WalktheChat platform - Terms of Use

I. Account Terms

You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
To access and use the Services, you must register for a WalktheChat account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. WalktheChat may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
You acknowledge that WalktheChat will use the email address you provide as the primary method for communication.
You are responsible for keeping your password secure. WalktheChat cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
You are responsible for all activity and content such as data, graphics, photos and links that is uploaded under your WalktheChat Account (“Store Content”). You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any term in the Terms of Service as determined in the sole discretion of WalktheChat will result in an immediate termination of your services.
Don’t use WalktheChat for anything illegal or transmit any harmful code. Remember that with any violation of these terms we will cancel your service.

II. Account Activation

Subject to section 2.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
You acknowledge that WeChat payment will be your default payments gateway.

III. Compliance with Chinese law

When using the WeChat shop, Party A will comply with legal stipulations and social public interest.
In particular, Party A will strictly abide by the following law and stipulation: International Computer Information Network Security Administration Approach, the People’s Republic of China Computer Information Network International Network Administration Interim Regulations>, Regulations on Protection of the People’s Republic of China, Computer Information System Security Telecommunications Regulations, NPC Standing Committee on Safeguarding Internet Security Decision, Internet Information Services, Internet Electronic Bulletin Service, Website for business of News Publication Interim Regulations, Internet Audio-visual Program Administration Approach, Interim Administration of Internet Culture Regulation> and other laws, stipulations, administrative regulations.
Any harmful information that laws forbid to produce, copy, promulgate and broadcast related to the use of the WeChat shop shall not be allowed.
Party A will obtain all relevant certification and approval if it intends to apply services to business activities that need verification and approval by government bureaus. Party A shall undertake full responsibility for any disputes caused by Party A’s violation of this article;

IV. General Conditions

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service and the Privacy Policy before you may become a member of WalktheChat.
Technical support is only provided to paying Account holders and is only available via email.
The Terms of Service shall be governed by and interpreted in accordance with the laws of Hong Kong Special Administrative Region of the People’s Republic of China applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region of the People’s Republic of China with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
You acknowledge and agree that WalktheChat may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on WalktheChat’s website, and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to WalktheChat’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
You may not use the WalktheChat service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Hong Kong Special Administrative Region of the People’s Republic of China and the People’s Republic of China. You will comply with all applicable laws, rules and regulations in your use of the Service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by WalktheChat.
You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use WalktheChat or WalktheChat trademarks and/or variations and misspellings thereof
Questions about the Terms of Service should be sent to info@walkthechat.com.
You understand that your Store Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
You acknowledge and agree that your use of the Service, including information transmitted to or stored by WalktheChat, is governed by its privacy policy
The parties have required that the Terms of Service and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s’y rattachent soient rédigés en anglais.

V. WalktheChat Rights

We reserve the right to modify or terminate the Service for any reason, without notice at any time.
We reserve the right to refuse service to anyone for any reason at any time.
We may, but have no obligation to, remove Store Content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any WalktheChat customer, WalktheChat employee, member, or officer will result in immediate Account termination.
WalktheChat does not pre-screen Store Content and it is in our sole discretion to refuse or remove any Store Content that is available via the Service.
We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that WalktheChat employees and contractors may also be WalktheChat customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
WalktheChat retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, WalktheChat reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

VI. Limitation of Liability

You expressly understand and agree that WalktheChat shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
In no event shall WalktheChat or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, WalktheChat partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
WalktheChat does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
WalktheChat does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
WalktheChat does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

VII. Waiver and Complete Agreement

The failure of WalktheChat to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and WalktheChat and govern your use of the Service, superseding any prior agreements between you and WalktheChat (including, but not limited to, any prior versions of the Terms of Service).

VIII. Intellectual Property and Customer Content

We do not claim any intellectual property rights over the material you provide to the WalktheChat service. All material you upload remains yours. You can remove your WalktheChat store at any time by deleting your Account.
By uploading Store Content, you agree: (a) to allow other internet users to view your Store Content; (b) to allow WalktheChat to display and store your Store Content; and (c) that WalktheChat can, at any time, review all the Store Content submitted by you to its Service.
You retain ownership over all Store Content that you upload to a WalktheChat store; however, by making your store public, you agree to allow others to view your Store Content. You are responsible for compliance of Store Content with any applicable laws or regulations.
We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
WalktheChat shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.

IX. Payment of Fees

You will pay the Fees applicable to your subscription to Online Service and/or POS Services (“Subscription Fees”) and any other applicable fees, including but not limited to fees relating to the processing of transactions under your Account (“Transaction Fees”), and any fees relating to your purchase of any products or services such as POS Equipment, shipping, apps, Themes, domain names or Third Party Services (“Additional Fees”). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.
You must keep a valid credit card on file with us to pay for all incurred and recurring Fees. WalktheChat will charge applicable Fees to the credit card account that you authorize (“Authorized Card”), and WalktheChat will continue to charge the Authorized Card (or any replacement card) for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.
Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at WalktheChat’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Account Owner via the email provided. As well, an invoice will appear on the Account page of your WalktheChat administration console. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
Taxes may apply to your subscription to or purchase of some or all of WalktheChat’s products and services, including without limitation, your subscription to or purchase of WalktheChat’s Online Services. Any applicable Taxes are based on the rates applicable to the billing address you provide to us, and will be calculated at the time of purchase of the applicable Taxable Offerings. Such amounts are in addition to the Fees for the Taxable Offerings and will be billed to your Authorized Card. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
WalktheChat does not provide refunds.

X. Cancellation and Termination

You may cancel your Account at anytime by emailing info@walkthechat.com and then following the specific instructions indicated to you in WalktheChat’s response.
Upon termination of the Services by either party for any reason:
- WalktheChat will cease providing you with the Services and you will no longer be able to access your Account;
- unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
- any outstanding balance owed to WalktheChat for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
- your store website will be taken offline.
If you purchased a domain name through WalktheChat, upon cancellation your domain will no longer be automatically renewed. Following cancellation, it will be your sole responsibility to handle all matters related to your domain with the domain provider.
If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
We reserve the right to modify or terminate the WalktheChat Service or your Account for any reason, without notice at any time.
Fraud: Without limiting any other remedies, WalktheChat may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

XI. Modifications to the Service and Prices

Prices for using the Services are subject to change upon 30 days notice from WalktheChat. Such notice may be provided at any time by posting the changes to the WalktheChat Site (walkthechat.com) or the administration menu of your WalktheChat store via an announcement.
WalktheChat reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
WalktheChat shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

XII. Third Party Services

In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, WalktheChat’s partners or other third parties.
WalktheChat may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use, including via the WalktheChat App Store. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Services or WalktheChat’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.
We do not provide any warranties with respect to Third Party Services. You acknowledge that WalktheChat has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on WalktheChat’s websites, including the WalktheChat App Store, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with WalktheChat. WalktheChat strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates you should charge to your customers.
If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. WalktheChat is not responsible for any disclosure, modification or deletion of your data or Store Content, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or Store Content.
Under no circumstances shall WalktheChat be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if WalktheChat has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.

Date of last revision: 10th of March 2020