Cordchat (Free SaaS User)

Terms of Use

Last modified: September 19, 2017

Welcome to the Cordchat website and the services provided under the Cordchat name, which take the form of the Cordchat server, the Cordchat webclient and the Cordchat mobile applications, all of which can be used independently.

The Cordchat services (the “Services”) provide a communication service to end users, storing and forwarding text messages, files and other communication data between users on Cordchat “Home Servers” in the Cordchat ecosystem, for example the “ Cordchat Home Server” hosted at https://Cordchat.com. The Cordchat services include a range of client software running on the web (https://Cordchat.com), iOS and Android devices (available in the relevant application stores) and the “ Cordchat Home Server” hosted at https://Cordchat.com . The Cordchat server is currently operated by Multiable Company or an affiliate of Multiable Company.

When we refer to “ Multiable ”, “we”, “us” or “our” in this agreement (the “Agreement”), we mean Multiable Company, located at 1/F, Dominion Centre, 43 Queen’s Road East, WanChai, Hong Kong SAR.

When we refer to “ Cordchat ” we mean the Cordchat application and services of Multiable .

Your access to http:// Cordchat .com (the “Website”) and use of the Services, whether as a guest or registered user, are subject to the following terms and conditions, and all applicable laws.

Acceptance of terms

Please read this Agreement carefully. By accessing the Website and using the Services as a guest, you confirm that you have read and accept these terms of use and you agree to comply with them. In order to access the Website and use the Services as a registered user, you must first read this Agreement and agree to the terms before you go through the user registration process. If you do not agree with any of these terms of use, you shall not access the Website and use the Services as a guest or a registered user.

If you accept on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement and, in such event, “you” will refer and apply to that company or other legal entity.

You may not use the Website or Services by accepting the terms if: (i) you are not at least 14 years of age and are of legal age to form a binding contract with us; or (ii) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are a resident or from which you use the Services.

This Agreement also includes our Privacy Policy, which sets out the information we collect from you and the terms on which we process this and any personal data that you provide to us. By accessing the Website or using the Services you consent to such processing and you warrant that all data provided by you is accurate.

If you do not agree to these terms of use, you must not use the Website or Services.

We may revise these terms of use at any time and at our discretion. The date the terms of use were last revised is identified at the top of the page. When we make material changes to the Agreements, we’ll provide you with notice as appropriate e.g., by displaying a prominent notice within the Service or by sending you an email. Your continued use of the Website and Services after any changes will constitute acceptance by you of those amendments. Please therefore make sure you read any such notice carefully.

General

The Services are licensed, not sold, to you by Multiable for use strictly in accordance with the terms and conditions of this Agreement. Ownership of the Services and the Website, clients and servers shall at all times remain with Multiable . Copies of the Services are provided to you only to allow you to exercise your rights under this Agreement. You must provide and are responsible for all equipment and Internet connectivity necessary to access the Services.

Grant of License

Subject to your acceptance of, and compliance with, this Agreement and any payment requirements for the Services (if applicable), Multiable hereby grants you a limited, non-exclusive, non-transferable, revocable, non-sublicenseable license, in and under our intellectual property rights, to access and use the Services, solely in accordance with the terms and conditions of this Agreement. Unless explicitly stated otherwise, any new features provided by Cordchat that augment or enhance the current Services shall also constitute “Services” and shall be subject to these terms and conditions. All rights not expressly granted under this Agreement are retained by Multiable .

Acceptable Use Policy

You represent and warrant that you will not violate any of the terms and conditions of this Agreement, and agree that:

·       you will use the Services strictly in accordance with this Agreement and will not, and will not  permit others to: (i) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Multiable or its affiliates, partners, suppliers or the licensors of the Services; (ii) use the Services for any purpose for which it is not designed or intended;

·       you will not submit or transmit through the Services any material, or otherwise engage in any conduct that: (i) violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights; (ii) is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortuous; (iii) victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (iv) impersonates any person, business, or entity; (v) contains viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise permit the unauthorised use of a computer or computer network; or (vi) encourages conduct that would constitute a criminal offense;

·       you will not: (i) violate this Agreement, guidelines, or any policy posted on the Website; (ii) interfere with the use of the Services by others; (iii) use the Services in any manner that could damage, disable, overburden, or impair our servers or networks; (iv) interfere with or disrupt networks connected to the Services or violate the regulations, policies or procedures of such networks; or (v) attempt to gain unauthorised access to any Services through hacking, password mining, or any other means;

·       you will only use the proprietary information or interfaces or other intellectual property of Multiable in the design, development, manufacture, licensing or distribution of permitted developer applications described in this Agreement;

·       Cordchat web application (excluding Cordchat mobile app, Cordchat complied server and Cordchat server source code) includes Public Software released under an open source license agreement (Apache license v2.0 defined at https://www.apache.org/licenses/LICENSE-2.0) and you may use these public code and interfaces under the terms of the Apache license described in the link above. “Public Software” means any software, documentation or other material that contains, or is derived (in whole or in part) from, any software, documentation or other material that is distributed as free software, open source software (e.g., Linux) or similar licensing or distribution models, including, but not limited to software, documentation or other material licensed or distributed under any of the following licenses or distribution models, or licenses or distribution models similar to any of the following: (i) GNU’s General Public License (GPL), Lesser/Library GPL (LGPL), or Free Documentation License; (ii) the Artistic License (e.g., PERL); (iii) the Mozilla Public License; (iv) the Netscape Public License; (v) the Sun Community Source License (SCSL); (vi) the Sun Industry Standards License (SISL); (vii) the BSD License; and (viii) the Apache License;

