CHINWAG MESSAGING APPLICATION TERMS OF USE

 

1               ABOUT THESE TERMS

1.1           These Chinwag Messaging Terms of Use (‘Terms’) apply to your use of the Chinwag Messaging app [and website] (‘Chinwag Services’). The Chinwag privacy policy and cookies policy (‘Privacy and Cookies Policies’), which tell you how we collect and use personal data you provide to us or which we collect, also apply to your use of the Chinwag Services and can be found at www.chinwagmessaging.com.

1.2           PLEASE NOTE: Your attention is particularly drawn to those provisions highlighted in bold which contain important information about your and our liability.

1.3           By accessing or using the Chinwag Services you confirm you have read, understood and agree to be legally bound by these Terms and the Privacy and Cookies Policies in their entirety each time you access or use the Chinwag Services. If you do not agree to these Terms and/or the Privacy and Cookies Policies, please do not access or use the Chinwag Services.

 

2               INFORMATION ABOUT US

2.1           The Chinwag Services are owned and operated by Jomoco Limited (‘we’, ‘us’ and ‘our’). We are registered in England and Wales under company number 09809152 and our registered office is at Jomoco Ltd, PO BOX 101, HASLEMERE, UK, GU27 9GE.

2.2           If you have any queries in relation to these Terms, you can contact us at support@chinwagmessaging.com.

 

3               ACCESS AND USE OF THE CHINWAG SERVICES

3.1           The Chinwag Services may not be accessed or used by anyone under the age of [13]. By accessing and using the Chinwag Services, you confirm that you are over the age of 13.

3.2           If you are 13 or older but younger than 18:

3.2.1      you may not access or use the Chinwag Services unless you have obtained the prior consent of your parent or legal guardian; and

3.2.2      by accessing and using the Chinwag Services you confirm that you have obtained the prior consent of your parent or legal guardian.

3.3           You may access and use the Chinwag Services for lawful purposes only. You must not access or use the Chinwag Services in any way that breaches any applicable local, national or international law or regulation or which is in any way unlawful or fraudulent.

3.4           You are only allowed to access and use the Chinwag Services for personal, non-commercial use. Unless you have our prior written consent, you must not:

3.4.1      access, use or print any or all parts of the Chinwag Services for any commercial purpose;

3.4.2      copy, distribute, publish, alter, adapt, create derivative works from, or otherwise use any material or software which form the Chinwag Services (or any part of them), either in whole or in part, or attempt to do so;

3.4.3      disassemble, decompile, reverse engineer the whole or any part of any software used in or in relation to the Chinwag Services, or attempt to do so (except where such actions cannot be prohibited under applicable law because they are required to achieve inter-operability with another program);

3.4.4      remove any copyright, trade mark or other intellectual property notices;

3.4.5      use the Chinwag Services to transmit or procure the sending of any unsolicited or unauthorised spam or advertising material or to solicit for commercial purposes any users of the Chinwag Services;

3.4.6      seek to interfere with or damage the Chinwag Services or its content or inhibit others from fully enjoying the Chinwag Services;

3.4.7      frame, harvest or link to the Chinwag Services or its content or use the material on Chinwag Services, or any part of them, on any other application, website or social media platform;

3.4.8      use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as Xcode Automator, Android Monkey, etc., that accesses Chinwag Services in a manner that places a load on Chinwag Services in a given period of time greater than a human can reasonably produce in the same period.

3.4.9      send, upload or store any viruses, trojan horses, worms, logic bombs, spyware, adware, malicious code or other harmful materials or otherwise compromise, or attempt to compromise, the security of the Chinwag Services or incite or encourage any other person or entity to do the same; or

3.4.10   attempt to gain unauthorised access to the Chinwag Services, the server(s) on which it is stored or any server computer or data base connected to the Chinwag Services. You will not measure, scan or otherwise test the vulnerability of the Chinwag Services without our prior written consent.

3.5           Access and use of the Chinwag Services may result in mobile and/or data charges being incurred. You are responsible for these charges and we shall have no liability for any such charges at any time or in any circumstances. Any queries relating to mobile and/or data charges should be directed to your mobile service provider.

 

4               YOUR ACCOUNT

4.1           To use the Chinwag Services you will need to set up an account by downloading the Chinwag Messaging App and completing the user set-up process. New users must select a Chinwag username and specify the telephone number of the device onto which the application has been downloaded. You confirm that the details you provide to us in respect of your account are accurate and correct, and you are solely responsible for your account set-up information and must keep this up-to-date at all times.

