Terms of Service

This Terms of Service was last modified on December 19, 2018.
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the website under the domain CHATCAMPAIGN.TECH and CHATCAMPAIGN.IO (the “Service”) operated by ChatCampaign Limited, a Hong Kong company (“CHATCAMPAIGN”, “us”, “we”, or “our”).

By implementing or using the Service (as defined below) on Your website, service or application, or by using, or signing up for an account on Our Site, You agree that You are authorized to accept this Agreement on behalf of Yourself and that You are bound by this Agreement. If You are agreeing to this Agreement for use of the Service by an organization, then You are agreeing to this Agreement on behalf of that organization (and “Customer,” “You” and “Your” will refer to that organization). You must have the authority to bind that organization to this Agreement; otherwise You must not sign up for the Service. By using the Service, You are representing and warranting that You are over the age of 18, or the legal age of majority in your jurisdiction of residence. CHATCAMPAIGN does not make the Service available to anyone under the age of 13.

Your use of the Service and each website (each a “Site”) owned and operated by CHATCAMPAIGN are governed by these Terms of Service. The Service is comprised of certain CHATCAMPAIGN proprietary software (the “Software”) that allows You to obtain statistics based on website visitors to your website, service, or application, (the Software and services provided thereby and from Our Sites shall be collectively known as the “Service(s)”).

You must affirmatively agree to and indicate your acceptance of these Terms of Service and the Privacy Policy (individually or collectively the “Agreement”) in order to use the Service. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR THE SERVICE.

Please note that if You have executed a separate written agreement with CHATCAMPAIGN regarding your use of certain of Our Services, then that agreement, and not these Terms of Service, applies to those Services.