·       Cordchat server source code (excluding Cordchat mobile app, Cordchat web application and Cordchat complied server) source code offered (available at https://www.cordchat.com/cordchatservercode) under an AGPL v3.0 license, their enhancements must be open sourced, so 100% of the community can benefit;

·       to avoid confusion, derivative open source servers created under an AGPL v3.0 license are required to use their own distinct name and logos, and may not use the Cordchat name or logos, which are trademarked;

·       where we have given you (or where you have chosen) a password which enables you to access certain parts of our Website and Services, you are responsible for keeping this password confidential. You will not disclose it to any other person or share a password with anyone. If you fail to keep it confidential, we have the right to disable any user identification name and password at any time, without notice to you.

Content publication

Cordchat only provides a platform for users to communicate. It does not screen, review or control the content and the qualifications of the participants. Since all content of Cordchat (including but not limited to the content of live streaming) is provided by the user, you agree that Cordchat is not responsible if any loss is aroused from the usage of Cordchat. You must pay attention to and abide by the law and the Terms of Use of Cordchat. If you publish something that violates the law or our Terms of Use, we reserve the right to terminate your Cordchat account without notice.

Transaction and payment

Cordchat reminds users that any transaction or payment with an unidentified person carries risks, and Cordchat cannot control such risks. Cordchat cannot guarantee an absolute secure trading environment, and users should always be cautious. For example, if you leave any personal information or contact methods to strangers on Cordchat, there may be a risk. Cordchat will not involve in any disputes between users. When you wish to pay someone on Cordchat, you must first read the Terms of Use and comply with the following: (a) The user must be fully responsible for any transaction or payment he or she has made. (b) The user must resolve the dispute arising from the transaction or payment on their own. (c) The user must bear the costs incurred by the transaction or payment. (d) The user must understand and comply with all relevant laws, including the laws of the Hong Kong SAR. Cordchat is just a platform provider and will not intervene in any transaction or payment between users. Cordchat has no review, control and guarantee for the quality, safety, legality, authenticity and accuracy of the contents, as well as the goodwill and credibility of the users. The transaction or payment (if any) is purely a private deal between the users so that you and the relevant user are solely responsible. Cordchat has no right and will not act on behalf of any user. You agree to all claims, actual or consequential damages arising out of or in connection with the published content, completed or uncompleted transaction or payment, regardless of their nature and whether they are known, Cordchat and its agents, employees and related companies will not be held liable for any problems that may occur or not.

Termination, suspension and modification

These terms will apply from your acceptance until the Agreement is terminated.

You may terminate this Agreement at any time by notifying Multiable at support@Cordchat.com and immediately discontinuing all use of the Services.  

This Agreement will terminate automatically if you breach any of its terms or conditions (including a default in your payment obligations). Without limiting other remedies, Multiable may in accordance with any applicable law limit, suspend, or terminate this Agreement and your use of the Services, prohibit access to the Services and delete your account, with immediate effect, automatically and without liability, if Multiable believes that you are in breach of this Agreement, creating problems, legal liabilities (actual or potential), infringing someone else's intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for any other reason at Multiable ’s sole discretion.

Multiable shall effect such termination by providing notice to you to the Cordchat user identifier ( Cordchat ID, e.g. @myname: Cordchat .com) and/or e-mail address you have provided, and/or by preventing your access to your Account. Upon termination, you shall immediately discontinue all use of the Services. Upon suspension of your Services, in whole or in part, for any reason all of your rights with respect to the Services shall be terminated during the period of the suspension. Upon termination of this Agreement for any reason all of your rights under this Agreement shall immediately terminate.

To the extent permitted by applicable law, and in accordance with the terms of this Agreement, Multiable reserves the right at any time to: (i) terminate this Agreement in whole or in part; or (ii) terminate, suspend, modify or discontinue any aspect of the Services in whole or in part including, for the avoidance of doubt, any connection to third party applications.

Terms contained under the following headings “Termination suspension and modification”, “Providing the Services”, “Data Privacy”, “Liability”, “Indemnity”, “Contact” and “General” will survive the termination of this Agreement.

Providing the Services

The Services are provided on a best-efforts basis. In addition to our rights to terminate or suspend Services to you as described in this Agreement, you acknowledge that: (i) your access to and use of the Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Services for any reason, including as a result of power outages, system failures or other interruptions; and (ii) to the extent permissible under applicable law, we shall also be entitled, to suspend access to any portion or all of the Services for any reason, including the lack of availability of any third party application; and/or (iii) to the extent permissible under applicable law, we shall also be entitled to make modifications to the Services at any time, on a Service-wide basis: (a) for scheduled downtime to permit us to conduct maintenance or make modifications to any Service; (b) in the event of a denial of service attack or other attack on the Service or other event that we determine, in our sole discretion, may create a risk to the applicable Service, to you or to any of our other customers if the Service were not suspended; or (c) in the event that we determine that any Service is prohibited by law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons (collectively, “Service Suspensions”). We will contact you in advance to tell you we will be suspending any aspect of the Services, unless the problem is urgent or an emergency.

