By accessing and placing an order with
KoChat, you confirm that you are in agreement with and
bound by the terms of service contained in the Terms & Conditions outlined
below. These terms apply to the entire website and any email or other type of
communication between you and KoChat.
Under no circumstances shall KoChat team be
liable for any direct, indirect, special, incidental
or consequential damages, including, but not limited to, loss of data or
profit, arising out of the use, or the inability to use, the materials on this
site, even if KoChat team or an authorized representative has been advised of
the possibility of such damages. If your use of materials from this site
results in the need for servicing, repair or correction of equipment or data, you
assume any costs thereof.
KoChat will not be responsible for any
outcome that may occur during the course of usage of
our resources. We reserve the rights to change prices and revise the resources
usage policy in any moment.
KoChat grants you a revocable, non-exclusive,
non-transferable, limited license to download, install and use the app strictly
in accordance with the terms of this Agreement.
These Terms & Conditions are a contract
between you and KoChat (referred to in these Terms & Conditions as
"KoChat", "us", "we" or "our"), the
provider of the KoChat website and the services accessible from the KoChat
website (which are collectively referred to in these Terms & Conditions as
the "KoChat Service").
You are agreeing to be bound by these Terms
& Conditions. If you do not agree to these Terms & Conditions, please
do not use the KoChat Service. In these Terms & Conditions, "you"
refers both to you as an individual and to the entity you represent. If you
violate any of these Terms & Conditions, we reserve the right to cancel
your account or block access to your account without notice.
To help explain things as clearly as possible
in this Terms & Conditions, every time any of these terms are referenced,
are strictly defined as:
You agree not to, and you will not permit
others to:
Thanks for shopping at KoChat. We appreciate
the fact that you like to buy the stuff we build. We also want to make sure you
have a rewarding experience while you’re exploring, evaluating, and purchasing
our products.
As with any shopping experience, there are
terms and conditions that apply to transactions at KoChat. We’ll be as brief as
our attorneys will allow. The main thing to remember is that by placing an
order or making a purchase at KoChat, you agree to the terms along with KoChat’s Privacy Policy.
If, for any reason, You
are not completely satisfied with any good or service that we provide, don't
hesitate to contact us and we will discuss any of the issues you are going
through with our product.
Any feedback, comments, ideas, improvements or suggestions (collectively,
"Suggestions") provided by you to KoChat with respect to the app
shall remain the sole and exclusive property of KoChat.
KoChat shall be free to use, copy, modify,
publish, or redistribute the Suggestions for any purpose and in any way without
any credit or any compensation to you.
We've updated our Terms &
Conditions to provide you with complete transparency into what is being
set when you visit our site and how it's being used. By using our app,
registering an account, or making a purchase, you hereby consent to our Terms
& Conditions.
This Terms & Conditions applies only to
the Services. The Services may contain links to other websites not operated or
controlled by KoChat. We are not responsible for the content, accuracy or
opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us.
Please remember that when you use a link to go from the Services to another
website, our Terms & Conditions are no longer in effect. Your
browsing and interaction on any other website, including those that have a link
on our platform, is subject to that website’s own rules and policies. Such
third parties may use their own cookies or other methods to collect information
about you.
KoChat uses "Cookies" to identify
the areas of our app that you have visited. A Cookie is a small piece of data
stored on your computer or mobile device by your web browser. We use Cookies to
enhance the performance and functionality of our app but are non-essential to
their use. However, without these cookies, certain functionality like videos
may become unavailable or you would be required to enter your login details
every time you visit the app as we would not be able to remember that you had
logged in previously. Most web browsers can be set to disable the use of
Cookies. However, if you disable Cookies, you may not be able to access
functionality on our app correctly or at all. We never place Personally
Identifiable Information in Cookies.
You acknowledge and agree that KoChat may
stop (permanently or temporarily) providing the Service (or any features within
the Service) to you or to users generally at KoChat’s
sole discretion, without prior notice to you. You may stop using the Service at
any time. You do not need to specifically inform KoChat when you stop using the
Service. You acknowledge and agree that if KoChat disables access to your
account, you may be prevented from accessing the Service, your account details
or any files or other materials which is contained in your account.
If we decide to change our Terms &
Conditions, we will post those changes on this page, and/or update the Terms
& Conditions modification date below.
