D2D CHAT TERMS OF SERVICE (ANDROID)

D2D CHAT TERMS OF SERVICE
Use of the D2D Chat and Site, and the services available via both (“services” or “our services”), is subject to these Terms of Service (together with the documents referred to in it)


Please read the Terms of Service carefully before You start to use the D2D Chat, as these will apply to your use of it. We recommend that You print a copy of this for future reference.


“D2D Chat” means D2D Chat, the Ultra-Private Messenger and all the content, information and data provided by us through the D2D Chat Messenger and includes any upgrades to the D2D Chat and any other software, or documentation which enables the use of the D2D Chat on Android, and/ or iOS smart phones.
“Site” means www.d2dchat.com

I.INFORMATION ABOUT US
By using our services, You are agreeing to be bound by these Terms of Service between You, a user of our services and Wemet Privacy Apps Ltd, Company no 10349625, with our registered office at 3 Montpelier Avenue, Bexley, Kent, DA5 3AP, (“D2D Chat”, “we”, “our” and “us” and other related pronouns)

II.COMPLIANCE WITH OUR TERMS

1.The Terms of Service refer to the following additional terms, which also apply to Your use of the D2D Chat App:

a)The D2D Chat Privacy Policy: which sets out how we collect, store and use Your personal information

b)The D2D Chat Acceptable and Fair Use Policy: which sets out rules of good behaviour applicable to Your use of our services; and

c)The D2D Chat Cookies Policy: which sets out our policy on the usage of cookies, web beacons and log files and data;

2.You must comply with these Terms of Service, the D2D Chat Privacy Policy, D2D Chat Acceptable and Fair Use Policy and D2D Chat Cookies Policy (hereinafter jointly referred to as “the Terms”) in Your use of our services and only use our services as permitted by applicable laws and regulations, wherever You may be when You use them.

3.You must review these Terms and our policies and instructions to understand how You can and cannot use our services.

4.If You do not agree to the Terms, You must not use our services.

III.OTHER TERMS

1.If You are under the age of 13, You must not use our services. If You are between the ages of 13 and 18 (or the relevant age in Your jurisdiction where You are considered a minor), Your parent or guardian must agree to these Terms (both for themselves and on Your behalf) before You can use our services. If they do not agree to these Terms, You must not use our services.

2.If You are using our services on behalf of a company, partnership, association, government or other organisation (Your “Organisation”), You warrant that You are authorised to do so and that You are authorised to bind Your Organisation to these Terms and in such circumstances “You” will include Your Organisation.

3.We may translate these Terms into multiple languages, and in the event, there is any difference between the English version and any other language version of these Terms, the English version will prevail (to the extent permitted by applicable law).

4. As D2D Chat App is an Ultra- Private Messenger App which uses direct connection to send and receive messages without using servers, therefore to optimise the use of D2D Chat App, we may recommend to change Your network settings to IPV4 or use a VPN. In server based processes this is done by the server but for the use of D2D, You may be required to change Your IP Settings manually or add a VPN. 

IV.ADDITIONAL COUNTRY-SPECIFIC TERMS

If You are a citizen or a habitual resident of the following countries, the following country-specific terms will also apply to Your use of our services:
USA; and Australia.

1.USA Specific Terms:

a.If You are a user of our services in the United States of America, the below terms are incorporated into these Terms, and override these Terms to the extent of any inconsistency.

b.If You are a California resident, You agree to waive California Civil Code Section 1542, and any similar provision in any other jurisdiction (if You are a resident of such other jurisdiction), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

c.EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.

2.Australia Specific Terms:
a.If You are a user of our services in Australia, the below terms are incorporated into these Terms, and override these Terms to the extent of any inconsistency.

b.All express or implied guarantees, warranties, representations, or other terms and conditions relating to these Terms or their subject matter, not contained in these Terms, are excluded from these Terms to the maximum extent permitted by law.

c.Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by any applicable law which cannot lawfully be excluded, restricted or modified.

d.If any guarantee, condition, warranty or term is implied or imposed by any applicable law and cannot be excluded (a “Non-Excludable Provision”), and we are able to limit Your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one of the following at our option:

i.in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or

ii.in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.