We strive to keep information you provide to us secure, but cannot guarantee that we will be successful at doing so. Accordingly and without limitation, you acknowledge that you bear responsibility for adequate security, protection and backup of your Content including all audio recordings, video recordings, images, text messages and other data associated with your account. We strongly encourage you, where available and appropriate, to use encryption technology to protect your Content from unauthorised access and to routinely archive your Content.

Disclaimer of Warranty

MULTIABLE PROPERTIES, THE MULTIABLE MARKS INCLUDING THE Cordchat BRAND (DEFINED ABOVE), THE SERVICES (DEFINED ABOVE) AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, CONTENT, IMAGES, MATERIALS AND OTHER DATA OR INFORMATION PROVIDED BY US OR OUR LICENSORS IN CONNECTION THEREWITH (COLLECTIVELY THE “SERVICE OFFERINGS”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OFFERINGS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW. WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. WE AND OUR LICENSORS DO NOT WARRANT THAT THE SERVICE OFFERINGS WILL FUNCTION AS DESCRIBED, WILL BE UNINTERRUPTED OR ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT THE DATA YOU STORE WITHIN THE SERVICE OFFERINGS WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. WE AND OUR LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY THIRD PARTY OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

With respect to any Feedback or Communications, you represent and warrant that such Feedback and Communications, in whole or in part, contributed by or through you: (i) is legally distributable by you, either because you own the copyright or because you have fully complied with any copyright terms associated with the software or content; and (ii) does not violate, misappropriate or infringe any intellectual property rights of any third party.

You represent and warrant that you are duly authorised to do business in the jurisdiction where you operate.

Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAWS NEITHER WE NOR ANY OF OUR LICENSORS SHALL BE LIABLE TO YOU FOR ANY UNFORESEEABLE DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR CONTENT; (iv) ANY SERVICE SUSPENSION; (v) ANY UNAUTHORISED ACCESS OR USE, CORRUPTION, DELETION, DESTRUCTION OR LOSS OF ANY OF YOUR CONTENT.

TO THE EXTENT PERMITTED BY APPLICABLE LAW AND UNLESS STATED OTHERWISE IN THIS AGREEMENT, IF YOU OR MULTIABLE TERMINATE THIS AGREEMENT, OR IF MULTIABLE SUSPENDS YOUR ACCESS TO THE SERVICE, YOU AGREE THAT MULTIABLE SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO YOU.

IN ANY CASE, OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO US HEREUNDER FOR THE SERVICES DURING THE PRECEDING THREE (3) MONTHS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITED OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR GROSS NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION, WILFUL MISCONDUCT OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY ENGLISH LAW.

IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS WE WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.

THE PRODUCTS DO NOT AND ARE NOT INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS TO ANY EMERGENCY SERVICES. “EMERGENCY SERVICES SHALL MEAN SERVICES THAT ALLOW A USER TO CONNECT WITH EMERGENCY SERVICES PERSONNEL OR PUBLIC SAFETY ANSWERING POINTS SUCH AS 911 OR E911 SERVICES.” NEITHER MULTIABLE NOR ITS OFFICERS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR ANY CLAIM, DAMAGE, OR LOSS (AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION), ARISING FROM OR RELATING TO YOUR INABILITY TO USE MULTIABLE OR ITS SERVICES TO CONTACT ANY EMERGENCY SERVICES, OR YOUR FAILURE TO MAKE ADDITIONAL ARRANGEMENTS TO ACCESS EMERGENCY SERVICES.

Additionally, we specifically disclaim all liability, and you shall be solely responsible for the development, operation, and maintenance of your Application and for all materials that appear on or within your Application and you agree that you shall, without limitation, be solely responsible for:

·       the technical operation of your Application and all related equipment;

·       the accuracy and appropriateness of any materials posted on or within your Application (including, among other things, any product-related materials);

·       ensuring that any materials posted on your site or within your Application do not violate our Acceptable Use Policy Section;

·       ensuring that your Application accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognise cookies on visitors’ browsers; and

·       any of your users’ or customers’ claims relating to your Application or any Services utilised in connection with your Application.

Intellectual Property

Other than the limited use and access rights and licences expressly set forth in this Agreement, we reserve all right, title and interest (including all intellectual property and proprietary rights) in and to: (i) the Services; (ii) the Multiable Properties; (iii) the Cordchat Brand and (iv) any other technology and software that we provide or use to provide the Services and the Multiable Properties. You do not, by virtue of this Agreement or otherwise, acquire any ownership interest or rights in the Services, the Multiable Properties, the Multiable Marks, or such other technology and software, except for the limited use and access rights described in this Agreement.

Multiable may, at its discretion, offer certain Software Development Kits, tools, application samples, or documentation under an open source licence. Any such products will be marked with copyright details, and those copyrights will apply to those and only those documents. Multiable reserves all rights to any documents, tools, services, technologies and the like which are not designated with an open licence.

