Agreement (Terms of service)
Date of Last Revision: Feb 14, 2019
Please read these terms and conditions of service and use ("Terms of Service") in detail. By accessing or using our website and services, you agree to be bound by the terms and conditions of these Terms of Service, and all terms incorporated into these Terms of Service by reference.
These Terms of Service apply to your access to, and use of, the website and services of Chit Chats Express Inc. ("Chit Chats"), located at chitchats.com (the "Site", "Chit Chats").
You represent and warrant that you are authorized to accept these Terms of Service on behalf of yourself (and any other person or entity that uses your account), and that you and such entity agree to indemnify Chit Chats for violations of these Terms of Service.
While we always like to be available for you, the Internet is inherently unreliable so your access to and use of the Site may be interrupted, slow, or even inaccessible at times. Chit Chats also needs time to update the Site, and while Chit Chats tries to do this during slow periods, Chit Chats cannot always wait or schedule downtime that way.
These basic terms apply to your use of Chit Chats. Chit Chats will terminate your account if you violate any of these terms:
- You must be 18 years or older or at least the age of majority in the jurisdiction where you reside to use Chit Chats.
- You must be a human. Chit Chats does not permit accounts registered by automated methods.
- You are responsible for all content you post.
Changes to Terms of Service
Chit Chats reserves the right to change or modify any of the terms and conditions in these Terms of Service or any policy or guideline of the Site, at any time and in its sole discretion.
Any changes or modifications to these Terms of Service will be effective immediately upon posting on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site following the posting of any changes or modifications constitutes your acceptance of such changes or modifications. Therefore, you should frequently review these Terms of Service and applicable policies to understand the terms and conditions that apply to your use of the Site. If you do not agree to the changed or modified terms, you must stop using the Site.
Frequently Asked Questions
If you have any question regarding the use of the Site, please contact us with any questions or comments about the Site or its contents through our Contact Page.
Chit Chats strives to provide accurate pricing information regarding the services and products available on the Site. We cannot, however, insure against pricing errors. Chit Chats reserves the right, at its sole discretion, to not process or to cancel any requests placed for a product or service, including but not limited to, whose price was incorrectly posted on the Site as a result of an error or error due to incorrectly declared weight and size of the parcels. In addition, Chit Chats reserves the right, at its sole discretion, to correct any error in the stated price, including but not limited to, charging your account to recover and make whole any discrepancies including retroactively.
You expressly consent Chit Chats to charge you CAD $35 administration fee and any shortfall in payments, at any time at Chit Chats' sole discretion, per each instance, including but not limited to, for any discrepancies between your shipments and the actual parcel count and weight received by Chit Chats.
You expressly consent Chit Chats to charge you CAD $75 administration fee, at any time at Chit Chats' sole discretion, per each instance, on top of any Custom and Border Protection ("CBP") fines before the release of your goods for any restricted goods shipped, misdeclaration of value or any other information that the CBP or US FDA authorities deem unacceptable.
Chit Chats reserves the right, without notice and in its sole discretion and without any cost, to terminate your use of the Site, and to block or prevent your future access to and use of the Site, if Chit Chats discovers discrepancies between your manifest and the actual parcel count and weight or misdeclaration of value or any other information that the CBP or US FDA authorities deem unacceptable.
You agree that Chit Chats will not, under any circumstances, be liable for loss of or damage to any goods and you agree to waive any claim to refunds for lost or damaged goods unless you have purchased adequate insurance from Chit Chats to cover loss and damages. In the event Chit Chats becomes liable to you for loss or damage, in no event shall the aggregate liability to Chit Chats for any and all claims exceed the actual amount of revenue Chit Chats earned on your product purchase.
Chit Chats offers postage options for clients who use our shipping services. In the event that postage is purchased through Chit Chats and you choose to use an alternate shipping service, any delivery fees incurred through Chit Chats will not be refunded to you.
Unless otherwise indicated on the Site, the Site and all content and other materials on the Site, including, without limitation, all Chit Chats names and logos, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the exclusive property of Chit Chats or its licensors and are protected by Canadian, U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site for your informational and personal use only in accordance with these Terms of Service. Such license is subject to these Terms of Service and does not include any right or license to: (a) rent, lease, license, resell or use for any commercial purpose the Site or any of the Site Materials; (b) collect or use any product or service listings, pictures or descriptions; (c) distribute, publicly performance or publicly display any Site Materials; (d) modify or otherwise make any derivative uses of the Site or the Site Materials, or any portion thereof; (e) use any data mining, scraping, crawlers, robots or similar data gathering or extraction methods; (f) download (other than the page caching) any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) use the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Chit Chats, is strictly prohibited and will terminate the license granted herein and your right to use the Site or receive any payment from Chit Chats, including any amounts accrued to you prior to termination.
Such unauthorized use may also violate applicable laws including, without limitation, copyright and trademark laws and applicable communications regulations and statutes.
Except for the limited license granted in this Section, nothing in these Terms of Service or elsewhere on the Site shall be construed as conferring any license to any Site Materials, or any intellectual property rights therein, whether by estoppel, implication or otherwise. This license is revocable at any time by Chit Chats
If you believe that any Site Materials or other content on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement: Tom Wilson
Full Address of Designated Agent to Which Notification Should be Sent: Unit 510 - 280 Nelson St. Vancouver, BC, Canada V6B 2E2
Telephone Number of Designated Agent: 604-628-9388
Facsimile Number of Designated Agent: 604-628-9389
E-Mail Address of Designated Agent: Please use our Contact Form.
