Time Customer, or an Orange Internet Account Holder provided they are registered Orange Chat customers;
• if You are an Orange Talk Time Customer You will only be able to chat from Your Orange Phone to another Orange Talk Time Customer or Orange Internet Account Holder provided they are registered Orange Chat customers.

4. Participation

4.1 In order to participate in the Orange Chat service, You must:-

• be 16 years of age or over;
• be up to date with all Your Orange account payments;
• if You are an Orange Internet Account Holder and are accessing Orange Chat via a personal computer, provide all equipment necessary to access Orange Internet and pay for the local telephone call charges (at rate published by your telephone operator) or other internet access charges incurred.

4.2 We operate a fair usage policy on the service. If, out of the total number of Messages which are both sent and received by You as part of the Orange Chat service, 80% or more of the Messages are SENT by You and only 20% or less of the Messages RECEIVED by You, We reserve the right to terminate your use of Orange Chat.

4.3 If You no longer wish to receive Messages from another Orange Chat customer You may, by following the instructions provided in the Orange Chat Explain Guide if You are an Orange Talk Time Customer or the instructions online if You are an Orange Internet Account Holder, request that Orange block receipt of Messages from Orange Chat customers You have identified by their Nickname.

5. Chat Safety

5.1 You understand and agree that by registering to participate in the Orange Chat service, You may be contacted by other users who are registered to participate in the Orange Chat service and consequently You acknowledge that:

• You should not give out personally identifiable information such as email, telephone numbers or addresses as other users may be dangerously misrepresenting themselves;
• there are risks associated with using the Orange Chat service;
• Orange is not responsible for and does not control or endorse any information or content transmitted or received by participants in the Orange Chat service;
• in the event that you are under 18, You should get your parent's or legal guardian'ss permission to use the Orange Chat service prior to registration.

6. Your Obligations

6.1 You must not (and must not authorise or permit any other person to) in Your use of Orange Chat:

• swear or use vulgar, offensive, obscene or abusive language;
• post or send sexist, racist or homophobic comments;
• incite arguments;
• impede or prohibit communication or disrupt the discussion including without limitation using Nicknames in topical chats that are offensive to the topic and repeatedly posting off-topic comments in topical chats;
• send Messages containing highly explicit or graphic descriptions or accounts of sexual acts including but not limited to sexual language of a violent or threatening nature to another individual or group of individuals;
• spam by sending repeat Messages of the same thing to flood the Orange Chat service or send junk mail, chain letters or unsolicited mass distribution of Messages;
• use the service to threaten, harass or stalk others participating in the service;
• impersonate someone including any friend, relative, host or member of the Orange staff;
• adopt an inappropriate Nickname, for example something vulgar or offensive. Orange reserves the right (at its sole discretion) to require You to choose an alternative Nickname;
• persistently send off topic comment in Messages to disrupt the service;
• advertise or offer products or services for sale;
• use hate speech anywhere on the service;
• solicit or send personal information from a minor under 18 years of age. Personal information includes full name, home address, home telephone number, school or other identifying information that would enable off line contact;
• send anything which contains or facilitates a transfer of software viruses or any other computer code files or programmes designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• send material that defames, abuses, threatens, promotes or instigates physical harm or death to others or oneself;
• incite illegal activity or act illegally or use the Orange Chat service to transmit or receive material which is contrary to any law or regulation;
• solicit for exchange, sale or purchase sexually explicit images and or material harmful to minors including but not limited to any photograph, film, video or picture or computer generated image or picture (actual or simulated);
• infringe any third party's intellectual property rights including but not limited to any copyright, trade mark, rights of publicity, rights of privacy or other proprietary rights;
• attempt to get a password or other private information from another user. Remember Orange employees will never ask for your password;
• otherwise use the service in a manner in a service deemed inappropriate by Orange or contrary to the Orange Online Member Agreement terms and conditions if You are an Orange Internet Account Holder.
• Orange reserves the right to terminate or suspend Your use of the Orange Chat service at any time in the event of breach of any of the above.

