MiChat Terms of Service

Last modified on 1 June 2020

Welcome to MiChat!

Welcome to MiChat (the “Platform”)! We, MiChat Pte Limited, UEN 201809553H, (“MiChat, “we” or “us”) are proud to be operating this Platform for your access and use. Through and in respect of this Platform, we provide various features and services, such as messaging, social media sharing, chatroom, internet calling, technical, customer support, and etc, through our mobile applications (“MiChat” and “MiChat Lite” (collectively, “MiChat Apps”)) or otherwise (collectively, “Services”).

Before registering and/or using our Platform and Services, you must first agree to the terms herein, including any terms expressly incorporated and applicable terms set out in Part 2 of the Terms of Service (collectively “Terms”). Please therefore read this document in detail, which becomes binding on you the moment you register or start using our Services. They contain information about your rights and obligations in relation to our Services. This Terms of Service is available on our website, www.michat.sg (“Website”), on any website or platform where you can access our Services, including from within our mobile application.

Part 1

Article 1. About

1.1. These Terms apply to your download, access and/or use (collectively, “use”) of any of our Services, whether on a computer, a mobile device, our Website or any other website, device or platform. This includes the Use of any of our products such as MiChat Apps, software and datafeed, including any updates or patches released by us.

1.2. The following documents are incorporated herein by reference with the same force and effect as though they are fully set forth herein, and they therefore shall apply to your Use of the Services as well. If there are any inconsistencies, each document shall take precedence according to the order as it is listed below to the extent of the inconsistency:

1) Terms of Service;
2) MiChat’s Privacy Policy, which can be found at https://www.michat.sg/privacy-policy/; and
3) MiChat’s Community Guidelines, which can be found at https://www.michat.sg/community-guidelines/.
To avoid doubt, we do not guarantee that the above web addresses are correct or functioning at all times and any incorrect or non-functioning web addresses shall not affect the proper incorporation of the relevant documents into the Terms of Service.

1.3. Simply by Using our Services, you are agreeing to the Terms. Without affecting the generality of the foregoing, you may be required to click the “agree” or “accept” button, or tick a checkbox for this Terms of Service. In doing so, you are agreeing to the Terms. In all cases, you shall further be deemed to have completely read and understood all the Terms and have taken proper legal advice. If you do not agree to any of these Terms, please do not Use any of the Services and uninstall any of our products that you may have installed in any device, browser or website immediately.

1.4. These Terms may be amended from time to time and shall take effect immediately upon publication by us on our Website without the need to provide further notice to you. You agree that It is your sole and absolute responsibility to review periodically the updated version of our Terms. If you do not agree to any of the amended Terms, then you must not or cease Using the Services. Any continuous use of our Services constitutes your acceptance to these changes, even if you have not been made aware of the changes.

1.5. You agree that you are at least 13 years old and that if you are between 13 years and 21 years old, your parent or legal guardian has reviewed and agreed to these Terms principally and on your behalf, and have consented to you Using our Services. Any rights and obligations accruing to you shall likewise accrue and bind your parent or legal guardian.

1.6. Depending on where your reside when you Use our Services, additional terms shall be applicable to you. Such terms are found under Part 2 of this Terms of Service, which comes after Part 1. Any conflict between the applicable terms in Part 2 and the terms in Part 1 shall be resolved in favour of the applicable terms of Part 2 to the extent of any inconsistency.

Article 2. Your Right to Use the Services

2.1. Subject to these Terms, MiChat grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services for your personal and non-commercial use only. The rights granted to you are subject to your strict compliance with these Terms. MiChat retains all ownership rights, titles and interests in and to the Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, moral rights, whether registered or not and all applications and modifications thereof. Unless expressly authorised by law, the Services may not be copied, reproduced, modified or distributed in any manner or medium, in whole or in part, without MiChat’s prior written consent. MiChat reserves all rights not expressly granted to you herein.

2.2. If you intend to use any of the Services for any commercial purpose, you shall seek our express agreement and enter into a further set of terms governing such use.

Article 3. Availability of Services

3.1 MiChat provides all Services to you on an “as is” and “with all faults” basis. MiChat does not guarantee, warrant or represent that any of our Services will be available or error-free at all times or at any given time, regardless of whose fault it is. MiChat shall therefore not be liable to you for any losses or damages that you may suffer as a result of you Using our Services that turns out to be defective, unavailable, disrupted or afflicted with any error.