V.INCONSISTENCIES

1.To the extent that any of the additional policies are different from these Terms of Service, the relevant terms of the additional policies will apply, except that nothing in those additional policies will (unless expressly indicated otherwise in those additional policies) amend the following sections of these Terms of Service (which will apply in the event there is any difference):
“Changes to the Terms and our services”; 
“Our intellectual property rights”; and 
“Liability for our services and software”.

2.However, to the extent that any country-specific terms differ from these Terms of Service, or any of the additional policies, the relevant country-specific terms will apply, regardless of which section of these Terms of Service, is in question.

VI.APPLICATIONS STORES

1.The D2D Chat App can be downloaded from third party application stores including Google Play, and the Apple App Store etc.

2.You agree to comply with all third party terms and conditions and privacy policies, if any, applicable to the use of our services. D2D Chat shall not be responsible or liable for violation and infringement of any third party rights or terms and conditions in connection with access, download or installation of the D2D Chat App by You.

VII.LICENCE

1.Subject always to Your compliance with the Terms D2D Chat shall grant You a licence to use the D2D Chat App and related services, strictly in accordance with the Terms, provided that

a)You shall use the D2D Chat App solely for Your personal and lawful purposes only;

b)You shall not, nor allow third parties on Your behalf to:

i.resell or charge others for use of the D2D Chat App

ii.duplicate, disassemble, decompile, transfer, exchange or translate the D2D Chat App, create derivative works of the D2D Chat App of any kind whatsoever or attempt to reverse engineer, alter or modify any part of the D2D Chat App; and

2.You warrant to otherwise comply with the Terms (hereinafter referred to as the “License”).

3.For avoidance of any doubt this License is a personal, nonexclusive, non-transferable, non-sub licensable, revocable and a limited license to download and use the D2D Chat App on a mobile device that You own or control.

VIII.MODIFICATIONS TO THE D2D CHAT APP

1.As our services and user experiences are constantly evolving, we may from time to time, add, change, modify, discontinue or remove features from our services (including in relation to whether a service is free of charge or not), without cause, temporarily or permanently with or without any notice to You.

2.You agree that D2D Chat shall not be liable to You or to any third party for any modification, suspension or discontinuance of the D2D Chat App or the Site.

IX.YOUR ACCOUNT

1.You will need to create an account with us to access and use the D2D Chat App. 

2.To register for our services and use the D2D Chat App You agree to provide us with details such as Your PIN which You will create during registration, the country where You reside and Your email address (which is optional).

3.Any account You open with us is personal to You and You are prohibited from gifting, lending, transferring or otherwise permitting any other person to access or use Your account, however we can disable, deactivate or terminate Your account for whatever reason, including but not limited to Your non-adherence with these Terms.

4.You are responsible for: (i) safeguarding any passwords used to access Your account and our services, and (ii) all use of our services under Your account. You must promptly notify us at [email protected] if You know or suspect that Your password or account has been compromised.

5.We reserve the right at any time, without notice to You, to immediately permanently discontinue or delete Your account with us for Your non-compliance with the D2D Chat Acceptable and Fair Use Policy or these Terms in general.

X.PAYMENTS

1.Once You have downloaded the D2D Chat App,You will be able to receive messages free of charge. However, You can send messages, chat with and call any other D2D Chat App user only once You make a purchase and in accordance with the Acceptable and Fair Use Policy.

2.In addition, You are offered the opportunity to access additional features and become a premium user on payment of certain charges from time to time. You may become a premium user by purchasing the additional features in-app or through the website.

3.Your use of the premium features will be subject to the terms and conditions governing such premium features, from time to time. If You are acquiring the premium features for a fixed period of time, then the license set out above for use of such premium features applies only for the time period for which You have paid the requisite charges or fees. Your license to use the premium features after the expiry of such time period is conditional upon further payment of the requisite fees or charges. You must comply with the terms of payment as contained herein in relation to Your payments with us.

XI.TERMS OF PAYMENT

1.If You choose to access certain additional features and become a premium member You must provide Your name and billing information so that Your payment for the use of such additional features can be processed.

2.A valid credit/debit card is required for all paying accounts. The premium feature will be billed in full in advance. There will be no refunds or credits for partial months of use of the premium feature or refunds for months unused with an open account.