Other than the rights and interests expressly set forth in this Agreement and excluding any and all works derived from Multiable Properties, you reserve all right, title and interest (including all intellectual property and proprietary rights) in and to: (i) content and data you may send to us or use as part of your use of any Services (“your Content”); and (ii) your Applications.

In the event you elect, in connection with any of the Services, to communicate to us suggestions for improvements to the Services, the Multiable Properties or the Multiable Marks (collectively, “Feedback”), via official support channels (i.e. support@Cordchat.com), we shall own all right, title, and interest in and to the same, even if you have designated the Feedback as confidential, and we shall be entitled to use the Feedback without restriction. Furthermore, any other content or information you post or provide to Multiable via such channels (collectively “Communications”) shall be considered the property of Multiable . You hereby irrevocably assign all right, title and interest in and to the Feedback and Communications to us and agree to provide us such assistance as we may require to document, perfect, and maintain our rights to the Feedback and Communications.

During and after the term of the Agreement, with respect to any of the Services that you elect to use, you will not assert, nor will you authorize or encourage any third party to assert, against us or any of our customers, end users, vendors, business partners (including third party sellers on websites operated by or on behalf of us), sublicensees or transferees, any patent infringement or other intellectual property infringement claim with respect to such Services.

Data Privacy

Please refer to our Privacy Policy for full details on how we collect, process and use your data. By using the Website or our Services you are consenting to the terms of our Privacy Policy.

Cookie Policy

We currently use cookies to support our use of Google Analytics on the Website and Service. Google Analytics collects information about how you use this site, please refer to our Privacy Policy for the information we collect. Cookies don’t identify individuals personally, but are used on websites to remember the activities and preferences of users and distinguish between them.  This helps us to provide you with a good experience when you browse our Website and use our Service and also allows us to improve both our Website and Service.  We may choose to use additional cookies in the future.  If we do, we will update this policy and keep you informed.

License from You

You agree that Multiable , in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of the Cordchat Services.

Advertisements

Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on or made available to the Services.  The manner, mode and extent of advertising on the Services are subject to change without specific notice to you.  You agree that Multiable may place such advertising on the Services.  If you are using a free service, you must not block such advertising.

Indemnity

You agree to indemnify, defend and hold us, our affiliates and licensors, each of our and their business partners (including third party sellers on websites operated by or on behalf of us) and each of our and their respective employees, officers, directors, employees and representatives, harmless from and against any and all claims, losses, proceedings, damages, liabilities, judgments, penalties, fines, costs, interests and expenses (including reasonable attorneys’ fees), arising out of or in connection with any claim arising out of: (i) your use of the Services, Multiable Properties and/or Multiable Marks in a manner not authorised by this Agreement, and/or in violation of the applicable restrictions and/or applicable law; (ii) your Application, your Content, or the combination of either with other applications, content or processes, including but not limited to any claim involving infringement or misappropriation of third-party rights and/or the use, development, design, manufacture, production, advertising, promotion and/or marketing of your Application and/or your Content; (iii) your violation of any term or condition of this Agreement or any applicable additional policies, including without limitation, your representations and warranties; or (iv) you or your employees’ or personnel’s negligence or wilful misconduct.

Contact

Notices made by us will be provided to you via the Cordchat ID you registered and the e-mail address provided to us in your registration for the Services or in any updated e-mail address you provide to us in accordance with standard account information update procedures we may provide from time to time. It is your responsibility to keep your email address current and you will be deemed to have received any email sent to any such email address, upon our sending of the email, whether or not you actually receive the email.

Notices made by you to us under this Agreement and for questions, complaints or claims regarding this Agreement or the Services, should be sent by e-mail to support@Cordchat.com or by post and addressed to:

Multiable Company

1/F, Dominion Centre

43 Queen’s Road East, WanChai

Hong Kong SAR

General

Severability. If any portion of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect, and any invalid or unenforceable portions shall be construed in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from this Agreement, and the rest of the Agreement shall remain in full force and effect.

Waivers. The failure by us to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision nor in any way affect our right to enforce such provision thereafter. All waivers by us must be in writing to be effective.

Successors and Assigns. You may not transfer your rights or your obligations under  this Agreement or any of the rights granted hereunder, without our written consent, except as expressly set forth in this Agreement. Any attempted assignment, sublicense, or transfer in contravention of this clause shall be null and void and of no force or effect. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to terminate this Agreement.

Third Parties Beneficiaries. Nothing contained in this Agreement is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person.

Entire Agreement. This Agreement incorporates by reference all policies and guidelines posted on the Cordchat Website (http://Cordchat.com) and as may be modified thereafter and constitutes the entire agreement between you and us regarding the subject matter hereof and supersedes any and all prior or contemporaneous representation, understanding, agreement, or communication between you and us, whether written or oral, regarding such subject matter.  

No Endorsement. You understand and acknowledge that we are not certifying nor endorsing, and have no obligation to certify or endorse, any of your Applications or your Content.

