TERMS OF USE AGREEMENT
Last Updated: 26/08/18


Key changes in this version

For a summary of our Terms of Use, look Summary of Terms at the end of this document.

Welcome to UniChat, operated by UniChat PLT (LLP0018096-LGN)

1. About this Terms of Use Agreement

This Terms of Use Agreement (“Agreement”) is a legal document that explains your rights and obligations as a subscriber of UniChat from UniChat. In this Agreement, “we”, “us” and “the Company” refers to UniChat. “You” means you the customer. Words spelt with initial capital letters are defined terms which, for your ease of reference, are set out at the end of the Terms of Use Agreement.


2. Acceptance of Terms of Use Agreement. 

By creating a UniChat Account or using the UniChat app, through a mobile device, mobile application or computer,  you agree to be bound by (i) the Agreement; (ii) our Privacy Policy  and Safety Tips, and (iii) any terms disclosed and agreed to by you if you purchase additional features, products or services we offer (collectively, this “Agreement”). If you do not agree to be bound by all of the terms of this Agreement, please do not use the Service.

We may make changes to this Agreement and to the Services from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Services under Settings and also on jomunichat.com, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Services or via email. If you continue to use the Services after the changes become effective, then you agree to the revised Agreement.


3. Eligibility.

You must be at least 18 years of age to create an account on UniChat and use the Service. You may not be a subscriber if you are under the age of 17.  By creating an account, you represent and warrant that:

you have form a binding contract with UniChat;
you are not a person who is barred from using the Service under the Malaysian laws;
you will comply with the Agreement and all applicable local, state, national and international laws, rules and regulations; and
you have never been convicted of a felony and that you are not required to register as a sex offender with any state, federal or local sex offender registry.

4. Your Account.

In order to use UniChat, you may sign in using your Facebook account. By doing so, you are giving us the permission to access and use certain Facebook account information, including but not limited to your public Facebook profile and information about Facebook. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.

You are responsible for maintaining the confidentiality of your login credentials you use to sign up for UniChat e.g. username, account password,phone number, etc. and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact contact.jomunichat@gmail.com.

 

 

5. Modifying the Services and Termination.

UniChat is always striving to improve the Services and bring you additional functionality that you will find engaging and useful. This means that we may add new product features or enhancements from time to time as well as remove some features. If these actions do not materially affect your rights or obligations, we may not provide you with notice before performing such actions. We may even suspend the Services entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, which prevent us from doing so.

You may terminate your account at any time, for any reason, by following the instructions in “Settings” in the Service, however you will need to manage your in app purchases through your mobile device platform (e.g., iTunes, Google Play). UniChat may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for IAP.

6. Safety; Your Interactions with Other Users.

Though UniChat strives to encourage a respectful user experience through features like the double opt-in that only allows users to communicate if they have both indicated interest in one another, it is not responsible for the conduct of any user on or off of the Services. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow UniChat’s Safety Tips, located on jomunichat.com, prior to using the Service. You should not provide your financial information (e.g. your credit card, bank account information), or wire or otherwise send money, to other users.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT UniChat DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. UniChat MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. UniChat RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.


7. Rights UniChat Grants You.

UniChat grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits as intended by UniChat and permitted by this Agreement. Therefore, you agree NOT to:

use the Service or any content contained in the Service for any commercial purposes without our written consent;
copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without UniChat’s prior written consent;
express or imply that any statements you make are endorsed by UniChat;
use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
use the Services in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service;
upload viruses or other malicious code or otherwise compromise the security of the Services;
forge headers or otherwise manipulate identifiers in order to disguise;
the origin of any information transmitted to or through the Service;
“frame” or “mirror” any part of the Service without UniChat’s prior written authorization;
use meta tags or code or other devices containing any reference to UniChat or the Service (or any trademark, trade name, service mark, logo or slogan of UniChat) to direct any person to any other website for any purpose;
modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so;
use or develop any third-party applications that interact with the Services or other users’ Content or information without our written consent;
use, access, or publish the UniChat application programming interface without our written consent;
probe, scan or test the vulnerability of our Services or any system or network; or
encourage or promote any activity that violates this Agreement.

The Company may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account.

For any software that we provide, you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.


8. PERSONAL DATA PROTECTION

By creating an account, you grant UniChat to a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information that you authorize us to access from Facebook, as well as any information that you post, upload, display or otherwise make available (“post”) on the Service or transmit to other users (“Content”). Our license to your Content is subject to your rights under applicable law (e.g. laws regarding Personal Data Protection Act 2010 to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones.


You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other UniChat users).

You agree that all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to UniChat above.

You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates the Agreement or may harm the reputation of the Service.

When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.

In consideration for UniChat allowing you to use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. By submitting suggestions or feedback to UniChat regarding our Services, you agree that UniChat may use and share such feedback for any purpose without compensating you.

You agree that UniChat may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.


9. Community Rules. 

By using the Services, you agree that you will not:

use the Service for any purpose that is illegal or prohibited by this Agreement.
spam, solicit money from or defraud any users.
impersonate any person or entity or post any images of another person without his or her permission.
bully, stalk, intimidate, harass or defame any person.
post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; contains nudity; graphic; or gratuitous violence.
solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
use another user’s account.
create another account if we have already terminated your account, unless you have our permission.