KoChat reserves the right to modify, suspend
or discontinue, temporarily or permanently, the app or any service to which it
connects, with or without notice and without liability to you.
KoChat may from time to time provide
enhancements or improvements to the features/ functionality of the app, which
may include patches, bug fixes, updates, upgrades and
other modifications ("Updates").
Updates may modify or delete certain features
and/or functionalities of the app. You agree that KoChat has no obligation to (i) provide any Updates, or (ii) continue to provide or
enable any particular features and/or functionalities
of the app to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the app, and
(ii) subject to the terms and conditions of this Agreement.
We may display, include
or make available third-party content (including data, information,
applications and other products services) or provide links to third-party
websites or services ("Third- Party Services").
You acknowledge and agree that KoChat shall
not be responsible for any Third-Party Services, including their accuracy,
completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. KoChat does not assume
and shall not have any liability or responsibility to you or any other person
or entity for any Third-Party Services.
Third-Party Services and links thereto are
provided solely as a convenience to you and you access
and use them entirely at your own risk and subject to such third parties' terms
and conditions.
This Agreement shall remain in effect until
terminated by you or KoChat.
KoChat may, in its sole discretion, at any
time and for any or no reason, suspend or terminate this Agreement with or
without prior notice.
This Agreement will terminate immediately,
without prior notice from KoChat, in the event that
you fail to comply with any provision of this Agreement. You may also terminate
this Agreement by deleting the app and all copies thereof from your computer.
Upon termination of this Agreement, you shall
cease all use of the app and delete all copies of the app from your computer.
Termination of this Agreement will not limit
any of KoChat's rights or remedies at law or in
equity in case of breach by you (during the term of this Agreement) of any of
your obligations under the present Agreement.
If you are a copyright owner or such owner’s
agent and believe any material on our app constitutes an infringement on your
copyright, please contact us setting forth the following information: (a) a
physical or electronic signature of the copyright owner or a person authorized
to act on his behalf; (b) identification of the material that is claimed to be
infringing; (c) your contact information, including your address, telephone
number, and an email; (d) a statement by you that you have a good faith belief
that use of the material is not authorized by the copyright owners; and (e) the
a statement that the information in the notification is accurate, and, under
penalty of perjury you are authorized to act on behalf of the owner.
You agree to indemnify and hold KoChat and
its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or
demand, including reasonable attorneys' fees, due to or arising out of your:
(a) use of the app; (b) violation of this Agreement or any law or regulation;
or (c) violation of any right of a third party.
The app is provided to you "AS IS"
and "AS AVAILABLE" and with all faults and defects without warranty
of any kind. To the maximum extent permitted under applicable law, KoChat, on
its own behalf and on behalf of its affiliates and its and their respective
licensors and service providers, expressly disclaims all warranties, whether
express, implied, statutory or otherwise, with respect to the app, including
all implied warranties of merchantability, fitness for a particular purpose,
title and non-infringement, and warranties that may arise out of course of
dealing, course of performance, usage or trade practice. Without limitation to
the foregoing, KoChat provides no warranty or undertaking, and makes no
representation of any kind that the app will meet your requirements, achieve
any intended results, be compatible or work with any other software, apps, systems or services, operate without interruption, meet any
performance or reliability standards or be error free or that any errors or
defects can or will be corrected.
Without limiting the foregoing, neither
KoChat nor any KoChat's provider makes any
representation or warranty of any kind, express or implied: (i) as to the operation or availability of the app, or the
information, content, and materials or products included thereon; (ii) that the
app will be uninterrupted or error-free; (iii) as to the accuracy, reliability,
or currency of any information or content provided through the app; or (iv)
that the app, its servers, the content, or e-mails sent from or on behalf of
KoChat are free of viruses, scripts, trojan horses, worms, malware, timebombs
or other harmful components.
Some jurisdictions do not allow the exclusion
of or limitations on implied warranties or the limitations on the applicable
statutory rights of a consumer, so some or all of the
above exclusions and limitations may not apply to you.
Notwithstanding any damages that you might
incur, the entire liability of KoChat and any of its suppliers under any
provision of this Agreement and your exclusive remedy for all
of the foregoing shall be limited to the amount actually paid by you for
the app.