Governing Law. This Agreement shall be governed by the laws of Hong Kong SAR, excluding its conflict of law provisions. Unless contrary to the law where you reside, all disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of Hong Kong SAR and you expressly consent to the exercise of personal jurisdiction in the courts of Hong Kong SAR in connection with any such dispute.  This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

Cordchat (Paid SaaS User)

Terms of Use

Last modified: September 19, 2017

Welcome to the Cordchat website and the services provided under the Cordchat name, which take the form of the Cordchat server, the Cordchat webclient and the Cordchat mobile applications, all of which can be used independently.

The Cordchat services (the “Services”) provide a communication service to end users, storing and forwarding text messages, files and other communication data between users on Cordchat “Home Servers” in the Cordchat ecosystem, for example the “Cordchat Home Server” hosted at https://Cordchat.com. The Cordchat services include a range of client software running on the web (https://Cordchat.com), iOS and Android devices (available in the relevant application stores) and the “Cordchat Home Server” hosted at https://Cordchat.com. The Cordchat server is currently operated by Multiable Company or an affiliate of Multiable Company.

When we refer to “Multiable”, “we”, “us” or “our” in this agreement (the “Agreement”), we mean Multiable Company, located at 1/F, Dominion Centre, 43 Queen’s Road East, WanChai, Hong Kong SAR.

When we refer to “Cordchat” we mean the Cordchat application and services of Multiable.

Your access to http://Cordchat.com (the “Website”) and use of the Services, whether as a guest or registered user, are subject to the following terms and conditions, and all applicable laws.

Acceptance of terms

Please read this Agreement carefully. By accessing the Website and using the Services as a guest, you confirm that you have read and accept these terms of use and you agree to comply with them. In order to access the Website and use the Services as a registered user, you must first read this Agreement and agree to the terms before you go through the user registration process. If you do not agree with any of these terms of use, you shall not access the Website and use the Services as a guest or a registered user.

If you accept on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement and, in such event, “you” will refer and apply to that company or other legal entity.

You may not use the Website or Services by accepting the terms if: (i) you are not at least 14 years of age and are of legal age to form a binding contract with us; or (ii) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are a resident or from which you use the Services.

This Agreement also includes our Privacy Policy, which sets out the information we collect from you and the terms on which we process this and any personal data that you provide to us. By accessing the Website or using the Services you consent to such processing and you warrant that all data provided by you is accurate.

If you do not agree to these terms of use, you must not use the Website or Services.

We may revise these terms of use at any time and at our discretion. The date the terms of use were last revised is identified at the top of the page. When we make material changes to the Agreements, we’ll provide you with notice as appropriate e.g., by displaying a prominent notice within the Service or by sending you an email. Your continued use of the Website and Services after any changes will constitute acceptance by you of those amendments. Please therefore make sure you read any such notice carefully.

General

The Services are licensed, not sold, to you by Multiable for use strictly in accordance with the terms and conditions of this Agreement. Ownership of the Services and the Website, clients and servers shall at all times remain with Multiable. Copies of the Services are provided to you only to allow you to exercise your rights under this Agreement. You must provide and are responsible for all equipment and Internet connectivity necessary to access the Services.

Grant of License

Subject to your acceptance of, and compliance with, this Agreement and any payment requirements for the Services (if applicable), Multiable hereby grants you a limited, non-exclusive, non-transferable, revocable, non-sublicenseable license, in and under our intellectual property rights, to access and use the Services, solely in accordance with the terms and conditions of this Agreement. Unless explicitly stated otherwise, any new features provided by Cordchat that augment or enhance the current Services shall also constitute “Services” and shall be subject to these terms and conditions. All rights not expressly granted under this Agreement are retained by Multiable.

Acceptable Use Policy

You represent and warrant that you will not violate any of the terms and conditions of this Agreement, and agree that:

·       you will use the Services strictly in accordance with this Agreement and will not, and will not  permit others to: (i) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Multiable or its affiliates, partners, suppliers or the licensors of the Services; (ii) use the Services for any purpose for which it is not designed or intended;

·       you will not submit or transmit through the Services any material, or otherwise engage in any conduct that: (i) violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights; (ii) is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortuous; (iii) victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (iv) impersonates any person, business, or entity; (v) contains viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise permit the unauthorised use of a computer or computer network; or (vi) encourages conduct that would constitute a criminal offense;

·       you will not: (i) violate this Agreement, guidelines, or any policy posted on the Website; (ii) interfere with the use of the Services by others; (iii) use the Services in any manner that could damage, disable, overburden, or impair our servers or networks; (iv) interfere with or disrupt networks connected to the Services or violate the regulations, policies or procedures of such networks; or (v) attempt to gain unauthorised access to any Services through hacking, password mining, or any other means;

·       you will only use the proprietary information or interfaces or other intellectual property of Multiable in the design, development, manufacture, licensing or distribution of permitted developer applications described in this Agreement;