UniChat reserves the right to investigate and/ or terminate your account without a refund of any in app purchases if you have misused the Service or behaved in a way that UniChat regards as inappropriate or unlawful, including actions or communications that occur off the Service but involve users you meet through the Service.

 

10. Other Users’ Content

Although UniChat reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it. UniChat cannot guarantee that all Content will comply with this Agreement. If you see Content on the Services that violates this Agreement, please report it within the Services or via contact.jomunichat@gmail.com.


11. Other Virtual Items. 

From time to time, you may be able to purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use “virtual items,” i ncluding but not limited to (“Virtual Items”). You are only allowed to purchase Virtual Items from us or our authorized partners through the Service and not in any other way. Virtual Items represent a limited license right governed by this Agreement. Except as otherwise prohibited by applicable law, Virtual Items obtained by you are licensed to you, and you acknowledge that no title or ownership in or to Virtual Items is being transferred or assigned to you. The Agreement should not be construed as a sale of any rights in Virtual Items. Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.


Virtual Items do not incur fees for non-use, however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, when UniChat ceases providing the Service or your account is otherwise closed or terminated.


UniChat, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/ or may distribute Virtual Items with or without charge. UniChat may manage, regulate, control, modify or eliminate Virtual Items at any time.UniChat shall have no liability to you or any third party in the event that UniChat exercises any such rights.


The transfer of Virtual Items is prohibited, and you shall not sell, redeem or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through the Service. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use in the Service is a service provided by UniChat that commences immediately upon the acceptance of your purchase of such Virtual Items. YOU ACKNOWLEDGE THAT UniChat IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

 

 

12. Notice and Procedure for Making Claims of Copyright Infringement.

If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
your contact information, including address, telephone number and email address;
a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Notice of claims of copyright infringement should be provided to the Company’s Copyright Agent at contact.jomunichat@gmail.com .

UniChat will terminate the accounts of repeat infringers.

 

14. Disclaimers.

UniChat  PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. UniChat DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE ACCURATE.

UniChat TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.


15. Third Party Services.

The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. UniChat is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. UniChat is not responsible or liable for such third parties’ terms or actions.


16. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL UniChat , ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF UniChat HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL UniChat’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO UniChat FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

 

17. Indemnity by You.

You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless UniChat, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Services, your Content, or your breach of this Agreement.


18. Entire Agreement; Other.

This Agreement, with the Privacy Policy, the Safety Tips and any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service, contains the entire agreement between you and UniChat regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your UniChat account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind UniChat in any manner.

 

 


 

Summary of Terms

Acceptance. By using the Service, you agree to this Agreement, our Privacy Policy and Safety Tips, and any terms that apply to in app purchase you make.

Eligibility. You must be at least 18 to use the Service and not prohibited by law from using the Service. You promise to follow the law and that you’re not a convicted felon or sex offender.

Your Account. If you use Facebook to access UniChat, you must authorize us to access certain information from Facebook to use UniChat. You agree to keep your account secure and confidential.

Modifying the Services; Termination. We may modify the Services at any time or discontinue them altogether. You can terminate your account in Settings, and we reserve the right to terminate it for you if you violate this Agreement or if we deem your use of the Service to be inappropriate.

Safety. UniChat is not responsible for the actions of its users or your interactions with them, and we don’t conduct background checks. Be careful and be sure to read and follow our Safety Tips on interacting with people on or off of UniChat.

Rights. UniChat grants you the right to use our Service as authorized and permitted by this Agreement. See the Agreement for a full list of actions you agree not to take. You grant UniChat the right to display your profile and Content for the limited purpose of UniChat operating the Service and researching and developing new ones.

Rules. See the Agreement for a list of the rules you agree to abide by when you use UniChat, such as not soliciting money from other users, harassing other users or using the Service for any illegal purposes.

In App Purchases. UniChat may offer services for purchase through mobile platforms such as iTunes and Google Play. Those purchases are governed by the terms of the platforms. Most purchases are not refundable and certain services only grant you a specified license, as further described in the Agreement.

Copyright. If you believe your work has been posted on the Service in violation of your copyright, please send a notice to our Copyright Agent following instructions in the Agreement.

Disclaimers. Our Service is provided “as is,” and we disclaim legal liability for the quality, safety, or reliability of our Service.

Limitation of Liability. To the extent allowed by law, we limit our liability to you for certain types of damages for claims relating to your use of the Service, the conduct of other users and unauthorized access or use of your Content. Our aggregate liability will not exceed the fees you pay us.

Arbitration. Our Agreement contains a mandatory arbitration clause. You agree that any disputes will be settled by arbitration, and you waive your right to a trial by jury or to participate in a class action. This does not apply to users residing in the EU, Norway or elsewhere where prohibited by law.

Governing Law; Venue. Texas law applies to this Agreement. Actions for disputes relating to this Agreement must be brought in Dallas, Texas, except for users residing in the EU or Norway, who may bring claims in their country of residence.

Indemnity. You agree to indemnify us for actions arising out of your use of the Service, your Content or your violation of this Agreement.