3.2 MiChat may limit, suspend or terminate the Services, or portions thereof, and take technical and legal steps, (including, but not limited to, deleting any account associated with you and registered with us) to prevent you from accessing the Services if MiChat believes you are creating risk or possible legal liabilities, infringing intellectual property rights of third parties, or breaching and not acting in accordance with the letter or spirit of these Terms. In such an event, you shall not be entitled to any compensation in respect of any losses that you may suffer as a result.

3.3 MiChat reserves its right to stop offering and/or supporting the Services or a part thereof at any time without any prior notice to you, at which point your license to use the Services or a part thereof will be terminated automatically.

Article 4. Code of Conduct

4.1 You agree that you shall not, under any circumstance

a. Breach any laws that apply to you in the location where you access our Services. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services.

b. Post any information, content or other material (or post links to any information or content) or do anything that violates our Community Guidelines.

c. Use, either directly or indirectly, any automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Services,

d. Unless expressly permitted by us and conditioned on you agreeing to a further set of terms governing such commercial Use by you, Use the Services for commercial purposes.

e. Use the Services for fraudulent, abusive or harassing purposes against, or to harm any person or group, including but not limited to MiChat or any related persons. Fraudulent activities include impersonating any person or entity, or otherwise misrepresenting your affiliation with a person, entity or the Services, including, but not limited to MiChat or any person related thereto.

f. Disrupt, interfere with or otherwise adversely affect the normal flow of the Services or otherwise act in a manner that may negatively affect other users’ experience when using the Services.

g. Gain unauthorized access to the Services, to accounts not belonging to you or to the computers, servers, or networks connected to the Services by any means other than the user interface provided by MiChat. For example, you shall not circumvent, modify, defeat or overcome any of the encryption technologies or security measures that are part of the Service.

h. Decompile, reverse engineer or disassemble any of the Services.

i. Disguise, anonymise or hide your IP address or the source of any content that you may upload, post or transmit.

j. Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of publicity or other right of any person or entity.

k. Harvest, scrape or collect any information or data transmitted, processed or stored by MiChat including, but not limited to through the use of cookies, spyware, passive collection mechanisms or similar items, unless expressly permitted by MiChat.

l. Engage in any act that MiChat deems to conflict with the spirit or intent of the Services or make improper use of MiChat´s support services.

m. Distribute in any medium any part of the Services or content therein without MiChat’s prior written consent, unless MiChat makes available the means for such distribution through functionality or features offered by the Services.

n. Do anything that causes harm or damage to us or any other users.

o. Attempting to do, or assisting, advocating or encouraging any person to attempt or do any of the above.

Article 5. Account

5.1 You are required to create an account with us when Using our Services. The account shall be personal to you and you shall not be entitled to transfer it to anyone else. You shall take all steps necessary to remember and protect your log in details and keep them confidential. If you are unable to log into your account, MiChat shall be under no obligation to restore your access to your account.

5.2 All personal information disclosed to us for the purposes of creating the account shall be accurate and shall be processed and protected in accordance with our Privacy Policy.

5.3 You shall not give nor share your log in details to anyone else or allow anyone else to use your account. You are solely responsible for all uses and activities of your account. You acknowledge and agree that MiChat shall be entitled to deem that anyone logging into your account using your log in details is either you or, without affecting the aforesaid prohibition against permitting someone else to use your log in details or account, someone logging in with your express and written permission.

5.4 You must also not use another person’s account. You shall be liable for the losses of MiChat or others due to any such unauthorised use by you.

5.5 MiChat shall not be responsible to you for any loss or harm that you may suffer as a result of any unauthorised Use of your account, whether fraudulently, intentionally or otherwise, regardless if any fault is attributable to MiChat.

5.6 Without affecting MiChat’s other rights, MiChat reserves the right to delete your account if no activity is conducted by you in relation to the account for 180 or more days for whatever reason even if you are physically prevented from logging in.

5.7 If your account is deleted or blocked for whatever reasons, you may lose access to any data previously associated with your account. MiChat shall not be liable to you in any way for such an event.

5.8 You acknowledge and agree that you shall have no ownership or other proprietary interest in any account or any content therein that you have posted, transmitted or uploaded using any of our Services

Article 6. Content by Other User and You

6.1 You acknowledge and agree that MiChat does not control nor monitor any content posted, emailed, transmitted or otherwise made available by any users on our Services (“Content”). MiChat therefore does not represent, warrant or guarantee the accuracy, integrity or quality of such Content.

