Terms Of Use
Chinwag: Terms Of Use
Please read these terms and conditions ("Terms") carefully as they apply to all and any:
• use of this web site and each of Chinwag's associated sites (including without limitation www.chinwag.com, live.chinwag.com, www.uk-netmarketing.co.uk, www.uk-netmarketing.com, www.uk-webcasting.co.uk, www.uknm.co.uk, www.uknm.com, jobs.chinwag.com, www.viralmonitor.co.uk, www.viralmonitor.com www.uk-comedy.co.uk) ("Sites?");
• services associated with the Sites or otherwise supplied by Chinwag (including without limitation all Sites, mailing lists, blog comments, email lists, newsgroups, chatrooms web mail, message boards and like forums run operated or controlled by Chinwag ("Chinwag Services"); postings, advertisements, emails and other communications made to or using the Chinwag Services ("Submissions"); purchase of Chinwag Services.
If you do not accept these Terms you should not use any Site, make submissions or subscribe to any Chinwag Services or purchase and Chinwag Services.
Chinwag may make alterations to these terms and conditions from time to time and these variations shall become effective immediately upon being accessible from the website.
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About us
Bigmedia Limited t/a Chinwag is company specialising in the provision of online services, to provide a forum for the sharing, discussion, distribution, and dissemination of information, views and news on various topics.
Chinwag is the trading name of Bigmedia Limited, a company registered in England (Company Number: 3152923) whose registered address is: 13 Grove Road, London, W3 6AW. Chinwag can be contacted via email help
chinwag [dot] com or by telephone +44 7480 137465. Chinwag is a registered trademark.
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Obtaining Chinwag Services
You can purchase Chinwag Services in the following ways:
• by telephoning +44 7480 137465;
• or on-line.
To purchase Chinwag Services, please place an order in any of the ways described above. This will be your "Order" and is an offer to buy the Chinwag Services for the price stated, subject to these Terms.
After you have submitted your Order we will send you an e-mail to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your Order details. The fact that you receive an automatic confirmation does not necessarily mean that we will be able to meet your Order.
Once we have sent the confirmation email we will then check the Order and if we accept it we will either contact you with a further email stating that it is accepted or commence providing the Chinwag Service. Once you have receive this email or the Chinwag Service begins then a binding contract will exist.
Following acceptance Chinwag may cancel a sale and not supply the Chinwag Service if it is reasonable to do so and may change or discontinue the availability of any Chinwag Services at any time at its sole discretion.
All new Orders are deemed separate and each is treated individually.
Price and Payment
Prices are quoted in UK pounds - outside the UK your credit card company should exchange the amount charged to the currency of your country at the current rate.
Payment may be required before the Chinwag Service is provided and if not payment due from the moment the Order is accepted.
Payment may be made by credit card, debit card, cheque or postal order. Outside the UK all payments must be by credit or debit card.
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Credit Card
Orders may be processed online, or over the phone, using a credit or debit card (currently VISA, MasterCard, Delta, Maestro and Switch/Solo). We aim to debit money from your account within three working days after receiving your Order.
Credit/debit card details will be encrypted to minimise the possibility of someone being able to read them as they are sent over the Internet. Please refer to our privacy policy regarding use of your data including credit card data.
Your credit card company may also do security checks to confirm it is you making the Order.
All Order details and invoices will be sent to the credit card billing address and not the delivery address where they differ.
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Cheque or Postal Order
In the UK, you may pay by cheque or postal Order if you wish.
Please make cheques payable to Chinwag. Please also send us a covering letter detailing your Order, cheque guarantee card number, guaranteed amount, expiry date, contact details and delivery address.
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Availability and Access
We try to keep the Chinwag Services as maintained and up to date as possible but cannot guarantee that a particular Chinwag Service will always be available. If it isn?t you will not be charged for it or we will refund or re-credit your account with the amount debited by us (as appropriate) and we will notify you as soon as we can after receiving your Order.
In order to use any Chinwag Service you will need to register as a user, submit information and choose a username and a password.
The username and password chosen by and issued to you upon registration with Chinwag is personal to you in order to facilitate your use of and access to the Chinwag Services and shall not be disclosed to any third party without Chinwag?s prior written consent.
In the event that you believe your username or password to have been compromised you undertake to inform Chinwag immediately.
You accept and understand that you are solely liable for any use of the Chinwag Services undertaken by use of your username and password whatsoever.
Once your membership has been verified you will be entitled to use the Chinwag Services.
You may only use the Chinwag Services once your registration is complete and accepted.
You warrant and undertake that all the information supplied during registration is truthful, complete and correct.
In the event that the information you have supplied is incomplete or incorrect you agree to indemnify Chinwag against any loss or damage incurred by Chinwag and any third parties who may suffer damage as a result of the information that you have supplied.