3.You may also make a payment for using the additional features on the Site. In order to purchase the premium features, You will be required to provide Your credit/debit card information and other such billing details required to process the payments. We use the services of third parties to process Your payments and refunds. Please review the terms of use and privacy policies of those third parties before providing Your banking, payment or billing information. We make use of encryption technology to protect Your personal information and take appropriate measures to comply with the relevant data protection laws.

4.If You purchase any premium feature, You agree to pay all charges which includes but is not restricted to taxes as applicable, any charges by us or the online application stores, or bank transaction charges when payment is made through credit card, or debit card or any other bank medium at the time of purchase or download. You hereby agree to abide by the relevant terms of service or other legal agreement that governs such medium or method used for payment.

5.Once the payment for a premium or additional feature has been processed, You will be able to immediately access and use such a feature.

6.We will not use Your billing information for any purposes other than those mentioned in the D2D Chat Privacy Policy. You may refer to the same for further details on how we use Your billing information.


XII.REFUNDS

1.If You believe that we have charged You in error, You must contact us at [email protected] within thirty (30) days of such charge. No refunds will be given for any bank charges appearing on Your bank statement. No refunds will be given for any charges more than 30 thirty (30) days old.

2.We reserve the right to refuse a refund request if we reasonably believe:

a.that You are trying to unfairly exploit this refund policy, for example, by making repetitive refund requests in respect of the same product or feature;

b.if You are in breach of any of the Terms (including without limitation, the terms of the License); or

c.if we reasonably suspect that You are using any of our products fraudulently or that Your User Account is being used by a third party fraudulently.

XIII.YOUR CONTENT

1.When You submit, transmit or display any data, information, media or other content in connection with Your use of our services (“Your Content”), You understand and agree that:

a)You will continue to own and be responsible and liable for Your Content;

b)our use of Your Content will be subject to our D2D Chat Privacy Policy;

c)You are giving us and our affiliate companies the right to use Your Content provided at registration solely for the purposes of providing, promoting, developing and trying to improve our services, including new services that we may provide in the future;

2.You understand that even if You seek to delete Your Content from our services, it may as a technical and administrative matter take some time or not be possible to achieve this. We will not transfer Your personal data and content to third party or any affiliate in any country or territory. .

3.You shall be solely responsible for Your own Status Submissions and the consequences of posting or publishing them. We do not make any guarantees as to the validity, accuracy or legal status of any status submitted by other users on the D2D App or Site.

XIV.RESPONSIBILITY FOR YOUR CONTENT

1.You are solely responsible for Your Content and You will not be able keep a back-up copy of it at :

2.You have the necessary ownership rights and licenses required to submit, transmit or display any Content on the D2D Chat App and the Site, and to grant us the rights as set out in these Terms;

3.Your Content will be in accordance with the D2D Chat Acceptable and Fair Use Policy and

4.Your Content (and our use of Your Content in accordance with these Terms) does not infringe or violate the intellectual or proprietary rights of any person or organisation or otherwise contravene any applicable laws or regulations.

XV.ACCESS

1.Contact Details:

a)You agree that in order to use our services, You will need to create an account by registering with us, using certain valid, complete and accurate details and information.

b) We will not access Your contact list and/or address/phone book and all its details as stored on Your mobile and / or computer devices and not sync them with our servers to find and keep track of mobile telephone numbers of other users and non-users of our services. However,  when You register with us, You may be  given the option of sending out invites to the contacts listed on Your mobile and computer device to download the D2D Chat App and register with us. Should You choose to send an invite/message to Your contacts, the same will appear as an SMS/message from You against Your name as may be saved on their mobile and computer device.

2.Hardware:

a)You agree that in order to enable You to access certain services and functionalities within the D2D Chat App, we may access certain hardware and software on Your mobile device, including but not limited to mobile device information, camera, microphone and gallery for image, videos and audio files.

b)You further agree that we may collect information related to Your mobile and computer devices in accordance and for the purposes mentioned in the D2D Chat Privacy Policy. Please refer to the D2D Chat Privacy Policy for more details.

3.Calendar:

a)When You create events or use certain features like schedule within the D2D Chat App and share your content with your family and friends through the events You create, we will access your calendar as well as the calendar of those family and friends to whom You have sent invites for such events. We will do so to remind You of the dates for such events.

b)You understand and agree that in order to fulfil your requests and to provide You and your family and friends with the relevant service, we will need to access, collect and read your calendar information. The D2D Chat App does not collect or read any information You may have stored within your calendar, other than that which is required to give You a customized user experience.