6.2 You acknowledge and agree that when using our Services, you may be exposed to Content that you may consider offensive, indecent or objectionable. You therefore shall have accepted all such risks. You waive, any legal or equitable rights or remedies you have or may have against MiChat with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless MiChat, its owners, operators, affiliates, licensors and licensees to the fullest extent allowed by law regarding all matters related to your Use of the Services.

6.3 MiChat shall not be liable in any way for any Content, including, but not limited to any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content. You are solely responsible for your interactions with other users of our Services.

6.4 By posting, uploading or otherwise submitting Content via our Services and in exchange for Use of our Services, you:

a. are representing that you are fully entitled to do so and the Content does not infringe any intellectual property rights of others;

b. grant MiChat a royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your Content in any way and for any purposes including, but not limited to, the right to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any current or future means and to distribute the Content without any further notice or compensation to you of any kind;

c. to the extent permitted by law, waive any moral rights of paternity, publication, reputation, or attribution with respect to MiChat’s and other users’ use and enjoyment of your Content in connection with the Services and related goods and services under applicable law, or in the alternative where such rights cannot be waived, you acknowledge and agree that you shall not enforce them in any proceedings, legal or otherwise, against MiChat or any other users; and

d. acknowledge and agree that we have no obligation to monitor or protect your moral rights in any Content that you may submit to us, but you do give us the right to enforce your rights in that Content if we want to, including but not limited to taking legal action (at our cost) on your behalf.

6.5 All the preceding sub-provisions applying to your submitted Content shall apply to any Services-related content that you may email, transmit or send to us by whatever means, even if unsolicited by us. To avoid doubt, such content may be used and exploited by MiChat without compensation to you or any third party. Further, such content shall not be, and you shall not have any expectations of them being, treated as confidential, regardless of what you otherwise state in your accompanying message, as permitted by applicable law.

6.6 The abovementioned grant of license to MiChat and waiver of any applicable moral rights, or the corresponding rights to enforce are perpetual and irrevocable, and survives the termination of these Terms.

Article 7. Third Party Services and Charges

7.1 You are solely responsible for any internet connection and/or mobile charges that you may incur for Using our Services. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you Use our Services.

7.2 Our Services may include links to third-party services (including, but not limited to, offers or advertisements displayed by the third parties). We make no representations, warranties, guarantees nor endorsement regarding any content, goods or services provided by such third parties. We shall not be liable in relation to any losses or harm arising out of you accessing these links or using these third-party services.

7.3 These third-party services may be subject to respective third party terms and conditions, which pursuant thereto, you may be incurring charges in using their services. Please read these third-party terms and conditions, carefully as they constitute an agreement between solely you and the relevant third-party service provider. We shall not be responsible for any charges that you may incur in respect of these third-party services.

7.4 When you provide data to such third parties, you are providing it in accordance with their privacy policy (if any) and our Privacy Policy shall not apply at all in relation to those disclosures.

Article 8. Suspension and Termination

8.1 Despite anything to the contrary, we may suspend, terminate, block, modify or delete your account or any Services accounts at any time for any reason or no reason, with or without notice to you, without any compensation to you.

8.2 Without affecting the generality of the aforesaid, MiChat reserves the right to decide whether any of your Content violates these Terms. We reserves the right to remove any Content from our Services, with or without any notice to you, if we decide in our sole and absolute discretion that it is a breach of the Community Guidelines or any part of these Terms, or that it may bring us or our Services into disrepute.

8.3 Without affecting the generality of the aforesaid, MiChat further reserves the right to decide that your actions are in breach of our Terms and therefore take any of the following actions, whether individually or in combination, either with or without notice to you, not bound by any order or sequence and without any compensation to you:

1. delete, block, suspend and/or modify your Account or parts of your Account;

2. limit, suspend and/or terminate your Use of any Services;

8.4 You agree to compensate and indemnify us, according to law, for all losses, harm, claims, regardless brought by whom, and expenses that may arise from any breach of these Terms by you.