You accept and understand that you are obliged to ensure that all information held about you by Chinwag is up to date and that you can amend your registration details at any time through the Chinwag Services at http://jobs.chinwag.com.
If you use the Chinwag Services you confirm undertake that you have the necessary hardware, software and capability required.
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Refund Policy
We want you to be totally satisfied with every purchase you make from Chinwag. It is our aim to offer you value and quality. If, for any reason, you are not completely happy with your purchase, simply contact helpchinwag [dot] com within 30 days of purchase, and we'll exchange the service or offer you a full refund and that's guaranteed! Your statutory rights are unaffected.
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Submissions
Chinwag is a mere conduit engaged in the business of providing an Internet information, education, entertainment and communication service or tool and is engaged in the transmission, storage, retrieval, hosting, formatting or translation of third party communications without selection or alteration of the content of the communication.
You agree and accept that Chinwag has no responsibility to review the content of any Submissions or communications or contributions to (or which are part of) the Chinwag Services all of which are made available on the basis that Chinwag shall not be required to exercise any control or judgement of the content or the material posted or contained therein.
The views expressed in any Submissions are the views of the individual contributors and not those of Chinwag unless specified otherwise by Chinwag. In particular but without limitation to the above Chinwag is not responsible for and disclaims all liability in respect of any comments, views or remarks expressed in any Submissions.
Chinwag gives no warranty and makes no representation as to the accuracy, currency or validity of the information and material contained within the Submissions or the Chinwag Services and shall not be responsible for any loss or damage caused as a result of any use of such material.
Chinwag has no control over the accuracy, truth, validity or content of a Submission nor whether the person making a Submission is who they say they are or entitled to make it.
You agree and undertake that you will not post or transmit to, through or using the Chinwag Services any statement, material or Submission that:
• is unlawful or which gives rise to civil or criminal liability;
• is abusive, illegal, pornographic, defamatory, libellous, untrue, discriminatory, obscene, inflammatory or racist;
• infringes upon the intellectual property rights of any third party;
• is technically harmful such as computer viruses, worms, logic bombs or other malicious software or harmful data;
• may otherwise cause damage, interruption or delay to the Chinwag Services; is fraudulent, false or misleading;
• harasses any person;
• solicits, invites, encourages, advocates, incites or provokes any or all of the foregoing;
• contains, links to or directs persons to such material.
Chinwag reserves the right to refuse or remove any Submission for any reason including that it is contrary to these Terms.
In any activity undertaken following use of and related to your use of the Chinwag Services you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call Chinwag into disrepute.
You agree to indemnify and hold harmless Chinwag against all liability it may have in respect of and arising out of your use of the Chinwag Services and your Submissions.
In the event that you believe that you have any action or claim against another user as a result of that user?s behaviour in the use of the Chinwag Services you agree to pursue such an action or claim independently of Chinwag and understand, agree and accept that you shall have no right to pursue Chinwag for any claims, liability, damages, losses, costs and expenses, including legal fees, arising from or in any way connected with such right, claim or action.
Despite the fact that we ask users to warrant that information provided during registration or in a Submission or during a transaction is correct Chinwag have no way of verifying this and as such you should take care and think carefully when using the Chinwag Services. People are not always who they say they are and although this is regrettable you agree and understand that Chinwag is not responsible for the acts or omissions of users of the Chinwag Services.
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Liability
Due to the nature of the Internet Chinwag provides and maintains Sites and the Chinwag Services on an "as is", "as available" basis and makes no promise that use of the Chinwag Services and any Site will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide the Chinwag Services for any reason beyond our control.
You will be responsible for any breach of these terms by you and if you use any Site or Chinwag Service in breach of these terms you will be liable to and will reimburse Chinwag for any loss or damage caused as a result.
These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall they exclude or limit Chinwag's liability for death or personal injury resulting from its negligence nor any fraudulent representation.
Chinwag will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law. Subject as aforesaid and to the maximum extent permitted by law, Chinwag excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Chinwag and Chinwag shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
• any incorrect or inaccurate information on any Site or Chinwag Service;
• any interruptions to or delays in updating any Site or Chinwag Service;
• any act or omission of any user or third party;
• the infringement by any person of any Intellectual Property Rights of any third party caused by their use of any Site or any Chinwag Service;
• any loss or damage resulting from your use or the inability to use any Chinwag Services or a Site or resulting from unauthorised access to, or alteration of your Submissions, transmissions or data in circumstances which are beyond our control;
• any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong;
• any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading a Site, or from transmissions via emails or attachments received from Chinwag or its licensees and affiliates;
• the availability, quality, content or nature of the other sites on the Internet that are owned and operated by third parties ("External Sites") to which any Chinwag Service or a Site link and web sites located on or through any External Site nor for any transactions involving External Sites (including as to 'cookies', personal data, confidential information, or purchases of domain names or other services). You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links, web site or transactions;
• all representations, warranties, conditions and other terms which but for this notice would have effect.