XVI.THIRD PARTY CONTENT AND SERVICES

1.We are not responsible for and we do not endorse, support or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed by or linked by our services, including content provided by other users of our services or by our advertisers. You acknowledge and agree that by using our services You may be exposed to content which is inaccurate, misleading, defamatory, offensive or unlawful. Any reliance on or use of any content on or accessible from our services by You is at Your own risk. Your use of our services does not give You any rights in or to any content You may access or obtain in connection with Your use of our services.

2.We also do not guarantee the quality, reliability or suitability of any third party services provided, made available or linked through our services and we will bear no responsibility or liability for such third party services. By using our services, You expressly acknowledge and agree that we shall not be responsible or liable for any damages, claims or other liability arising from or related to Your use of any third-party services or by Your reliance on any third party content hosted on the site or the D2D Chat App. If You access third party services through our services, You must comply with any terms and conditions applicable to those services.

3.We may review (but make no commitment to review) content or third party services made available through our services to determine whether or not they comply with our policies, applicable laws and regulations or are otherwise objectionable. We may remove or refuse to make available or link to certain content or third party services if they infringe intellectual property rights, breach copyright laws, are obscene, defamatory or abusive, violate any rights or pose any risk to the security or performance of our services.

4.There may be, from time to time, third party content and services on our services that are subject to further terms, including terms from the relevant third party that originally produced such content and services (for instance, the news agency that was responsible for writing a news article that then appears on our news service). In such cases, You agree to comply with any such further terms and conditions as notified to You.

5.If You have any concerns regarding any content on or any other aspects of our services, please contact [email protected]

XVII.THIRD PARTY SOFTWARE

1.The “Third Party Content and Services” section above applies to any software supplied by third parties (including but not limited to any software, plug-ins, tools, codecs, data and content within such software) for use in connection with, or incorporated within, our services (“Third Party Software”), including Your use of such Third Party Software.

2.In addition to that section, please note that we are not responsible or liable for and we do not endorse, support or guarantee the quality, reliability or suitability of any such Third Party Software. Any reliance on or use of such Third Party Software is at Your own risk. By using our services, You expressly acknowledge and agree that we shall not be responsible or liable for any damages, claims or other liability arising from or related to Your use of any third-party software.

3.You shall be responsible to ensure Your compliance with any additional terms and conditions that may be applicable to any such Third Party Software.

4.We do not provide any technical support for any Third Party Software. Please contact the relevant supplying third party for such technical support.

XVIII.OPEN SOURCE SOFTWARE

1.Further to the “Third Party Software” section above, our services may use software that is subject to “open source” licenses (the “Open Source Software”). Where we use such Open Source Software, please note that:

2.there may be provisions in the Open Source Software’s license that expressly override these Terms, in which case such provisions shall prevail to the extent of any conflict with these Terms; and

3.we will credit the relevant Open Source Software (including notifying You of the relevant Open Source Software terms) within our services, within an Appendix to these Terms and/or in another manner.

 

XIX.IN APP MARKETING:
a)We will use Your information in accordance with the D2D Chat Privacy Policy for the purpose of sending You in app messages for support services and as guidance on using certain features and for advertising  our products or services to enhance Your experience as a user.

XX.OUR INTELLECTUAL PROPERTY RIGHTS

1.All intellectual property rights in or to our services and software (including any future updates, upgrades and new versions) will continue to belong to us and our licensors. Except as expressly provided in these Terms, You have no right to use our intellectual property rights. In particular, You have no right to use our trademarks or product names (for example, “D2D Chat”.), logos, domain names or other distinctive brand features without our prior written consent. Any comments or suggestions You may provide regarding our services are entirely voluntary and we will be free to use these comments and suggestions at our discretion without any payment or other obligation to You.

2.Where our services involve You downloading and using any software from us, we grant You a limited, personal, non-exclusive, non-sub-licensable, non-transferable, royalty-free and revocable license to use the software in order to use our services in accordance with these Terms (including any specific technical requirements that relate to the software or its use on Your particular device).

3.You may not copy, modify, reverse compile, reverse engineer or extract source codes from our software, except to the extent that we may not prohibit You from doing so under applicable laws or regulations or You have our prior written consent to do so. Where applicable laws or regulations entitle You to reverse compile or extract source codes from our software, You will first contact us to request the information You need.