4.2           It is your responsibility to keep access to your account secure. You must not:

4.2.1      allow any other person or entity to access or use your account and you must not share your user details with anyone else;

4.2.2      access or use (or attempt to access or use) the account belonging to any other user of the Chinwag Services;

4.2.3      create (or attempt to create) more than one account with us;

4.2.4      create (or attempt to create) an account using false, untrue or misleading details or using the personal details of another individual.

4.3           If you believe that another person or entity has accessed your account or has obtained your user details, you should notify us immediately on the contact details provided above.

4.4           You agree that at any time we may suspend or cancel your account with us for any reason, including (without limitation) if you have breached any of these Terms.

 

5               YOUR CONTENT AND MESSAGES

5.1           The Chinwag Services allow you to upload, create, send, receive and store images, pictures, diagrams, photographs, messages (which can be embedded within images) and other content (‘User Content’). Your Chinwag name and other details will be seen by those who you send your User Content to via the Chinwag services.

5.2           You warrant that you own your User Content, or that you have the necessary licences, rights or consents to use the User Content for the purposes of the Chinwag Services and in the manner contemplated by these Terms. In particular, where your User Content includes images of any identifiable individual(s), you confirm that you have the consent of such individual(s) to use their image(s) for the purposes of the Chinwag Services and in the manner contemplated by these Terms.

5.3           Your User Content will at all times belong to you (or, where relevant, the other person or entity who owns that User Content and licences it to you) and you shall at all times remain responsible for your User Content.

5.4           You grant to us (and our successor(s)) a world-wide, royalty free, perpetual, sub-licensable and transferable right and licence to use, modify, store, distribute and/or display (in any format) your User Content for the purposes of providing the Chinwag Services, promoting and marketing the Chinwag Services, improving and developing the Chinwag Services and otherwise in connection with the Chinwag Services.

5.5           You must respect the rights of others when using the Chinwag Services. In particular, you agree that your User Content will not:

5.5.1      infringe the intellectual property rights (including without limitation any copyright) of any other person or entity;

5.5.2      violate or infringe the privacy of any other person or entity;

5.5.3      defame, bully, harass or intimidate any other person or entity;

5.5.4      contain any content which is pornographic, abusive, violent (or inciting of violence), threatening or inciting of hatred or discrimination; or

5.5.5      contain any misleading or false statements that could harm us or the Chinwag Services or any third party.

5.6        We will not tolerate objectionable content or abusive users. You can notify us of objectionable content you have received via Chinwag Services using the contact details above.

5.7           We commit to respond within 24 hours of receipt of notification, will remove any content deemed as objectionable and eject the user who sent the offending content.

5.8           You agree that, at any time and without notice, we may access, review and/or delete your User Content for any reason, including (without limitation) if you have breached any of these Terms.

 

 

6               THIRD PARTY CONTENT AND LINKS

6.1           The Chinwag Services may include advertisements by third parties and third parties may also have use of the Chinwag Services (for example other users) to store, upload, send or receive their own content (“Third Party Content”). Although we may make sure that any such Third Party Content complies with these Terms, we are not required to review (and so may not have reviewed) this content.

6.2           We do not endorse, are not responsible for, and shall have no liability in respect of, any third party content you receive or have access to as a result of your use of the Chinwag Services including (without limitation) the Third Party Content or the content of any apps, sites or other materials linked to from the Chinwag Services (including without limitation those linked to by advertisements on the Chinwag Services).

6.3           If you have any concerns about, or would like to report suspected copyright infringement or other abuse in relation to, any third party content used or uploaded on the Chinwag Services or sent by third parties using the Chinwag Services, you should report these to us using the contact details provided above.

 

7               OUR CONTENT

7.1           We grant to you a non-exclusive, non-transferable, non-sub-licensable, revocable right and licence to access and use solely in accordance with these Terms:

7.1.1      the Chinwag Services; and

7.1.2      the Third Party Content.

7.2           You are not granted any rights or licences to use in any way any of our trademarks, logos, branding, designs or other intellectual property rights except to the extent required to use and receive the Chinwag Services.

7.3           Except for your User Content, we are the owner or licensee of all intellectual property rights arising out of in relation to the Chinwag Services and any related software and materials. This includes but is not limited to the text, photographs, images, graphics, illustrations, designs, written and other material including the program and code. Our rights include trademarks, copyright, design rights and all other intellectual property rights and all our rights are reserved.