6.2 You agree to indemnify and hold Orange and its subsidiaries, affiliates, officers, agents and other partners, and employees, harmless for any claim or demand including reasonable legal fees made by any third party due to or arising out of material You submit, post or transmit through the service, Your use of the service, Your violation of the terms of service or Your violation of any rights of another.

6.3 You agree that you must evaluate, and bear all risks associated with the use of any Message or material contained therein including any reliance on the accuracy, completeness and usefulness of such Message or material contained therein.

7. Control of Orange Chat service

7.1 You acknowledge that Orange does not pre-screen Messages but that Orange shall have the right to remove any Message that violates the terms of service or is otherwise, in Orange's sole opinion, objectionable.

7.2 You understand and agree that any Message (including any material contained therein) transmitted or received or otherwise obtained from the Orange Chat service is done at your own discretion and risk.

7.3 You understand that Orange only provides 24 hour support for the Orange Chat Service via a customer support line on:-

• 451 or 07973 100451 for "Just Talk" Orange Talk Time Customers; or
• 156 or 07973 100156 for pay monthly Orange Talk Time Customers; or
• 07973 100451 or 07973 100156 for Orange Internet Account Holders;

and therefore any urgent queries should be direct to customer services via one of the telephone numbers set out above.

8. Orange Chat Licence Terms for Orange Internet Account Holder

8.1 You have the right to use Orange Chat only on Your own personal provided You comply with the licence terms set out in this clause 8 in relation to the Orange Chat software.

8.2 Orange grants You a non exclusive, revocable licence to use the Orange Chat software in connection with the Orange Chat service solely for Your personal, non commercial use.

8.3 You may not:-

• licence, sub licence, lease, rent or otherwise transfer rights to the software, service or documentation provided in relation to the software or service;
• modify, translate, de-compile, reverse engineer, disassemble or create derivative works based on the software, service or documentation; remove any proprietary notices or labels on the software, service or documentation;
• sell, re-sell or exploit for any commercial purposes, any use of the service.

8.4 The software is provided "as-is" and "as-available" without warranty of any kind, either express or implied including, but not limited to, any implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, security and accuracy. In no event shall Orange be liable whether in contract, tort, strict liability or otherwise for any damages including, without limitation, direct, special, consequential, indirect, exemplary or punitive damages (including, without limitation, loss of profits, business interruption, corruption of content, and loss or inaccuracy of information), arising out of your use, or inability to use, the software whether or not such damages were foreseeable and even if Orange was advised that such damages were likely or possible.

All rights in respect of the software are reserved.

9. Termination

9.1 Orange may, in its sole discretion, terminate Your or any other customer's participation in the Orange Chat service either temporarily or permanently.

9.2 Orange reserves the right to vary or withdraw (either temporarily or permanently) the whole or any element of the Orange Chat service at any time.

10. General

10.1 Orange may, in its sole discretion, revise these terms and conditions from time to time. Such variations shall be notified to You via email if you are an Orange Internet Account Holder or via a text message if you are an Orange Talk Time Customer. By continuing to use the Orange Chat service You will be deemed to accept such variations. If You do not agree to any changes You can terminate Your registration as an Orange Chat service customer by contacting Customer Services by email at customer.services@orange.co.uk, or writing to Orange Customer Services, PO Box 10, Patchway, Bristol, BS32 4QJ, or calling 444 from your Orange phone, or by sending "unreg" via text message to 444 from your Orange phone.

10.2 The Orange Chat service is subject to these terms and conditions and (i) the Orange Terms and Conditions for the Supply of Network Services (if You are an Orange Talk Time Customer); and/or (ii) the Orange Online Member Agreement (if You are an Orange Internet Account Holder) (collectively known as the "Main Service Terms"). In the event of any conflict between these Orange Chat terms and conditions and the Main Service Terms, the Main Service Terms shall take precedence.

10.3 These terms and conditions shall be governed by and construed in accordance with English law.