Terms and Conditions of using Have2Chat Pty Ltd Services
In order to use Have2Chat Pty. Ltd services you must agree to the terms and conditions set out within this document by either creating an account and clicking to accept or agree to the terms and conditions outlined in this document, or in the case of a guest user where an account has not been created by using the services provided by Have2Chat Pty Ltd. In the latter case Have2Chat Pty. Ltd will deem use of its service as an agreement that you understand and agree that Have2Chat will treat your use of the services provided as acceptance of the Terms from that point onwards.
1. Privacy
1.1 In using the services provided by Have2Chat Pty. Ltd you decide what information you want to share with other public users of this site in your account profiles, as such we will not be held liable for any circumstance where you have willingly provided information to other users of this site that has led to any loss, injury or damage to you as a result of willingly providing said information to other users of this site, wether in the form of written or verbal communication.
1.2 Information such as your name, profile photo (if you choose to have one), feedback rating, list of friends, gender or geographic location are considered upon use of this site to be publicly available to everyone who uses the services provided by Have2Chat Pty. Ltd.
1.3 Have2Chat Pty. Ltd is a free service and as such is supported by advertising; we will not share your information to advertisers without your expressed consent. We allow advertisers to select characteristics of users they want to show their advertisements to and we use the information we have collected to serve those advertisements.
1.4In signing up for services with Have2Chat Pty. Ltd you agree to provide us and allow us to collect information from you in regards to your name, gender and email address as standard, any additional information you choose to provide as part of the registration process above this is voluntary as a means to assist us in providing better services to you in the future.
2. Safety
Have2Chat Pty Ltd. Provides chat services both on an account or guest user basis, reasonable efforts will be taken to protect your information and security upon using this site, however Have2Chat requires users to meet the following commitments in order to ensure the safety of all users of this website and its services. We will not be held liable in any circumstance where the below commitments of use have been violated that have caused any user of this sites services any loss, offence, damages or injury.
1. Users will not send any unsolicited advertisements to any other users of this website, nor will you engage in any marketing schemes of any kind while a user of this website.
2. Users will not upload any viruses or malicious code.
3. Users will not solicit or use an account that belongs to anyone else.
4. We have a policy of respecting the rights of an individual to an opinion however we will not condone any bullying, harassment or intimidation of any user using this website. In such circumstances the result will be banning of said users account engaging in such activity.
5. Users will also agree not to post or provide other users any information in a written or verbal format that may be hateful, threatening, and pornographic or that may contain nudity or graphic violence. In these instances the company reserves the right again to ban any user engaging in such activities without notice.
6. Users agree not to use Have2Chat Pty. Ltd services in any way in order to conduct unlawful activities, or engage in misleading, deceptive or discriminatory conduct. In such cases where a user does engage in such conduct the company reserves the right to ban said user without notice.
7. Users agree not to facilitate or encourage any violations of the above commitments.
3. Registration and Account security
3.1 In becoming a user of Have2Chat Pty. Ltd you agree to not provide us with any information that is false or misleading with the aim of contravening any commitments outlined in this document, nor will you create an account for another person without their permission.
3.2 Users must be at least 16 years old to use this site and its respective services, any user that is below this age that has created an account will have their account suspended immediately and without notice.
3.3 You must not use this website under any circumstances if you have previously been convicted of any violent crime or are a sex offender. In cases where an account has violated this clause, that account will be terminated immediately with the company reserving the judgement as it deems fit wether to notify appropriate authorities to deal with this matter.
3.4 You will keep any account information such as login details safe, this includes not sharing this information with anyone else, any failure to keep your details safe is your responsibility and Have2Chat will not be held liable for any loss, injury or damage that compromising an accounts privacy has caused the user.
3.5 You will not transfer an account to another user without first receiving permission from Have2Chat Pty. Ltd.
3.6 As a user of this site you agree not to post content or take any action that may jeopardise, infringes or violates another person’s rights or violates the law.
3.7 If you collect information from users, you will: obtain their consent, make it clear you (and not Have2Chat Pty. Ltd. ) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
3.8 You will not use our copyrights or trademarks, or any confusingly similar marks, without our written permission.
3.9 You will not post anyone's identification documents or sensitive financial information on Have2Chat Pty. Ltd.
Limitation of Liability
HAVE2CHAT PTY. LTD WILL NOT BE HELD LIABLE IF ANY BREACHES OF ANY OF THE TERMS AND CONDITIONS/COMMITMENTS VIOLATED BY ANY USER HAVE RESULTED IN:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH HAVE2CHAT MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE HAVE2CHAT WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
THE LIMITATIONS ON HAVE2CHAT’S LIABILITY TO YOU ABOVE SHALL APPLY WHETHER OR NOT HAVE2CHAT HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT HAVE2CHAT’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
IN PARTICULAR, HAVE2CHAT, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HAVE2CHAT OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
HAVE2HAT FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.