Service
  1. Subject to the terms and conditions of this agreement and any other exhibits or addendum(s) attached herein (“Agreement”) and in consideration of Fees and Charges specified in this Agreement, ChatCampaign Limited (“ChatCampaign”) will grant to the Subscriber a limited, nontransferable, non-exclusive license to use the ChatCampaign Application Services (“Application Services”) as specified in this Agreement effective upon the Effective Date, unless otherwise terminated, continue thereafter until the 1st anniversary of the Effective Date of this Agreement.
  2. You may cancel this agreement anytime during the first 30 days (calculated from the date of your first login) and receive a full refund.
  3. The Subscriber shall not through the Application Services to publish, reproduce, copy, distribute or circulate any unsolicited advertised or promotional information or any content that is obscure, indecent, seditious, offensive, defamatory, discriminatory or in broach of confidence.
  4. During the Licensed Period, provided that the Fees and Charges as specified in this Agreement are fully paid, ChatCampaign agrees, with its judgment, to provide telephone technical support services to the Subscriber within normal business hours in order that the Application Services operate satisfactorily according to the published documentations.
  5. For the purposes of the provision of the Personal Data (Privacy) Ordinance or other wise, the Subscriber hereby further acknowledges, agrees and authorizes ChatCampaign to access, copy, amend or delete any content uploaded or otherwise provided by the Subscriber through the use of the Application Services where any content is, or is alleged to be, defamatory, in breach of copyright, illegal or is otherwise not appropriate in ChatCampaign’s sole opinion to be accessed or otherwise provided by or through the use of the Application Services.
  6. The use of the Application Services shall be at the sole risk and for the sole account of the Subscriber and ChatCampaign shall not be liable in any respect to the Subscriber for or in respect of the use by the Subscriber of the Application Services. The Subscriber acknowledges and agrees to indemnify ChatCampaign from and against any and all action claims costs demands and proceedings arising out of or in connection with the use by the Subscriber of the Application Services whether accessed through the Subscriber’s network(s) or account(s) or its password(s) or otherwise including but not limited to claims for defamation, infringements of copyright or any other intellectual property rights and any breach or non-observance of any terms of this Agreement by the Subscriber.
  7. ChatCampaign reserves the right to disconnect or deactivate the Application Services at any time without giving prior notice and refunds. In practice, subject to Clause 10 and 11, ChatCampaign will endeavor not to do this except during scheduled maintenance periods or in situation where the equipment or software is interfering with other services of ChatCampaign. Subscriber must comply with ChatCampaign’s requirements as regards access to equipment and/or use of the Application Services.
  8. ChatCampaign further disclaims any representation, warranty or responsibility in relation to the provision of the Application Services, the results to be obtained and to the extent permitted by law, ChatCampaign expressly disclaims any warranties whether expressed or implied as to title, fitness for a particular purpose, merchantability or standard of quality of Application Services unless otherwise specifically mentioned in this Agreement.
  9. In no event shall ChatCampaign or its employees be liable to anyone for any or any special, incidental or consequential damages arising out of or in connection with the use of (or inability to use) the Application Services, including, without limitation, damage resulting from loss of profits or loss of data delays, non-deliveries, wrong deliveries, or service interruptions whether caused by ChatCampaign or it employees and regardless or whether attributable to any negligent act or omission of ChatCampaign or of such employees or otherwise.
  10. ChatCampaign reserves the right to amend any particular software including client software, information or facility which it provides or may provide through the Application Services. The Subscriber agrees to abide by all applicable laws relating to the use of the Application Services and any content which are in force, as amended from time to time, when using the Application Services. The Subscriber must abide by generally accepted rules of conduct relating to the proper use of internet resources as well as those policies of any other networks accessed via ChatCampaign. ChatCampaign has the sole right to define and interpret the above rules of conduct and policies.
  11. The minimum subscription period is for one year but under reasonable circumstances, the Subscriber may, by serving one month’s notice in writing to ChatCampaign, terminate this Agreement. No refund will be given upon the cancellation of the Agreement.
  12. ChatCampaign will invoice the Subscriber as specified in this Agreement by post or via the internet. Such payment to be made by the due date for payment as specified on the invoice, without set-off. If the Subscriber does not pay the full invoiced amount within 30 days after the due date, the Application Services will be subject to interruption without notice. Services will not be restored until all necessary restoration fee and overdue charges are paid in full. The Application Services restoration may take up to 30 days after payment.
  13. Subject to clause 11, ChatCampaign may terminate the Agreement and the Application Services at any time on the giving of one calendar month’s notice to the Subscriber without refunds.
  14. During the contract term, Subscriber is allowed to upgrade its monthly package with one month written advance notice. For downgrade, a handling charge will be applied and the downgrade will only be effective at the beginning of the following ChatCampaign’s billing period.
  15. Any termination of this Agreement shall not affect any accrued rights or liability of either party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force or after such termination.
  16. All payments are non-refundable and prices for all services are subject to change without prior notice. For current pricing, please contact ChatCampaign or its business partners for details.
  17. All sum set forth in this Agreement are exclusive of any tariffs, duties or taxes (other than franchise or income taxes for which ChatCampaign is responsible) imposed or levied by any government or governmental agency including, without limitation, sales, use, value added withholding taxes and personal property taxes, and the Subscriber agrees to pay any such tariffs, duties or taxes upon presentation of invoices by ChatCampaign. Any claimed exemption from such tariffs, duties or taxes must be supported by proper documentary evidence delivered to ChatCampaign.
  18. If the Subscriber is in breach of any of the terms of this Agreement, including late payment of any part of any invoices, then ChatCampaign may at any time, at its sole discretion and without prejudice to any other remedy available to it at law, either disconnect or deactivate or suspend the Subscriber’s access to and use of the Application Services until such breach is remedied, or terminate this Agreement and the Subscriber’s access to and use of the Services immediately.
  19. This Agreement may be assigned by ChatCampaign at any time.
  20. No failure or delay on the part of ChatCampaign to exercise any right or remedy under this Agreement shall be construed or operate as a waiver thereof nor shall any single or partial exercise of any right or remedy preclude the further exercise of such right or remedy as the case may be.
  21. The Agreement is governed by the laws of Hong Kong Special Administrative Region and the Subscriber hereby submit to the non-exclusive jurisdiction of the courts of Hong Kong Special Administrative Region.
  22. This Agreement, together with any additional sheets attached and signed by the parties represents the entire Agreement between ChatCampaign and the Subscriber with respect to the Licensed Service and it supersedes all prior Agreement, proposals, representations and other understandings, whether oral or written by the parties. No alteration or modification of this Agreement will be valid unless made in writing and signed by a Director or other duly authorized representative of ChatCampaign and of the Subscriber.
Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion.