·       Cordchat web application (excluding Cordchat mobile app, Cordchat complied server and Cordchat server source code) includes Public Software released under an open source license agreement (Apache license v2.0 defined at https://www.apache.org/licenses/LICENSE-2.0) and you may use these public code and interfaces under the terms of the Apache license described in the link above.  “Public Software” means any software, documentation or other material that contains, or is derived (in whole or in part) from, any software, documentation or other material that is distributed as free software, open source software (e.g., Linux) or similar licensing or distribution models, including, but not limited to software, documentation or other material licensed or distributed under any of the following licenses or distribution models, or licenses or distribution models similar to any of the following: (i) GNU’s General Public License (GPL), Lesser/Library GPL (LGPL), or Free Documentation License; (ii) the Artistic License (e.g., PERL); (iii) the Mozilla Public License; (iv) the Netscape Public License; (v) the Sun Community Source License (SCSL); (vi) the Sun Industry Standards License (SISL); (vii) the BSD License; and (viii) the Apache License;

·      Cordchat server source code (excluding Cordchat mobile app, Cordchat web application and Cordchat complied server) source code offered (available at https://www.cordchat.com/cordchatservercode) under an AGPL v3.0 license, their enhancements must be open sourced, so 100% of the community can benefit;

·      to avoid confusion, derivative open source servers created under an AGPL v3.0 license are required to use their own distinct name and logos, and may not use the Cordchat name or logos, which are trademarked;

·       where we have given you (or where you have chosen) a password which enables you to access certain parts of our Website and Services, you are responsible for keeping this password confidential. You will not disclose it to any other person or share a password with anyone. If you fail to keep it confidential, we have the right to disable any user identification name and password at any time, without notice to you.

Content publication

Cordchat only provides a platform for users to communicate. It does not screen, review or control the content and the qualifications of the participants. Since all content of Cordchat (including but not limited to the content of live streaming) is provided by the user, you agree that Cordchat is not responsible if any loss is aroused from the usage of Cordchat. You must pay attention to and abide by the law and the Terms of Use of Cordchat. If you publish something that violates the law or our Terms of Use, we reserve the right to terminate your Cordchat account without notice.

Transaction and payment

Cordchat reminds users that any transaction or payment with an unidentified person carries risks, and Cordchat cannot control such risks. Cordchat cannot guarantee an absolute secure trading environment, and users should always be cautious. For example, if you leave any personal information or contact methods to strangers on Cordchat, there may be a risk. Cordchat will not involve in any disputes between users. When you wish to pay someone on Cordchat, you must first read the Terms of Use and comply with the following: (a) The user must be fully responsible for any transaction or payment he or she has made. (b) The user must resolve the dispute arising from the transaction or payment on their own. (c) The user must bear the costs incurred by the transaction or payment. (d) The user must understand and comply with all relevant laws, including the laws of the Hong Kong SAR. Cordchat is just a platform provider and will not intervene in any transaction or payment between users. Cordchat has no review, control and guarantee for the quality, safety, legality, authenticity and accuracy of the contents, as well as the goodwill and credibility of the users. The transaction or payment (if any) is purely a private deal between the users so that you and the relevant user are solely responsible. Cordchat has no right and will not act on behalf of any user. You agree to all claims, actual or consequential damages arising out of or in connection with the published content, completed or uncompleted transaction or payment, regardless of their nature and whether they are known, Cordchat and its agents, employees and related companies will not be held liable for any problems that may occur or not.

Termination, suspension and modification

These terms will apply from your acceptance until the Agreement is terminated.

You may terminate this Agreement at any time after contract expiry by notifying Multiable at support@Cordchat.com and immediately discontinuing all use of the Services.  

This Agreement will terminate automatically if you breach any of its terms or conditions (including a default in your payment obligations). Without limiting other remedies, Multiable may in accordance with any applicable law limit, suspend, or terminate this Agreement and your use of the Services, prohibit access to the Services and delete your account, with immediate effect, automatically and without liability, if Multiable believes that you are in breach of this Agreement, creating problems, legal liabilities (actual or potential), infringing someone else's intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for any other reason at Multiable’s sole discretion.

Multiable shall effect such termination by providing notice to you to the Cordchat user identifier (Cordchat ID, e.g. @myname:Cordchat.com) and/or e-mail address you have provided, and/or by preventing your access to your Account. Upon termination, you shall immediately discontinue all use of the Services. Upon suspension of your Services, in whole or in part, for any reason all of your rights with respect to the Services shall be terminated during the period of the suspension. Upon termination of this Agreement for any reason all of your rights under this Agreement shall immediately terminate.

To the extent permitted by applicable law, and in accordance with the terms of this Agreement, Multiable reserves the right at any time to: (i) terminate this Agreement in whole or in part; or (ii) terminate, suspend, modify or discontinue any aspect of the Services in whole or in part including, for the avoidance of doubt, any connection to third party applications.

Terms contained under the following headings “Termination suspension and modification”, “Providing the Services”, “Data Privacy”, “Liability”, “Indemnity”, “Contact” and “General” will survive the termination of this Agreement.

Providing the Services

The Services are provided on a best-efforts basis. In addition to our rights to terminate or suspend Services to you as described in this Agreement, you acknowledge that: (i) your access to and use of the Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Services for any reason, including as a result of power outages, system failures or other interruptions; and (ii) to the extent permissible under applicable law, we shall also be entitled, to suspend access to any portion or all of the Services for any reason, including the lack of availability of any third party application; and/or (iii) to the extent permissible under applicable law, we shall also be entitled to make modifications to the Services at any time, on a Service-wide basis: (a) for scheduled downtime to permit us to conduct maintenance or make modifications to any Service; (b) in the event of a denial of service attack or other attack on the Service or other event that we determine, in our sole discretion, may create a risk to the applicable Service, to you or to any of our other customers if the Service were not suspended; or (c) in the event that we determine that any Service is prohibited by law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons (collectively, “Service Suspensions”). We will contact you in advance to tell you we will be suspending any aspect of the Services, unless the problem is urgent or an emergency.