Article 9. Limitation of Liability

9.1 MiChat shall in no way be liable for special, incidental or consequential damages resulting from your Use or malfunction of the Services, including but not limited to, damages to property, loss of reputation, device failure or malfunction and, to the extent permitted by law and if applicable, damages for personal injuries, death, lost profits or punitive damages from any causes of action arising out of or related to these Terms or the Services, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not MiChat has been advised of the possibility of such damages.

9.2 For purposes of this Article, MiChat’s licensors and other partners are third-party beneficiaries to the limitations of liability specified herein and are entitled to enforce these Terms against you despite them not a party to these Terms.

9.3 Subject to the above and to the extent permitted by applicable law, you acknowledge and agree that any cause of action arising out of or related to the Services shall be commenced by you within one (1) year after the cause of action accrues, failing which, you are prohibited from commencing legal or administrative proceedings against MiChat, or in the alternative, you are estopped from doing so. You acknowledge and agree that non-compliance with this limitation period shall result in significant prejudice or detriment to MiChat arising out of its reliance of the aforesaid in managing its operational and financial affairs.

9.4 The exclusions and limitations of damages are fundamental elements of the basis of the agreement between MiChat and you. Despite anything to the contrary, you acknowledge and agree that your superior right with respect to any problems or dissatisfaction with any of our Services is to discontinue your use of our Services.

9.5 Some jurisdictions may not allow certain limitations of liability such as those stated above. Therefore, if you are resident of such jurisdictions, the foregoing limitations of liability shall apply only to the extent permitted by the laws of such jurisdictions

9.6 You may have additional legal rights in your jurisdiction where you reside, and nothing in these Terms will affect such statutory rights you may have as a consumer of the Services.

9.7 You agree to indemnify, defend and hold MiChat (and MiChat´s officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Services, or any breach by you of these Terms.

Article 10. Suspected Copyright Infringement

10.1 Pursuant to the Singapore Copyright Act, if you believe that any copyrights of your material has been infringed by the Services and you would like us to take down the offending part of the Services, you may send a take-down notice to MiChat’s “Designated Representative”. If the notice complies with the statutory requirements, we will endeavour to take steps prescribed by the said Act. All notices are to be sent to and via any means below, though ideally via email with the subject header of “Take-Down Notice”:

Designated Representative: W. Gerald M.
Appointment: Regional Legal Counsel
Address: 38 Beach Road, #29-11, South Beach Tower, Singapore 189767
Telephone No: +65 6715 6059
Email address: legal@michat.sg

10.2 For general or other queries, the Designated Representative must not be contacted. Instead, you may contact us via the methods set out below.

10.3 For a take-down notice to be valid, the notice shall be signed by you and contain all of your following information:
1). name, address, telephone number, facsimile number (if any) and email address and the address for service in Singapore if you are not resident in Singapore;

2). sufficient information to enable us to identify the infringing material and its online location;

3). a statement that you require us to remove/disable access to the material;

4). a statement that you, in good faith, believes that the material is an infringing copy;

5). a statement that the information in the take-down notice is accurate;

6). a statement that you are the copyright owner or exclusive licensee or that you are authorised to act on behalf of such owner or exclusive licensee; and

7). your agreement that you submits to the jurisdiction of the Singapore courts.

10.4 Please note that under the said Act, if a party is found to have made a statement that is false or does not believe it to be true in his take-down notice, he may be liable in damages to any party who suffers any loss/damage as a result of that notice, or may be guilty of a statutory offence and on conviction, shall be liable to statutory penalties. This applies regardless if the statement is made in Singapore, or if the maker is outside of Singapore when making the statement. You shall take proper legal advice if you are unclear about your rights and obligations under the Singapore Copyright Act in respect of the aforesaid.

Article 11. Language

11.1 These Terms may be translated into several languages and while different languages thereof may be accessible depending from which Services you seek to access, all translated languages of these Terms may be found on our main website.

11.2 If there is any conflict between any translated version of these Terms, the English version shall prevail to the extent of any inconsistencies.

Article 12. Privacy

12.1 Without affecting any other Terms, any personal data collected, used and disclosed by MiChat shall be in accordance with the Privacy Policy, and which you agree to when you Use our Services.

Article 13 Governing Law and Dispute Resolution

13.1 Most concerns may be solved quickly and without hassle by first contacting us at support@michat.sg. You shall use your best efforts to settle any dispute, claim, question or disagreement directly through consultation and good faith negotiations, which shall be a precondition to you taking further dispute resolution steps provided herein

13.2 These Terms shall be governed by and construed in accordance with the laws of Singapore, regardless of conflict of law provisions, and parties submit to the exclusive jurisdiction of the Singapore Courts.

