TERMS OF SERVICE
Last modified: September 2018
Our vision is to connect the world by bringing a simple and an all-in app that helps users in their daily interactions using cloud-based infrastructure and connectivity for the best efficiency.
In order to provide our Services (as defined below) through our apps, services, features, software, or website, we need to obtain your express agreement to our Terms of Service (“Terms ” or ” Agreement“) which create a legally binding contract between you and CHAT LTD, a company incorporated and registered in England and Wales with company number and whose registered office is at One, Broadgate Circle, London, United Kingdom, EC2M 2QS (“CChat “, “we“, “our” or “us“)so please read them carefully. You agree toour Terms by registering, installing, accessing, or using CChat, its services, features, software, or website.
This Agreement applies to all users of our Services, including CChat users who are also contributors of content, information, and other materials or services.
In some countries, there are restrictions on your use of CChat, it is your responsibility to ensure that you are legally allowed to use CChat where you are located, and certain CChat functionalities may not be available in some countries.
ACCESSING TERMS IN DIFFERENT LANGUAGES
We may translate these Terms into multiple languages. Is there is any difference between the English version and any other language version of these Terms, the English version will apply (to the extent permitted by applicable laws and regulations).
CChat provides the services described below to you (collectively, ” Services“):
- Privacy principles
- Connecting you with other people
Using your phone’s Internet connection, we provide simple and efficient ways for you to communicate with other CChat users through fast and secure free mobile instant messages, voice and video calls, VOIP, conference calls, sending images, video and files of any type (doc, zip, mp3, etc), and sharing your location, contacts, brand and products with others when you choose. We provide a convenient platform that enables you to create groups or channels for broadcasting to unlimited audiences and make international low cost calls to mobile and landline which will help you to reach beyond your contacts on CChat. If you want, you can enable self-destruction of your messages through oursecret chat feature.
- Communicating with Brands
We provide ways for you and third parties, like businesses, to communicate with each other using CChat, such as through brand pages, booking, order, transaction, and appointment information, delivery and shipping notifications, product and service updates, direct messaging, voice chat and voice calls with businesses, promotions and marketing.
Messages you may receive containing marketing could include an offer for something that might interest you but only from brands you have decided to follow. We do not want you to have an unpleasant or spammy experience; as with all of your messages you send through CChat, you have a full control over your communications with Brands.
Brand catalogue will allow brand owners (also CChat users) to create their own categories and present their products and services and easily share in their one to one chat, group chats and channels. Brand owners are able to create different chat departments and allocate agents so that people can send private messages to brans to ask questions, simply get in touch or make suggestion and do it all efficiently without the unnecessary hassle.
We also provide brand channels (public or private) which are a tool for broadcasting public messages to large audiences. The message is signed with the channel’s name and not yours. You can also enable comments on each post if you are looking for feedback or participation and engagement with your followers.
- In-app translation
We will support your contact with people speaking different language by providing you real time translation for your messages, which will be shown just below the original message separated with a line.
- Business partnerships
CChat works with partners, service providers, and affiliated companies (” CChat Partners“) to help us provide ways for you to connect with their services efficiently. This may be achieved through API/SDK integration of other applications into CChat or CChat’s integration into other applications. We use the information we receive from them to help operate, provide, and improve our Services for your best possible experience.
- Ways to improve our Services
We continuously analyse how you make use of CChat, in order to improve all aspects of our Services described here, including helping us and CChat Partners who use CChat to measure the effectiveness and distribution of their services and messages through CChat. CChat uses the information it has and also works with partners, service providers, and affiliated companies to do this.
- Safety and abusive behaviour
We work to protect the safety and security of CChat by appropriately dealing with abusive people and activity and violations of our Terms. We prohibit misuse of our Services, harmful conduct towards others, and violations ofourTerms and policies, and address situations wherewe may be able to help support or protect our community. We develop automated systems to improve our ability to detect and remove abusive people and activity that may harm ourcommunity and the safety and security of our Services. Ifwe learn of people or activity like this, we will take appropriate action by removing such people or activity or contacting law enforcement. We share information with other affiliated companies when we learn of misuse or harmful conduct by someone using our Services.
- Global access and security
To operate our global Service, we need to store and distribute content and information in data centres and systems around the world, including outside your country of residence. This infrastructure may be owned or operated by ourservice providers, CChat Partners or other affiliated companies to achieve the highest standard of security.
ABOUT OUR SERVICES
You must register for our Services using accurate information, provide your current mobile phone number. You agree to receive text messages and phone calls (from us or our third-party providers) with codes to register for ourServices.
You provide us, all in accordance with applicable laws, the phone numbers of CChat users and your other contacts in your mobile address book on a regular basis, including for both the users of our Services and your other contacts.
If you live in a country in the European Economic Area (including European Union) and any other included country or territory (” European Region“), you must be at least 16 years old to use our Services or such greater age required in your country to register for or use our Services. If you live in any other country except those in the European Region, you must be at least 13 years old to use our Services or such greater age required in your country to register for or use our Services. In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to ourTerms on your behalf.