4.We may from time to time provide updates to our software. Such updates may occur automatically or manually. Please note that our services may not operate properly or at all if upgrades or new versions are not installed by You. We do not guarantee that we will make any updates available for any of our software, or that such updates will continue to support Your device or system.

XXI.WARRANTY AND DISCLAIMER
We warrant to You that we will provide our services using reasonable care and skill.
APART FROM THIS WARRANTY, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATION, ALL OF OUR SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND NEITHER US NOR ANY OF OUR AFFILIATE OR GROUP COMPANIES NOR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, ASSOCIATES, AGENTS OR OFFICERS MAKE ANY REPRESENTATION OR WARRANTY OR GIVES ANY UNDERTAKING IN RELATION TO OUR SERVICES, OUR SOFTWARE OR ANY CONTENT SUBMITTED, TRANSMITTED OR DISPLAYED BY OUR SERVICES, INCLUDING:
ANY REPRESENTATION, WARRANTY OR UNDERTAKING THAT OUR SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR FREE FROM VIRUSES;
THAT OUR SERVICES OR SOFTWARE WILL BE COMPATIBLE WITH YOUR DEVICE; OR
THAT OUR SERVICES OR SOFTWARE WILL BE OF MERCHANTABLE QUALITY, FIT FOR A PARTICULAR PURPOSE OR NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATION, YOU WAIVE ANY AND ALL IMPLIED REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS.
YOU UNDERSTAND THAT THE D2D CHAT APP IS PURELY MEANT FOR YOUR PERSONAL ENTERTAINMENT PURPOSES ONLY. WE DO NOT PROVIDE ANY GUARANTEE AS TO THE PERFORMANCE OF OUR SERVICES, SOFTWARES OR CONTENT. IN THIS RESPECT YOU EXPRESSLY AGREE TO HOLD US, OUR AFFILIATE AND GROUP COMPANIES, OUR DIRECTORS, ASSOCIATES, AGENTS AND OFFICERS HARMLESS FROM ALL DIRECT AND INDIRECT CLAIMS ARISING FROM PRODUCT LIABILITY AND UNDERSTAND THAT YOU ARE REQUIRED TO TAKE APPROPRIATE PRECAUTIONS AND MEASURES WHILE USING OUR SERVICES TO PREVENT MISUSE OF YOUR CONTENT IN ANYWAY.

XXII.LIABILITY FOR OUR SERVICES AND SOFTWARE

1.To the extent permitted by applicable laws and regulations, the total aggregate liability of us and our affiliate companies for all claims in connection with the terms or our services or software, arising out of any circumstances, will be limited to the greater of the following amounts:

a)the amount that You have paid to us for Your use of our service or software to which the claim relates in the 6 months immediately preceding the date of the most recent claim; and

b)GBP 25 (twenty five pounds sterling).

2.To the extent permitted by applicable laws and regulations, in no event will we or any of our affiliate companies, to the extent permitted by applicable laws and regulations, be liable under any circumstances for any indirect, special, consequential, exemplary or punitive damages or for any loss of business, revenues, profits, goodwill, content or data.

3.Notwithstanding any other provisions of the terms, nothing in the terms limits or excludes any of Your statutory rights in Your jurisdiction, to the extent these may not be excluded or waived under applicable laws and regulations.

4.You agree that You will be responsible for complying with applicable local law in Your jurisdiction for use of the Site and the D2D Chat App.

5.Please note that we are not responsible or liable for any third party charges You incur (including any charges from Your internet and telecommunication services providers) in relation to or arising from Your use of our services or software.

XXIII.INDEMNIFICATION

1.YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US, OUR AFFILIATE AND GROUP COMPANIES, OUR DIRECTORS, ASSOCIATES, AGENTS AND OFFICERS HARMLESS FROM ALL DIRECT AND INDIRECT CLAIMS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO LAWYERS OR LEGAL FEES) ARISING FROM:

a)YOUR USE OF AND ACCESS TO THE D2D CHAT APP AND / OR THE SITE;

b)YOUR VIOLATION OF ANY OF THE TERMS;

c)YOUR VIOLATION OF ANY THIRD PARTY RIGHTS; OR

d)ANY CLAIM THAT ONE OF YOUR STATUS SUBMISSIONS CAUSED DAMAGE TO A THIRD PARTY.

