Terms Of Service

Evrchat - Terms of Use

This Terms of Use is a legal agreement between Evrchat (Evrchat Co Pty Ltd, Evrchat Group, Inc, we us and our) and you (User and your).

By accessing and / or using our Product (software, website, contents, and documents) and Service, you agree to our Terms of Use and Privacy Policy available on our website.

“Content” means materials and information published by Evrchat.

“User Content” means any relevant information the User may be permitted to post, upload, publish, submit, or transmit using Evrchat.

“Personal Information” means any sensitive information including User’s security, personal and financial information provided by the User to Evrchat.

“License” means a non-exclusive, royalty-free, revocable, worldwide, and non-transferable license to use Evrchat in accordance with this Terms of Use.

Intellectual Property

Unless otherwise mentioned, we own or licence, all rights, title, and interest (including intellectual property rights) in our Product and Content. Your use of our Product and your use of and access to any Content does not grant or transfer to you any rights, title, or interest in relation to our Product or the Content. You must not:
Download, copy or use, in whole or in part, any Content.
reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any Content to any third party, or
breach any intellectual property rights connected with our Product or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or product or platform, or creating derivative works from the Content.

User Content

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time, remove any User Content at our sole discretion.

As a User, you agree that you are solely responsible for all the User Content that you make available using Evrchat. You represent and warrant that:

you are either the sole and exclusive owner of all the User Content or you have all rights, licences, consents and releases that are necessary to grant to us, the rights in such User Content (as contemplated by these Terms), and neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our website will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Code of conduct

You must not do, or attempt to do anything that is unlawful, prohibited by any laws applicable to our product which we would consider inappropriate, or which might bring us or our product into disrepute, including (without limitation):

anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights.
using our product to defame, harass, threaten, menace, or offend any person.
interfering with any user using our product.
tampering with or modifying our product, knowingly transmitting viruses or other disabling features, or damaging or interfering with our product, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our product.
using our product to send unsolicited messages including emails or facilitating or assisting a third party to do any of the above acts.
You are prohibited from using our product, including the Content, in any way that competes with our business.

Subscription

By creating an account with Evrchat, you subscribe to Evrchat as a User and agree to pay the subscription fees as applicable and in accordance with our payment terms.

Pricing

All pricing published on our website do not include GST or its equivalent tax.

We may at any time and at our discretion, change the subscription fees and publish the new subscription fees on our website. If you are a user, an advance notification will be sent to you about the change in subscription fees.

Subscription Payment

When you subscribe to Evrchat, your subscription fees will be collected automatically and changes to the subscription amount will take place automatically. In some cases, the subscription fees may be collected through separate agreements.

If a payment does not go through, a notification will be sent to you within 24 hours, and if the payment does not go through again after 4 days from the notification date, Evrchat reserves the right to cancel your subscription.

Third party Apps and services

Our website may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.

Service availability

We may, at any time and without notice to you, discontinue our product, in whole or in part. We may also exclude any person from using our product, at any time and at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Support

We strive our best to help you and fix problems related to using our product and service and within the shortest time possible, but the actual duration depends on the complexity of the problem and the resources available with us. We cannot guarantee any time duration to fix your problems.

Updates to our Products and Services

We may, at any time and at our discretion, vary our Products and Services and publish the varied Products and Services on our website. Contents are subject to change without notice. We do not undertake to keep our website up-to-date, and we are not liable if any Content is inaccurate or out-of-date.

Liability

To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our product and/or the Content and/or any inaccessibility of, interruption to or outage of our product / website and / or any loss or corruption of data and / or the fact that the Content is incorrect, incomplete or out-of-date.

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our product or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Our product may be accessed throughout Australia and overseas. You do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our product.

These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Indemnity

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Product or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Warranties and Disclaimers

To the maximum extent permitted by law, we make no representations or warranties about our product or the Content, including (without limitation) that:

they are complete, accurate, reliable, up-to-date, and suitable for any particular purpose.
access will be uninterrupted, error-free, or free from viruses or
our product will be secure.
You read, use, and act on our product and the Content at your own risk.

By making available any User Content on or through our website, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site and in accordance with our Privacy Policy.

In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Termination

Severance

Jurisdiction

Your use of our Site and these Terms of Use are governed by the laws of Western Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Western Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Disputes

In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Updates to Terms of Use

We may, at any time and at our discretion, vary these Terms of Service by publishing the varied terms on our website. Contents are subject to change without notice. We do not undertake to keep our website up-to-date, and we are not liable if any Content is inaccurate or out-of-date.

Contacting us

For all matters related to this Terms of Use, please contact us using the form on our website.

Last updated: 1 May 2024