Customer User Data

Our Services uses data (“Customer User Data”) about how your customers and other users (your “Users”) use and interact with your website, services and applications (including without limitation User name, postal address, e-mail address, IP address and phone number). We enable You to specify the Customer User Data that You send, and, at your direction, to pass that data into the CHATCAMPAIGN Service, and to and from a variety of third-party tools and services. CHATCAMPAIGN may also store Customer User Data in connection with the Service. CHATCAMPAIGN is not responsible for inspecting the Customer User Data that it collects, and collects such information automatically under your direction when providing Our Service.

As between Customer and CHATCAMPAIGN, Customer shall retain all right, title and interest in and to the Customer User Data. Customer acknowledges that CHATCAMPAIGN exercises no control whatsoever over the content of the information (including Customer User Data) passing through CHATCAMPAIGN’s systems and networks in connection with providing the Service. Customer will be responsible for the accuracy, quality and legality of Customer User Data and the means by which Customer acquired the Customer User Data.

We collect, store, and use your Customer User Data on Our servers to provide You with the Service. Our Service transfers data to servers that store User data in the U.S. and outside the U.S. We only share User information as You direct and with others under special circumstances as follows:

  • With third parties who work on Our behalf to provide You the Service (including, without limitation, maintenance, administration, support, payment, hosting and database management services). These third parties may have access to your Customer User Data only to perform these tasks on Our behalf in accordance with this Agreement and are obligated not to disclose or use it for any other purpose;
  • To comply with laws or to respond to lawful requests and legal process;
  • To protect the safety, rights and property of CHATCAMPAIGN, Our agents, customers, and others (including emergency situations), and to enforce Our agreements, policies, and terms of use; and
    For the purposes of a business deal (or negotiation of a business deal) involving sale or transfer of all or a part of Our business or assets (business deals may include, for example, any merger, consolidation, acquisition, reorganization or sale of assets or in the event of bankruptcy).

We provide You with access to your Customer User Data and ability to delete any of your User data (subject to Our legal obligations). We also take commercially reasonable steps to safeguard Customer User Data. Provided, however that no security system is impenetrable. It may be possible for third parties to intercept or access Customer User Data, and We cannot guarantee the security of such information and is not responsible for unauthorized access to your account or Customer User Data.

You agree to comply with all applicable privacy and data protection regulations. You agree to provide appropriate notices to your Users about, and if required by applicable laws, obtain appropriate consent from Users for, your information collection and use practices relating to your use of Our Services, and your use of any service providers or other third parties that You instruct to send us data or to whom You instruct us to send Your Customer User Data. You will not collect or provide us with any Customer User Data (or have a third party do the same), nor request us to collect from, or forward any Customer User Data to, any third party, or request (through the CHATCAMPAIGN Service or directly) such third party to perform any processing or transmission, in violation of any law, regulation, or third party right, including without limitation intellectual property, privacy or contractual right. We will not be responsible for any act omission of any third party that You request to provide us with Customer User Data or to whom You request us to forward your Customer User Data, and You will indemnify and hold us harmless arising out of or related to their provision or use of the Customer User Data.

You, and any third party on Your behalf, shall not provide CHATCAMPAIGN with any data that is considered “sensitive personal data” under the EU Data Protection Directive 95/46/EC, or that is otherwise subject to heightened restrictions relating to the transmission or processing of data for the jurisdictions in which You and CHATCAMPAIGN operate. Examples of such restrictive frameworks include, but are not limited to, the Health Insurance Portability and Accountability Act, the Children’s Online Privacy Protection Act, and the standards promulgated by the PCI Security Standards Council. It is your responsibility at all times to ensure that the means of passing data to CHATCAMPAIGN, as well as the data itself, along with your directives that We pass this data on to third party tools, at all times comply with the laws, regulations and agreements to which You, the data, or CHATCAMPAIGN are subject.

CHATCAMPAIGN collects, stores, and uses Customer User Data to maintain and improve the Application Services. CHATCAMPAIGN may also use Customer User Data in an aggregated form for CHATCAMPAIGN’s own purposes.

We may also collect registration and other information about You as Our customer through Our Site. Our collection and use of information collected about You on Our website is governed by Our Privacy Policy, available at localhost:3000/page/privacy/. Our Privacy Policy does not cover Customer User Data. It is your obligation to provide your own privacy policy or notice to your Users as set forth in this Agreement.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by ChatCampaign Limited

ChatCampaign Limited has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that ChatCampaign Limited shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Hong Kong, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.

Want a tour of ChatCampaign?
REQUEST A DEMO
 Copyright 2019 © ChatCampaign Limited all rights reserved