13.3 Save for any action brought by us against you related to any intellectual property rights, including, but not limited to infringements thereof, any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be in Singapore and the tribunal shall consist of 3 arbitrators. The language of the arbitration shall be English.

Article 14. Questions About These Terms Or Our Services

14.1 If you have any questions about these Terms or our Services or would like to give feedback, please do not hesitate to contact us by email at support@michat.sg

Article 15. Reporting of Other Users

15.1 If you encounter any user or Content that breaches these Terms, you may report these to us immediately through the various reporting features which we have developed and placed within various parts of the interface of the mobile application. We endeavour to investigate and follow up accordingly.

Article 16. General

16.1 You acknowledge and agree that: (i) the Service shall be deemed and provided in Singapore and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over MiChat, either specific or general, in jurisdiction other than Singapore.

16.2 Nothing in these Terms shall be deemed to confer any third-party rights or benefits in respect of enforcing your rights or enjoying benefits

16.3 All headings herein are for ease of reference only and shall not be used for interpreting this Agreement.

16.4 MiChat may assign these Terms, in whole or in part, to any person or entity at any time with or without your consent. You shall not assign or delegate any rights or obligations under these Terms without prior written and express consent, and any unauthorized assignment and delegation by you shall be void.

16.5 If any part of these Terms is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these Terms shall remain valid and enforceable. If it is not possible to interpret an invalid or unenforceable part of these Terms in a manner consistent with applicable law, then that part shall be deemed deleted from these Terms without affecting the remaining provisions of these Terms.

16.6 These Terms and any other legal notices that we may have published set out the entire agreement between you and us concerning our Services and they supersede any and all earlier agreements and understandings between you and us.

16.7 Other than in these Terms, any statements concerning the Services by MiChat in any materials, whether in marketing materials to the public at large, direct communications with you or otherwise, are mere puffs. They shall not constitute representations of any kind, facts, intentions or otherwise, and you acknowledge and agree that you shall not and have not relied on them in Using our Services.

16.8 Our failure to exercise or enforce any of our rights under these Terms does not waive our right to enforce such rights. Any waiver of such rights shall only be effective if it is in writing and signed by an authorised representative of MiChat.

Part 2

Indonesia

1. If you are the Government, state institution, private entity or citizen of Indonesia, in compliance with the prevailing laws in Indonesia concerning usage of Indonesia language, this Terms shall eventually, if not already translated, be translated into Bahasa Indonesia. In such a scenario, you agree that the Bahasa Indonesia version shall have an effective date being the date the English version of this Terms becomes binding on you. The Bahasa Indonesia translated version shall form an integral and inseparable part of the English version. In the event of any inconsistency or different interpretation between the Bahasa Indonesia and the English versions, the English version shall prevail and the relevant Bahasa Indonesia version shall be deemed to be automatically amended to conform with and to make the relevant Indonesian text consistent with the relevant English text. You further agree that no claim shall be brought against us on the basis of non-compliance with prevailing laws in Indonesia concerning usage of Indonesia language.

2. If these Terms are amended, we will notify you immediately of such changes. Such changes shall take effect immediately upon our notification to you. If you do not agree to any of the amended terms, then you must not continue Using the Services. Any continuous Use of our Services thereafter constitutes your acceptance to these changes.

3. In compliance with prevailing electronic system and information law in Indonesia, we shall not facilitate any contents which may violate any prevailing laws and regulations in Indonesia and shall reserve the rights to remove content as it may violate the provisions of any local laws and regulations in Indonesia.

Therefore, by using the Services, you continuously agree and warrant us that you shall not use the Services for purposes which restricted and prohibited by prevailing laws and regulations in Indonesia and shall be held solely responsible for any of your Use and your content which violate prevailing laws and regulations in Indonesia.

Malaysia

1. We do not exercise any editorial control over any of your Content.

2. You will comply with the requirements of Malaysian law including, but not limited to, the Content Code and shall not provide prohibited content nor any content in contravention of Malaysian law.

3. We shall have the right to remove your content if they are prohibited content.

4. For further information regarding the above, you may find it at http://cmcf.my/introduction

End of Document