Devices and software
You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. In order to use our Services, you consent to manually or automatically download and install updates to ourServices. You also consent to our sending you notifications via CChat from time to time, as necessary to provide our Services to you.
Fees and taxes
You are responsible for all carrier data plans, Internet fees, and other fees and taxes associated with your use of our Services.
You expressly agree and understand that the Service is not intended to support or carry emergency or time-critical calls or communications to any type of hospital, medical care unit police, enforcement agencies, fire brigade or any other kind of emergency or time-critical service(s). CChat its affiliates or staff are in no way liable for such emergency calls or communications.
USE OF OUR SERVICES
Our Terms and policies
You must use our Services according to our Terms and other policies, as amended from time to time. If you violate our Terms or any of those policies, we may take action with respect to your account, including disabling or suspending your account and, if we do, you must not create another account without our permission.
Legal and acceptable use
You must access and use our Services only for legal, authorised, and acceptable purposes. You will not use (or assist others in using) our Services in ways that:
- violate, misappropriate, or infringe the rights of CChat, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights;
- are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal or otherwise inappropriate, including promoting violent crimes;
- involve publishing falsehoods, misrepresentations, or misleading statements;
- impersonate someone;
- involve sending illegal or impermissible communications, such as unsolicited advertising, bulk messaging, auto-messaging, auto-dialling, and the like; or
- involve any non-personal use of our Services unless otherwise authorised by us.
Harm to CChat, our users or CChat Partners
You must not (or assist others to) directly, indirectly, through automated or other means access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harmus, our Services, systems, our users, or others, including that you must not directly or through automated means:
- reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services;
- send, store, or transmit viruses or other harmful computer code through or onto our Services;
- gain or attempt to gain unauthorized access to our Services or systems;
- interfere with or disrupt the safety, security, or performance of our Services;
- create accounts for our Services through unauthorized or automated means;
- collect the information of or about our users in any impermissible or unauthorised manner;
- sell, resell, rent, or charge for our Services in an unauthorized manner;
- distribute or make our Services available over a network where they could be used by multiple devices at the same time, except as authorized through tools we have expressly provided via our Services; or
- create software or APIs that function substantially the same as our Services and offer them for use by third parties in an unauthorised manner.
Keeping your account secure
You are responsible for keeping your device and your CChat account safe and secure, and you must notify us promptly of any unauthorised use or security breach of your account or our Services.
Depending on the Services you use or sign up for, you may, from time to time, be required to pay additional fees or credits in connection with the Service. For example, you may want to purchase special CChat’s branded stickers to use them in your communications through CChat. We will describe any such additional Service and state the applicable fee very clearly. If you decided to purchase it, we may need to select your preferable payment method and take the appropriate payment from you which would represent the fee or credit required. Once the purchase is complete, we shall in no circumstances, be required to provide a refund for any payments made by you to us in relation to any items, products or Service within CChat (whether used or unused).
We may from time to time make available payment methods to you for automatic, recurring or subscription-based charges. Where we do so, you agree that (subject to applicable laws and regulations):
- such purchases or payments are generally made by you on an advance basis. Unless the purchase was on a subscription basis, we will notify you prior to any automatic renewals;
- you authorise us to:
- save your chosen payment method’s information (e.g. credit card information, PayPal information etc) on CChat; and
- bill your chosen payment method for the relevant time-periods as chosen by or notified to you;
- if any payment made via your chosen payment method is rejected, denied or returned unpaid for any reason:
- we may not provide you with, or suspend our provision of, the relevant Services until payment is properly processed; and
- you are liable to us for any fees, costs, expenses or other amounts we incur arising from such rejection, denial or return (and we may automatically charge you for such amounts); and
- we will provide you with further instructions within CChat regarding how you may update or cancel the relevant payment method.
We may change any fees that we charge for CChat (or any parts of CChat) at any time upon publication within CChat. If you do not accept such change to the fees, we may be unable to provide CChat (or the relevant part of WeChat) to you.
If you believe that we have charged you in error, and subject to applicable laws and regulations:
- you must contact us within 30 days of the date of the relevant charge; and
- no refunds will be given for any erroneous charges after such 30 days period.
We may process payments from you in CChat via a third-party service, and we may provide your relevant Information to such third-parties to process your payments. You agree to comply with that relevant third-party’s terms and conditions in relation to the payment processing service.
CChat has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third-party that you interact with through the Services. In addition, CChat will not and cannot monitor, verify, censor or edit the content of any third-party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
CChat does not claim ownership of the information that you submit for your CChat account or through our Services or information you exchange with CChat Partners. You must have the necessary rights to such information that you submit for your CChat account or through our Services and the right to grant the rights and licenses in our Terms.
CChat ‘s Rights
We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, or other intellectual property rights unless you have our express permission and consent. You may use the trademarks of CChat Partners and other affiliated companies only with their permission and in accordance with their own terms and instructions, including as authorised in any published brand guidelines (if any).
Your license to CChat
CChat’s License to you
We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
Intellectual property infringement
We may take action with respect to your account, including disabling or suspending your account, if you infringe the intellectual property rights of others.
