ChitChat General Terms of Service

The effective date of these terms of service is 2nd October 2024

The purpose of these terms of service (which we refer to from now on as the Terms) is to explain the legal relationship between you and ChitChat and our rights and obligtions in connection with your use of the ChitChat App. Please read these Terms carefully because you are required to accept them before you can use the services we offer through the ChitChat App (The Services).

1. What is ChitChat?

• ChitChat is a messaging app with an integrated wallet, enabling its users to add funds and send funds to, and receive funds from, other ChitChat users and bank accounts, cash agents and mobile wallets internationally.
• ChitChat is provided by Union Fiftyfour Limited, a Payments System Business regulated by the Bank of Zambia and registered under PACRA (Company number - 120170000396) as a digital and financial services company in the Republic of Zambia.

2. ChitChat's Services

• ChitChat allows you to chat to other ChitChat users through text messages, and to exchange photos, videos and other content.
• ChitChat’s digital wallet enables you to add funds and to send funds to and receive funds from other ChitChat users and bank accounts, cash agents and mobile wallets internationally. In order to use this service, as part of the application process we will ask you to accept the separate  terms and conditions and complete the necessary identification process through the app’s onboarding process.
• ChitChat offers a virtual credit card for e-commerce transactions as a premium subscription service subject to certain qualification conditions. The application for the virtual debit card is available through this link. As part of the application process we will ask you to accept the separate terms and conditions and complete the necessary identification process.
• ChitChat may from time to time introduce additional services which, if you wish to access them, may require you to consent to separate terms relating specifically to those services.

3. Who can use ChitChat?

• You must be at least 18 years old to register for and use the messaging Services in the ChitChat App.
• If, according to the laws of the country where you live, you do not have legal capacity to enter into contracts, your parent or guardian may need to agree to these Terms on your behalf.
• You may not be able to access the Services (either at all or in part) if you live in a country whose regulations restrict us from offering the Services to you or where we are prevented from offering the Services by international regulations or sanctions. We reserve the right to withdraw or limit the Services in any country at any time.

4. Registering with ChitChat

In order to register for the Services you will be asked to provide your current mobile phone number. We will then ask for your consent to send you a One-Time-Password (OTP) to confirm your phone number in order to complete the registration process.

5. Using the Services

• After you have registered as a ChitChat user we will ask for your consent to access your contacts so that we can let you know which of them also uses ChitChat. We will not access your contacts without your consent.
• We will also ask for your consent to access your phone camera and microphone to enable you to make phone and video calls on ChitChat and or to attach media or change your profile picture.
• You will need internet access in order to use the Services. This is not provided by ChitChat and you are responsible for obtaining and paying for appropriate data plans to enable you to access and use the Services. The Services may not be available if you do not install the current version of the operating system for your mobile phone.
• We may provide updates to the Services from time to time which you will be asked to download and install if you wish to continue to use the Services. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the ChitChat App and the Services.
• We may need to send you notifications in relation to the Services from time to time. By continuing to use the Services you agree that we may send you in-app notifications and, periodically, text messages.
• You cannot use the ChitChat App to contact emergency services, such as the police, fire departments or medical services. You must ensure you are able to contact your local emergency services providers through your mobile phone, a fixed-line telephone or other means.

6. Acceptable Use Policy

• ChitChat has strict rules about the content and behaviour we consider to be inappropriate when using the Services. In order to protect you and other ChitChat users, we will be entitled in certain circumstances to take down content which breaches our rules and to block offending users from using the Services, either temporarily or permanently.
• You must use the Services in accordance with ChitChat's Acceptable Use Policy.
• We may take down content which breaches our Acceptable Use Policy. If you seriously or persistently breach the Acceptable Use Policy we may block you from using the Services, either temporarily or permanently.
• If we cancel your rights to use the ChitChat App and the Services:
  • you must immediately stop using the ChitChat App and the Services;
  • you must delete or remove the ChitChat App from all your devices and immediately destroy all your copies of the ChitChat App; and
  • You may be prevented from accessing some part or all of ChitChat’s services.

7. Privacy Policy And User Data

• Data protection laws require us to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. You can find this information here. Please read this notice carefully to ensure that you understand how and for what purposes we can use your personal data.
• ChitChat's services are international and this means that we may need to transfer and store your data in data centres outside your own country. Our Privacy Policy provides more information about international transfers.