To the maximum extent permitted by applicable
law, in no event shall KoChat or its suppliers be liable for any special,
incidental, indirect, or consequential damages whatsoever (including, but not
limited to, damages for loss of profits, for loss of data or other information,
for business interruption, for personal injury, for loss of privacy arising out
of or in any way related to the use of or inability to use the app, third-party
software and/or third-party hardware used with the app, or otherwise in
connection with any provision of this Agreement), even if KoChat or any
supplier has been advised of the possibility of such damages and even if the
remedy fails of its essential purpose.
Some states/jurisdictions do not allow the
exclusion or limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
If any provision of this Agreement is held to
be unenforceable or invalid, such provision will be changed and interpreted to
accomplish the objectives of such provision to the greatest extent possible
under applicable law and the remaining provisions will continue in full force
and effect.
This Agreement, together with the Privacy
Policy and any other legal notices published by KoChat on the Services, shall
constitute the entire agreement between you and KoChat concerning the Services.
If any provision of this Agreement is deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect the validity of
the remaining provisions of this Agreement, which shall remain in full force
and effect. No waiver of any term of this Agreement shall be deemed a further
or continuing waiver of such term or any other term, and KoChat’s
failure to assert any right or provision under this Agreement shall not
constitute a waiver of such right or provision. YOU AND KoChat AGREE THAT ANY
CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN
ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION
IS PERMANENTLY BARRED.
Except as provided herein, the failure to
exercise a right or to require performance of an obligation under this
Agreement shall not effect a party's ability to
exercise such right or require such performance at any time thereafter nor
shall be the waiver of a breach constitute waiver of any subsequent breach.
No failure to exercise, and no delay in
exercising, on the part of either party, any right or any power under this
Agreement shall operate as a waiver of that right or power. Nor shall any
single or partial exercise of any right or power under this Agreement preclude
further exercise of that or any other right granted herein. In the event of a
conflict between this Agreement and any applicable purchase or other terms, the
terms of this Agreement shall govern.
KoChat reserves the right, at its sole
discretion, to modify or replace this Agreement 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 app 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 KoChat.
The Agreement constitutes the entire
agreement between you and KoChat regarding your use of the app and supersedes
all prior and contemporaneous written or oral agreements between you and
KoChat.
You may be subject to additional terms and
conditions that apply when you use or purchase other KoChat's
services, which KoChat will provide to you at the time of such use or purchase.
We may change our Service and policies, and
we may need to make changes to these Terms so that they accurately reflect our
Service and policies. Unless otherwise required by law, we will notify you (for
example, through our Service) before we make changes to these Terms and give
you an opportunity to review them before they go into effect. Then, if you
continue to use the Service, you will be bound by the updated Terms. If you do
not want to agree to these or any updated Terms, you can delete your account.
The app and its entire contents, features and
functionality (including but not limited to all information, software, text,
displays, images, video and audio, and the design, selection
and arrangement thereof), are owned by KoChat, its licensors or other providers
of such material and are protected by United Arab Emirates and international
copyright, trademark, patent, trade secret and other intellectual property or
proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part,
without the express prior written permission of KoChat, unless and except as is
expressly provided in these Terms & Conditions. Any unauthorized use of the
material is prohibited.
This section applies to any dispute EXCEPT IT
DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF
REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR KoChat’s
INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or
other controversy between you and KoChat concerning the Services or this
agreement, whether in contract, warranty, tort, statute, regulation, ordinance,
or any other legal or equitable basis. “Dispute” will be given the broadest
possible meaning allowable under law.
In the event of a dispute, you or KoChat must
give the other a Notice of Dispute, which is a written statement that sets
forth the name, address, and contact information of the party giving it, the
facts giving rise to the dispute, and the relief requested. You must send any
Notice of Dispute via email to: support@kochat.app.
KoChat will send any Notice of Dispute to you by mail to your address if we
have it, or otherwise to your email address. You and KoChat will attempt to
resolve any dispute through informal negotiation within sixty (60) days from
the date the Notice of Dispute is sent. After sixty (60) days, you or KoChat
may commence arbitration.
If you and KoChat don’t resolve any dispute
by informal negotiation, any other effort to resolve the dispute will be
conducted exclusively by binding arbitration as described in this section. You
are giving up the right to litigate (or participate in as a party or class
member) all disputes in court before a judge or jury. The dispute shall be
settled by binding arbitration in accordance with the commercial arbitration
rules of the American Arbitration Association. Either party may seek any
interim or preliminary injunctive relief from any court of competent
jurisdiction, as necessary to protect the party’s rights or property pending
the completion of arbitration. Any and all legal,
accounting, and other costs, fees, and expenses incurred by the prevailing
party shall be borne by the non-prevailing party.