We strive to keep information you provide to us secure, but cannot guarantee that we will be successful at doing so. Accordingly and without limitation, you acknowledge that you bear responsibility for adequate security, protection and backup of your Content including all audio recordings, video recordings, images, text messages and other data associated with your account. We strongly encourage you, where available and appropriate, to use encryption technology to protect your Content from unauthorised access and to routinely archive your Content.

Disclaimer of Warranty

MULTIABLE PROPERTIES, THE MULTIABLE MARKS INCLUDING THE Cordchat BRAND (DEFINED ABOVE), THE SERVICES (DEFINED ABOVE) AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, CONTENT, IMAGES, MATERIALS AND OTHER DATA OR INFORMATION PROVIDED BY US OR OUR LICENSORS IN CONNECTION THEREWITH (COLLECTIVELY THE “SERVICE OFFERINGS”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OFFERINGS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW. WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. WE AND OUR LICENSORS DO NOT WARRANT THAT THE SERVICE OFFERINGS WILL FUNCTION AS DESCRIBED, WILL BE UNINTERRUPTED OR ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT THE DATA YOU STORE WITHIN THE SERVICE OFFERINGS WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. WE AND OUR LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY THIRD PARTY OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

With respect to any Feedback or Communications, you represent and warrant that such Feedback and Communications, in whole or in part, contributed by or through you: (i) is legally distributable by you, either because you own the copyright or because you have fully complied with any copyright terms associated with the software or content; and (ii) does not violate, misappropriate or infringe any intellectual property rights of any third party.

You represent and warrant that you are duly authorised to do business in the jurisdiction where you operate.

Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAWS NEITHER WE NOR ANY OF OUR LICENSORS SHALL BE LIABLE TO YOU FOR ANY UNFORESEEABLE DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR CONTENT; (iv) ANY SERVICE SUSPENSION; (v) ANY UNAUTHORISED ACCESS OR USE, CORRUPTION, DELETION, DESTRUCTION OR LOSS OF ANY OF YOUR CONTENT.

TO THE EXTENT PERMITTED BY APPLICABLE LAW AND UNLESS STATED OTHERWISE IN THIS AGREEMENT, IF YOU OR MULTIABLE TERMINATE THIS AGREEMENT, OR IF MULTIABLE SUSPENDS YOUR ACCESS TO THE SERVICE, YOU AGREE THAT MULTIABLE SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO YOU.

IN ANY CASE, OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO US HEREUNDER FOR THE SERVICES DURING THE PRECEDING THREE (3) MONTHS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITED OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR GROSS NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION, WILFUL MISCONDUCT OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY ENGLISH LAW.

IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS WE WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.

THE PRODUCTS DO NOT AND ARE NOT INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS TO ANY EMERGENCY SERVICES. “EMERGENCY SERVICES SHALL MEAN SERVICES THAT ALLOW A USER TO CONNECT WITH EMERGENCY SERVICES PERSONNEL OR PUBLIC SAFETY ANSWERING POINTS SUCH AS 911 OR E911 SERVICES.” NEITHER MULTIABLE NOR ITS OFFICERS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR ANY CLAIM, DAMAGE, OR LOSS (AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION), ARISING FROM OR RELATING TO YOUR INABILITY TO USE MULTIABLE OR ITS SERVICES TO CONTACT ANY EMERGENCY SERVICES, OR YOUR FAILURE TO MAKE ADDITIONAL ARRANGEMENTS TO ACCESS EMERGENCY SERVICES.

Additionally, we specifically disclaim all liability, and you shall be solely responsible for the development, operation, and maintenance of your Application and for all materials that appear on or within your Application and you agree that you shall, without limitation, be solely responsible for:

·       the technical operation of your Application and all related equipment;

·       the accuracy and appropriateness of any materials posted on or within your Application (including, among other things, any product-related materials);

·       ensuring that any materials posted on your site or within your Application do not violate our Acceptable Use Policy Section;

·       ensuring that your Application accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognise cookies on visitors’ browsers; and

·       any of your users’ or customers’ claims relating to your Application or any Services utilised in connection with your Application.

Intellectual Property

Other than the limited use and access rights and licenses expressly set forth in this Agreement, we reserve all right, title and interest (including all intellectual property and proprietary rights) in and to: (i) the Services; (ii) the Multiable Properties; (iii) the Cordchat Brand and (iv) any other technology and software that we provide or use to provide the Services and the Multiable Properties. You do not, by virtue of this Agreement or otherwise, acquire any ownership interest or rights in the Services, the Multiable Properties, the Multiable Marks, or such other technology and software, except for the limited use and access rights described in this Agreement.