7.4           If you acquire any rights in or to the Chinwag Services or related software or materials, you agree to assign those rights, on a worldwide basis, to us and unconditionally and irrevocably to waive all moral rights you may have acquired.

 

8               OUR LIABILITY

8.1           Nothing in these terms shall affect our liability for death or personal injury caused by our negligence, nor our liability for fraud or serious misrepresentation, nor any other liability which we are not permitted to exclude under applicable law.

8.2           We cannot and do not guarantee the availability of Chinwag Services or any Third Party Content and shall have no liability for any temporary or permanent unavailability of the Chinwag Services or any Third Party Content. We reserve the right to suspend access to all or part of the Chinwag Services or to close them indefinitely without notice. Access may be terminated or suspended either in relation to specific users or to all users.

8.3           We do not guarantee that the functions or materials on, or accessed from or through, the Chinwag Services shall be uninterrupted or free from errors. We make no warranties that our content and/or the Chinwag Services are complete and/or accurate.

8.4           You are solely responsible for ensuring that you have suitable equipment and security and virus protection in place before using Chinwag Services. We do not guarantee that the Chinwag Services, its content or the server(s) that make it available are error or virus free or free of other harmful components.  You are accessing Chinwag Services at your own risk and we will not be liable for any loss or damage suffered by you as a result of viruses or other harmful material which you access from the Chinwag Services.

8.5           Please be aware that we cannot guarantee the security of information transmitted over the internet. You understand that Chinwag Services does not guarantee any confidentiality with respect to any account details or User Content you upload, send, receive, store or otherwise use in relation to the Chinwag Services.

8.6           We must provide the Chinwag Services to you using reasonable skill and care and in compliance with these Terms and we are responsible for any loss or damage you suffer that is a foreseeable result of our failure to do this. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time you accessed or used the Chinwag Services and accepted these Terms in doing so. We do not accept liability for any indirect or consequential loss or damage (i.e. loss or damage which was not foreseeable) however such loss arises (whether in contract, tort (including negligence) or otherwise).

8.7           We do not make any other warranty or guarantee in respect of the Chinwag Services or your use of them.

8.8           Except where it results from our negligence or breach of these Terms, we are not responsible for and will have no liability (however it arises whether in contract, tort (including without limitation negligence) or otherwise) for:

8.8.1      any Third Party Content;

8.8.2      any unauthorised access or use of the Chinwag Services (or the servers on which the Chinwag Services are hosted);

8.8.3      any damage or loss incurred as a result of your use of the Chinwag Services or the use of any content you send or receive using the Chinwag Services; and

8.8.4      any errors or omissions in, or damage to or loss of, any content (including without limitation any User Content) which you send, post and/or receive when using the Chinwag Services.

8.9           Nothing in these terms affect your legal rights as a consumer. In the UK, advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

 

9               YOUR INDEMNITY

9.1           You agree to indemnify us (including without limitation our directors, officers and employees) against any and all claims, damages, losses and expenses (including legal fees) which we may incur as a result of or in relation to:

9.1.1      your access and use of the Chinwag Services;

9.1.2      any claim or allegation that your User Content breaches the rights of or causes damage to any third party (including without limitation any breach of third party intellectual property rights); and

9.1.3      any breach by you of these Terms.

 

10            CHANGES TO CHINWAG SERVICES

10.1        We want to ensure we provide you the best service possible and so we may develop, update and/or improve the Chinwag Services from time to time. [If we do this, these developments, updates and/or improvements may be applied automatically to your device from time to time.]  We also reserve the right to alter, remove or update materials and information on the Chinwag Services at any time without notice.

 

11            CHANGES TO THESE TERMS

11.1        We reserve the right to change these Terms at any time without notice.

11.2        It is your responsibility to check the Terms regularly in order to be aware of any changes which are made to them.

11.3        By continuing to access and/or use the Chinwag Services after the Terms have changed, you are agreeing that you have read, understood and agree to be bound by the updated Terms.

 

12            LAWS

12.1        If any of the terms is or becomes invalid or contravenes any law then the remaining provisions shall not be affected.

12.2        Chinwag Services shall be deemed solely based in the UK.

12.3        These Terms are governed by English law. You and we both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of another country in the EU, you may also bring proceedings in that other EU country.

12.4        No waiver shall constitute a waiver of any other terms.  No failure by us to exercise a remedy shall constitute a waiver to subsequently exercise any remedy.

© Jomoco Limited

All rights reserved.