We will use reasonable skill and care in providing our services to you and in keeping it a safe, secure, and error-free environment but CChat does not make any representations or give any warranties, conditions or other terms concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through our Services. Many factors, including your local network, your internet service provider, your firewall, your power supply, the public telephone network, and the public internet, may affect your ability to use our Services and the quality of your communications through CChat, and may result in the failure of your communication. CChat is not responsible for any disruption, interruption or delay caused by any failure of or inadequacy in any of these factors or any other items over which CChat has no control.
CChat and our affiliates, directors, officers, stockholders, employees, licensors, suppliers and agents will not be liable for any indirect, incidental, special, consequential, punitive or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses, resulting from:
- your use of our Services or inability to use our Services;
- your access to or inability to access our Services;
- the conduct or content of other users or third-parties on or through our Services; or
- unauthorised access, use or alteration of your content.
In no event will CChat or their affiliates’ aggregate liability for all claims relating to the Services exceed the greater of £100.00 or the amount you paid us in the last 12 months for any paid Services.
If anyone brings a claim (“Third Party Claim“) againstus related to your actions, information, or content on CChat, you will, to the fullest extent permitted by law, indemnify and hold CChat harmless from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following:
- your access to, use or misuse of our Services, including information provided in connection with the Services;
- your breach of our Terms or of applicable laws; or
- any misrepresentation made by you.
You will cooperate as fully as required by us in the defence or settlement of any Third Party Claim. Your rights with respect to CChat are not modified by the foregoing indemnification if the laws of your country of residence, applicable as a result of your use of our Services, do not permit it.
This Agreement and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. You agree that courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement (including non-contractual disputes or claims).
AVAILABILITY AND TERMINATION OF OUR SERVICES
Availability of our Services
We are always trying to improve our Services. That means we may add or remove our Services, features, functionalities, and the support of certain devices and platforms. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time after a notice period of 30 days, where possible. Events beyond our control may affect our Services, such as events in nature and other force majeure events.
Although we hope you remain a CChat user, you can terminate your relationship with CChat anytime for any reason by deleting your account.
We may also modify, suspend, or terminate your access to or use of our Services anytime for suspicious or unlawful conduct, including for fraud, or if we reasonably believe you violate our Terms or create harm, risk, or possible legal exposure for us, our users, or others.
The following provisions will survive any termination of your relationship with Chcat: “LICENSES,” “WARRANTY DISCLAIMER,” “OUR LIABILITY,” “INDEMNITY,” “DISPUTE RESOLUTION,” “AVAILABILITY AND TERMINATION OF OUR SERVICES” and ” GENERAL TERMS.”
If you believe your account’s termination or suspension was in error, please contact us at email@example.com no later than 7 days of the termination or suspension.
- Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding CChat and our Services, and supersede any prior agreements.
- We reserve the right to designate in the future that certain of our Services are governed by separate terms (where, as applicable, you may separately consent).
- Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.
- Any amendment to or waiver of our Terms requires our express consent. You have the right to terminate your relationship with CChat at any time by deleting your account.
- We may, in our absolute and sole discretion, amend, modify, update or replace any of part of this Agreement. Unless otherwise required by law, we will provide you at least 30 days’ notice of amendments to our Terms (through a CChat notification and by sending you an email), which will give you the opportunity to review the revised Terms before continuing to use our Services. We will also update the ” Last Modified” date at the top of our Terms. Changes to these Terms shall become effective no sooner than 30 days after we provide notice of planned changes. Please note that we may not be able to provide such notice for changes to these Terms that are required to address technical evolutions of our Services or for changes made for legal reasons, both of which will become effective immediately, so we recommend that you come back and review these Terms regularly.
- If you do not agree with the new Terms, you are free reject them. Unfortunately, that means you will no longer be able to use the Services. Your continued use of our Services following the notice period of planned changes confirms and constitutes your acceptance of our Terms, as amended.We hope you will continue usingCChat, but if you do not agree toour Terms, as amended, you must stop using our Services by deleting your account or it will be automatically deactivated by us.
- All of our rights and obligations underour Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner. In the event of such an assignment, these Terms will continue to govern your relationship with such third party. We hope you will continue using CChat, but if you do not agree to such an assignment, you must stop using our Services by deleting your account.
- You will not transfer any of your rights or obligations underour Terms to anyone else without our prior written consent.
- Nothing in our Terms will prevent us from complying with the law.
- Except as contemplated herein, our Terms do not give any third-party beneficiary rights.
- If we fail to enforce any of our Terms, it will not be considered a waiver.
- If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions ofour Terms, and the remaining portion of our Terms will remain in full force and effect.
- We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract. Also, in certain jurisdictions, you may have legal rights as a data subject, and our Terms are not intended to limit such rights that may not be waived by contract.
- We always appreciate your feedback or other suggestions about CChat and our Services, but you understand that you have no obligation to provide feedback or suggestions and that we may use your feedback or suggestions without any obligation to compensate you for them.
We always love to hear from our users. So if you wish to share your thoughts with us or suggest howCChat can be improved, please email us on firstname.lastname@example.org .