2.THE OBLIGATIONS CONTAINED IN THIS CLAUSE SHALL SURVIVE THE TERMS OF SERVICE AND YOUR USE OF OUR SERVICES.

XXIV.TERMINATION

1.This Agreement commences on the date You accept these Terms, that is, on the date You download and install the D2D Chat App on Your particular device. We may terminate or suspend Your use of the D2D Chat App or the Site at any time at our discretion, without notice to You.

2.These Terms will apply to Your use of our services until access to the relevant services is terminated by either You or us.

3.We may suspend, deactivate or terminate Your access to Your account or any or all of our services: (i) if we reasonably believe that You have breached these Terms; (ii) if Your use of our services creates risk for us or for other users of our services, gives rise to a threat of potential third party claims against us or is potentially damaging to our reputation; (iii) if You fail to use our services for a prolonged period; or (iv) for any other reason. Where reasonably practicable, we will give You notice of any suspension or termination.

XXV.TRANSFER OF RIGHTS AND OBLIGATIONS

1.You shall not transfer, assign, charge or otherwise dispose of this Contract, or any of Your rights or obligations arising under it.

2.We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract, without Your prior consent.

XXVI.EVENTS OUTSIDE OUR CONTROL

1.We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).

2.A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) Strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or circumstances beyond our control, failure of the use of public or private telecommunications networks, the acts, decrees, legislation, regulations or restrictions of any government.

3.Our performance under the Terms is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Terms may be performed despite the Force Majeure Event. You acknowledge and agree that in no event will our partners or affiliate companies have any liability under these Terms.

XXVII.ENTIRE AGREEMENT
1.The terms and conditions contained in this D2D Chat Terms of Service, the D2D Chat Privacy Policy , the D2D Chat Cookies Policy and the D2D Chat Acceptable and Fair Use Policy represent the entire agreement between You and us in relation to our services and shall supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

2.You acknowledge and agree that, You have not relied on any representation, undertaking or promise or implied any warranty or thing, whether said by spoken words or in writing except as expressly stated herein.

XXVII.GENERAL

1.The invalidity of any provision of the Terms (or parts of any provision) will not affect the validity or enforceability of any other provision (or the remaining parts of that provision).

2.If a court holds that we cannot enforce any part of the Terms as drafted, we may replace those terms with similar terms to the extent enforceable under applicable law, without changing the remaining terms of the Terms.

3.No delay in enforcing any provision of the Terms will be construed to be a waiver of any rights under that provision. Any rights and obligations under the Terms which by their nature should survive, including but not limited to any obligations in relation to the liability of, or indemnities (if any) given by, the respective parties, will remain in effect after termination or expiration of the Terms.

4.The headings in the Terms and conditions are for convenience only and have no legal or contractual effect. The Terms and conditions operate to the fullest extent permissible by law.

XXIX.OUR RIGHT TO VARY THE TERMS

1.We have the right to revise and amend these Terms from time to time, so please come back and review them from time to time.

2.By continuing to use our services after any changes to these Terms, with or without notice from us, You are agreeing to the revised D2D Chat Terms of Service.

3.If You do not agree to the D2D Chat Terms of Service, the D2D Chat Privacy Policy, the D2D Chat Cookies Policy and the D2D Chat Acceptable and Fair Use Policy, as may be revised from time to time, You may discontinue the use of our Services.

4.You agree that at any point of time, You will be subject to the Terms as last revised and in force.

XXX.GOVERNING LAW

1.Except to the extent that:

a)any applicable additional terms incorporated into the Terms provide differently, or

b)the applicable laws and regulations of Your jurisdiction mandate otherwise (for instance, You may have statutory rights in Your jurisdiction in relation to bringing or defending claims in a local court (including small claims court (or similar court), the Terms and any dispute or claim arising out of or in connection with the Terms will be governed by the laws of England and Wales.

2.This Agreement shall be governed by the laws of England and Wales. You irrevocably consent to the exclusive jurisdiction of courts in England, for all disputes arising out of or relating to this Agreement.

XXXI.CONTACT D2D CHAT
If You have any concerns about these Terms of Service, You may contact us via email on [email protected]

Version 2: Last updated on- 22 December 2017