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Intellectual Property Rights, Copyright and Trade Marks
The design, development, layout, concepts, source code and back end software of the Sites and Chinwag Services, except where expressed otherwise, are the property of Chinwag and all copyright, design rights, database right, patents, personality rights and any rights to inventions, know-how, trade and business names, trade secrets, logos and devices, trade and service marks (whether registered or unregistered) and any applications therefor ("Intellectual Property Rights") in them belong to and vest in Chinwag, or are licensed to Chinwag unless otherwise specified. All such rights of Chinwag are hereby asserted and reserved.
No person other than the rightful owner or licensee of such Intellectual Property Rights may:
• distribute, modify, transmit, re-use, re-post, or use any or all of the Chinwag Services or the information contained therein for any purpose other than as set out above nor for public or commercial purposes without Chinwag's or the relevant licensee's prior written permission;
• provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to the Chinwag Services without Chinwag's or the relevant licensee's prior written permission;
• display, publish, copy, print, post or otherwise use the Chinwag Services and the information contained therein for the benefit of any other website without Chinwag's or the relevant licensee's prior written permission;
• process or otherwise use the information contained on or within the Chinwag Services for any illegal or immoral purpose nor use or process the same unfairly.
When making Submissions you agree and accept that Chinwag may publish or otherwise distribute them and you therefore grant to Chinwag an irrevocable, perpetual, non-exclusive right and licence to publish the Submissions and all content contained therein on or within the Chinwag Services, on any other media whatsoever and in its own advertising and promotion.
You alone shall be responsible for your Submissions and the content of your Submissions and all rights, duties and obligations that go with it and represent and undertake to Chinwag that such Submissions do not involve, contain or include material that is likely to infringe the Intellectual Property Rights of any third party.
You may not entitled to reproduce any of material contained within the any Site or Chinwag Service for any purpose except with the permission of the owner or as provided by law or as set out below.
You MAY download and use the Chinwag Services for your private, non-commercial, personal use only, provided that you retain all copyright notices and other proprietary notices contained on the Chinwag Services. You may not sub-licence or deal in this right without Chinwag's prior written permission.
You therefore hereby undertake to Chinwag to indemnify and hold harmless Chinwag in full and defend at its own expense Chinwag against all claims, liabilities, costs and losses whatsoever and howsoever incurred by Chinwag its servants or nominees arising out of any claim made against it in any jurisdiction in the world for infringement of any Intellectual Property Rights of any third party caused by your use of the Chinwag Services and your Submissions.
Chinwag, chinwag.com, the chinwag.com logo, viralmonitor, chinwag jobs, the chinwag jobs logo and the Chinwag logo are trade names or trade marks of Chinwag, the use of which is expressly forbidden by any other persons without the express permission of Chinwag.
Chinwag makes no warranty or representation in respect of any other trade mark or trading name, symbol or device, all of which are hereby acknowledged. If you have any questions in relation to the use of any marks contained within the Chinwag Services please contact Chinwag at the address below.
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Termination
Chinwag may change or withdraw any part of the Chinwag Services or a Site, or may refuse you access to the web site at any time if we consider it necessary.
Chinwag shall be entitled to terminate this Agreement and immediately remove, cancel or suspend access to and use of the Chinwag Services upon your breach of any part of these Terms whatsoever.
Termination shall be without prejudice to Chinwag's other rights.
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General
These Terms constitute the full agreement between you and Chinwag and may only be amended in writing. They apply to the exclusion of all other terms or conditions of contract proposed.
Chinwag acts as principal on its own account and not as agent for you or any other person.
If Chinwag does not enforce any provision of this agreement such will not be considered a waiver or continuing waiver of any provision or right.
In the event that any part of these Terms is held to be unenforceable, such part will at Chinwag?s option be construed as far as possible to reflect the parties? intentions and the remainder of the provisions will remain in full force and effect.
Since we are principally aiming Sites and the Chinwag Services at the UK market, we cannot guarantee that it accords with local laws of any other countries (though we will try to make sure it does).
Use of Chinwag and these terms are subject to the laws of England and the jurisdiction of the English Courts.
All questions, comments or enquiries should be directed by email to postmaster(AT)chinwag.com or by post to Postmaster, Chinwag
Where national regulatory authorities have jurisdiction over the Chinwag Services and Submissions, Chinwag has attempted to ensure compliance with the requirements of such regulatory body. However, some of the information and content may not to be accessed from certain jurisdictions and it is hereby asserted that the Chinwag Services are intended for and directed at the UK and EU and no representation or warranty is made as to whether the Chinwag Services and Submissions comply with the regulatory regime and local laws of any other countries.
See also - our Privacy Statement