In the event
that you submit or post any ideas, creative
suggestions, designs, photographs, information, advertisements, data or
proposals, including ideas for new or improved products, services, features,
technologies or promotions, you expressly agree that such submissions will
automatically be treated as non-confidential and non-proprietary and will
become the sole property of KoChat without any compensation or credit to you
whatsoever. KoChat and its affiliates shall have no obligations with respect to
such submissions or posts and may use the ideas contained in such submissions
or posts for any purposes in any medium in perpetuity, including, but not
limited to, developing, manufacturing, and marketing products and services using
such ideas.
KoChat may, from time to time, include
contests, promotions, sweepstakes, or other activities (“Promotions”) that
require you to submit material or information concerning yourself. Please note
that all Promotions may be governed by separate rules that may contain certain
eligibility requirements, such as restrictions as to age and geographic
location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter
any Promotion, you agree to abide by and to comply with all Promotions Rules.
Additional terms and conditions may apply to
purchases of goods or services on or through the Services, which terms and
conditions are made a part of this Agreement by this reference.
In the event a product and/or service is
listed at an incorrect price or with incorrect information due to typographical
error, we shall have the right to refuse or cancel any orders placed for the
product and/or service listed at the incorrect price. We shall have the right
to refuse or cancel any such order whether or not the
order has been confirmed and your credit card charged. If your credit card has
already been charged for the purchase and your order is canceled, we shall
immediately issue a credit to your credit card account or other payment account
in the amount of the charge.
If for any reason a court of competent
jurisdiction finds any provision or portion of these Terms & Conditions to
be unenforceable, the remainder of these Terms & Conditions will continue
in full force and effect. Any waiver of any provision of these Terms &
Conditions will be effective only if in writing and signed by an authorized
representative of KoChat. KoChat will be entitled to injunctive or other
equitable relief (without the obligations of posting any bond or surety) in the
event of any breach or anticipatory breach by you. KoChat operates and controls
the KoChat Service from its offices in United Arab Emirates. The Service is not
intended for distribution to or use by any person or entity in any jurisdiction
or country where such distribution or use would be contrary to law or
regulation. Accordingly, those persons who choose to access the KoChat Service
from other locations do so on their own initiative and are solely responsible
for compliance with local laws, if and to the extent local laws are applicable.
These Terms & Conditions (which include and incorporate the KoChat Privacy
Policy) contains the entire understanding, and supersedes all prior
understandings, between you and KoChat concerning its subject matter, and
cannot be changed or modified by you. The section headings used in this
Agreement are for convenience only and will not be given any legal import.
KoChat is not responsible for any content, code or any other imprecision.
KoChat does not provide warranties or
guarantees.
In no event shall KoChat be liable for any
special, direct, indirect, consequential, or incidental damages or any damages
whatsoever, whether in an action of contract, negligence
or other tort, arising out of or in connection with the use of the Service or
the contents of the Service. The Company reserves the right to make additions,
deletions, or modifications to the contents on the Service at any time without
prior notice.
The KoChat Service and its contents are
provided "as is" and "as available" without any warranty or
representations of any kind, whether express or implied. KoChat is a
distributor and not a publisher of the content supplied by third parties; as
such, KoChat exercises no editorial control over such content and makes no
warranty or representation as to the accuracy, reliability or currency of any
information, content, service or merchandise provided
through or accessible via the KoChat Service. Without limiting the foregoing,
KoChat specifically disclaims all warranties and representations in any content
transmitted on or in connection with the KoChat Service or on sites that may
appear as links on the KoChat Service, or in the products provided as a part
of, or otherwise in connection with, the KoChat Service, including without
limitation any warranties of merchantability, fitness for a particular purpose
or non-infringement of third party rights. No oral
advice or written information given by KoChat or any of its affiliates,
employees, officers, directors, agents, or the like will create a warranty.
Price and availability information is subject to change without notice. Without
limiting the foregoing, KoChat does not warrant that the KoChat Service will be
uninterrupted, uncorrupted, timely, or error-free.
Don't hesitate to contact us if you have any
questions.
Email: support@kochat.app