8. Account Security

• You are responsible for the security of your ChitChat account. Please notify us via any of the channels available on our Help Center promptly if you become aware of any unauthorized use or security breach.
• You must notify us as soon as possible if you change your mobile phone number and we will not accept liability as a result of you losing your mobile phone number and/or failing to notify us in reasonable time.

9. Your Rights and Restrictions

ChitChat grants you a personal, non-transferable and revocable license for the sole purpose of enabling you to use the ChitChat App and the Services subject to these Terms. You shall have no intellectual property rights in, or to, the ChitChat App or the Services other than the right to use them in accordance with these Terms. As a condition of this license, you agree as follows:

• you shall not sub-license the ChitChat App or otherwise make it available in whole or in part to any other person without our prior written consent;
• you shall not modify or deconstruct the ChitChat App or combine it with any other programs except to the extent necessary to use the App and the Services as permitted in these Terms and conditions.
• you shall comply with all technology control or export laws and regulations which are applicable to ChitChat's technology.

10. Our Rights and Restrictions

By registering as a ChitChat user, you grant us a worldwide, non-exclusive, royalty-free and transferable license to use the content that you upload, send, or receive when you use the Services. This license is solely to enable us to operate the ChitChat App and provide the Services. You retain all of your ownership rights in your content.

11. Links to Websites

When using the Services you may see content which contains links to websites which are not provided by ChitChat and for which we are not responsible. It is your responsibility to ascertain whether links and third party content can be trusted and you should never open attachments, click links or download software from unknown sources or questionable websites. If you choose to access any such content, you do so at your own risk.

12. Making complaints

if you want to complain about the Services, including any complaints about content uploaded by other ChitChat users, please contact us on our Help Center.

13. Our Liability

• We do not exclude or limit our legal liability to you if to do so would be unlawful. This includes liability for death or personal injury which is caused by our negligence or and liability for fraud or fraudulent misrepresentation.
• In certain countries you may have legal rights as a consumer which may take precedence over these Terms. These Terms are not intended to exclude or limit any such consumer legal rights.
• Content created and uploaded by other ChitChat users is not verified or approved by us and we accept no liability for it. The opinions expressed by other ChitChat users do not represent our views or values. We accept no liability for any loss or damage you may suffer as a result of your use of or reliance on any third party content.
• If you are a business user we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity and we exclude all implied conditions, warranties, representations or other terms that may apply to the ChitChat App and the Services.

14. Changes to these Terms

We may amend these Terms from time to time and shall notify you of any significant changes. If you continue to use the Services following the amendment to the Terms you will be considered to have accepted the changes. If you do not agree to any amendments to the Terms, you must stop using the Services.

15. Availability of the Services

• We do not guarantee that the Services will always be available or be uninterrupted. We may restrict the availability of all or any part of the Services for business and operational reasons. We will try when possible to give you reasonable advance notice of any period of unavailability or interruption.
• We may modify, suspend, or terminate your access to or use of the Services at any time if you are in breach of these Terms.
• We may disable or delete your account if it does not become active after account registration or if it remains inactive for an extended period of time.

16. Assignments and Transfers

• We may assign our rights and obligations under these Terms to any of our group companies, or, in the case of a merger, acquisition or business sale, to the new owner or successor of the business. These Terms will continue to apply to your use of the ChitChat App and the services following any such assignment.
• You may not assign or otherwise transfer any of your rights or obligations under these Terms to any other person without our prior written consent.

17. Validity of these Terms

If any of these Terms is found to be unlawful, void, or for any reason unenforceable, it shall be deemed to be amended to the minimum extent necessary to make it enforceable. If it cannot be made enforceable it shall be deemed severable from these Terms. This shall not affect the validity and enforceability of the remaining provisions of these Terms, which shall remain in full force and effect.

18. Applicable Laws

• These Terms are governed by English law and the English courts will have exclusive jurisdiction in relation to any dispute regarding these Terms and their subject matter.
• Your own country's laws may apply and may in certain circumstances take precedence over these Terms in relation to the protection of your legal rights as a consumer.

19. Contact Us

You can contact ChitChat on our Help Center.