Multiable may, at its discretion, offer certain Software Development Kits, tools, application samples, or documentation under an open source license. Any such products will be marked with copyright details, and those copyrights will apply to those and only those documents. Multiable reserves all rights to any documents, tools, services, technologies and the like which are not designated with an open license.

Other than the rights and interests expressly set forth in this Agreement and excluding any and all works derived from Multiable Properties, you reserve all right, title and interest (including all intellectual property and proprietary rights) in and to: (i) content and data you may send to us or use as part of your use of any Services (“your Content”); and (ii) your Applications.

In the event you elect, in connection with any of the Services, to communicate to us suggestions for improvements to the Services, the Multiable Properties or the Multiable Marks (collectively, “Feedback”), via official support channels (i.e. support@Cordchat.com), we shall own all right, title, and interest in and to the same, even if you have designated the Feedback as confidential, and we shall be entitled to use the Feedback without restriction. Furthermore, any other content or information you post or provide to Multiable via such channels (collectively “Communications”) shall be considered the property of Multiable. You hereby irrevocably assign all right, title and interest in and to the Feedback and Communications to us and agree to provide us such assistance as we may require to document, perfect, and maintain our rights to the Feedback and Communications.

During and after the term of the Agreement, with respect to any of the Services that you elect to use, you will not assert, nor will you authorize or encourage any third party to assert, against us or any of our customers, end users, vendors, business partners (including third party sellers on websites operated by or on behalf of us), sublicensees or transferees, any patent infringement or other intellectual property infringement claim with respect to such Services.

Data Privacy

Please refer to our Privacy Policy for full details on how we collect, process and use your data. By using the Website or our Services you are consenting to the terms of our Privacy Policy.

Cookie Policy

We currently use cookies to support our use of Google Analytics on the Website and Service. Google Analytics collects information about how you use this site, please refer to our Privacy Policy for the information we collect. Cookies don’t identify individuals personally, but are used on websites to remember the activities and preferences of users and distinguish between them.  This helps us to provide you with a good experience when you browse our Website and use our Service and also allows us to improve both our Website and Service.  We may choose to use additional cookies in the future.  If we do, we will update this policy and keep you informed.

Indemnity

You agree to indemnify, defend and hold us, our affiliates and licensors, each of our and their business partners (including third party sellers on websites operated by or on behalf of us) and each of our and their respective employees, officers, directors, employees and representatives, harmless from and against any and all claims, losses, proceedings, damages, liabilities, judgments, penalties, fines, costs, interests and expenses (including reasonable attorneys’ fees), arising out of or in connection with any claim arising out of: (i) your use of the Services, Multiable Properties and/or Multiable Marks in a manner not authorised by this Agreement, and/or in violation of the applicable restrictions and/or applicable law; (ii) your Application, your Content, or the combination of either with other applications, content or processes, including but not limited to any claim involving infringement or misappropriation of third-party rights and/or the use, development, design, manufacture, production, advertising, promotion and/or marketing of your Application and/or your Content; (iii) your violation of any term or condition of this Agreement or any applicable additional policies, including without limitation, your representations and warranties; or (iv) you or your employees’ or personnel’s negligence or wilful misconduct.

Contact

Notices made by us will be provided to you via the Cordchat ID you registered and the e-mail address provided to us in your registration for the Services or in any updated e-mail address you provide to us in accordance with standard account information update procedures we may provide from time to time. It is your responsibility to keep your email address current and you will be deemed to have received any email sent to any such email address, upon our sending of the email, whether or not you actually receive the email.

Notices made by you to us under this Agreement and for questions, complaints or claims regarding this Agreement or the Services, should be sent by e-mail to support@Cordchat.com or by post and addressed to:

Multiable Company

1/F, Dominion Centre

43 Queen’s Road East, WanChai

Hong Kong SAR

General

Severability. If any portion of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect, and any invalid or unenforceable portions shall be construed in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from this Agreement, and the rest of the Agreement shall remain in full force and effect.

Waivers. The failure by us to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision nor in any way affect our right to enforce such provision thereafter. All waivers by us must be in writing to be effective.

Successors and Assigns. You may not transfer your rights or your obligations under  this Agreement or any of the rights granted hereunder, without our written consent, except as expressly set forth in this Agreement. Any attempted assignment, sublicense, or transfer in contravention of this clause shall be null and void and of no force or effect. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to terminate this Agreement.

Third Parties Beneficiaries. Nothing contained in this Agreement is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person.

Entire Agreement. This Agreement incorporates by reference all policies and guidelines posted on the Cordchat Website (http://Cordchat.com) and as may be modified thereafter and constitutes the entire agreement between you and us regarding the subject matter hereof and supersedes any and all prior or contemporaneous representation, understanding, agreement, or communication between you and us, whether written or oral, regarding such subject matter.  

No Endorsement. You understand and acknowledge that we are not certifying nor endorsing, and have no obligation to certify or endorse, any of your Applications or your Content.

Governing Law. This Agreement shall be governed by the laws of Hong Kong SAR, excluding its conflict of law provisions. Unless contrary to the law where you reside, all disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of Hong Kong SAR and you expressly consent to the exercise of personal jurisdiction in the courts of Hong Kong SAR in connection with any such dispute.  This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.