You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and lawyers' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
Chit Chats, the Chit Chats logos and any other product or service name or slogan contained in the Site or the Site Materials are trademarks of Chit Chats, or its suppliers or licensors, and may not be copied, imitated or used, in-whole or in-part, without the prior written permission of Chit Chats or the applicable trademark holder.
You may not use any meta-tags or any other "hidden text" utilizing "Chit Chats" or any other name, trademark or product or service name of Chit Chats without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service Chit Chats, trademark and/or trade dress of Chit Chats and may not be copied, imitated or used, in-whole or in-part, without the prior written permission of Chit Chats.
All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Chit Chats.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray chitchats.com or any of its associates or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time.
You may not use any chitchats.com logo or other proprietary graphic of chitchats.com to link to this Site without the express written permission of chitchats.com.
Further, you may not use, frame or utilize framing techniques to enclose any chitchats.com trademark, logo or other proprietary information, including, without limitation, the Site materials, the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without chitchats.com's express written consent.
Except as noted above, you have no right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of chitchats.com or any third party.
Third Party Sites
Chit Chats makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Websites accessible by hyperlink from the Site, or Websites linking to the Site. Such sites are not under the control of Chit Chats and Chit Chats is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites.
Chit Chats provides these links to you only as a convenience, and the inclusion of any link does not imply control, endorsement or adoption by Chit Chats of any site or any information contained therein.
When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Third Party Content
Chit Chats may provide third party content on the Site and may provide links to Web pages and content of third parties including but not limited to merchants and suppliers (collectively the "Third Party Content"). Chit Chats does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation, any representation or warranty regarding the accuracy or completeness of any Third Party Content. You acknowledge and agree that Chit Chats is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
Advertisements and Promotions; Third-Party Products and Services
Chit Chats may run advertisements and promotions from third parties, including but not limited to merchants and suppliers, on the Site or may otherwise provide information about or links to third-party products or services on the Site including but not limited to merchants and suppliers. Your purchases from or correspondence with, or participation in promotions of, such third parties, including but not limited to merchants and suppliers, and any terms, conditions, warranties or representations associated with such purchases, correspondence, participation or other dealings, are solely between you and such third party, including but not limited to merchants and suppliers.
Chit Chats is not responsible or liable for any loss or damage of any sort incurred as the result of any such purchases, correspondence, participation or other dealings or as the result of the presence of such non-Chit Chats advertisers or third party information on the Site.
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Site, Chit Chats or Chit Chats' products or services that are provided by you in the form of email or other submissions to Chit Chats, or any postings on the Site ("Feedback"), are non-confidential and shall become the sole property of Chit Chats. You hereby assign unconditionally and irrevocably and Chit Chats shall own exclusive rights in and to all Feedback, including all intellectual property rights arising now and in the future anywhere in the world therein, and shall be entitled to the unrestricted use, dissemination and commercial exploitation of Feedback for any purpose, commercial or otherwise, without further acknowledgment, permission or compensation to you. As between you and Chit Chats, including Chit Chats' subsidiaries or affiliates, you hereby irrevocably waive any moral rights you might otherwise have or retain in any Feedback arising now and in the future anywhere in the world.
User Content and Interactive Services or Areas
The Site may include interactive areas or services ("Interactive Areas"), such as forums, chat rooms or message boards, or other areas or services in which you or other users create, post or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code or other items or materials on the Site ("User Content"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, provincial, state, national or international law, including, without limitation, any securities laws or regulations or any rules of a securities exchange; User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have all the rights necessary to distribute and reproduce such User Content; User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; Unsolicited promotions, political campaigning, advertising or solicitations; Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; Viruses, corrupted data or other harmful, disruptive or destructive files; and User Content that, in the sole judgment of Chit Chats, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Chit Chats or its users to any harm or liability of any type, or creates or imposes an inappropriate load on the systems of the Site or Chit Chats. Chit Chats takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party on, in or to the Site, or for any loss or damage arising therefrom, nor is Chit Chats liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. YOUR USE OF INTERACTIVE AREAS IS AT YOUR OWN RISK.
Enforcement of the User Content or these Terms of Service is solely at Chit Chats's discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules. As a provider of interactive services, Chit Chats is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area.
Although Chit Chats has no obligation to screen, edit or monitor any User Content posted in any Interactive Area, Chit Chats reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.
If you post User Content to the Site, unless Chit Chats indicates otherwise, you grant Chit Chats and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant Chit Chats and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post (including, without limitation, the right to grant the licenses granted to Chit Chats herein); (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms of Service and will not violate any rights of or cause injury to any other individual or entity.
You agree to defend, indemnify and hold harmless Chit Chats, its independent contractors, suppliers, merchants, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable lawyers' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Site or your use of the Interactive Areas, including without limitation any actual or threatened suit, demand or claim made against Chit Chats and/or its independent contractors, suppliers, merchants, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, use or non-use of the Site, your violation of these Terms of Service or your violation of the rights of any third party.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY CHITCHATS.COM, THE SITE, THE SITE MATERIALS AND THE INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE OR OFFERED ON THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. CHITCHATS.COM DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND THE INFORMATION, PRODUCTS AND SERVICES THEREIN. CHITCHATS.COM DOES NOT REPRESENT OR WARRANT THAT SITE MATERIALS OR ANY OTHER INFORMATION, PRODUCTS SERVICES OR OTHER CONTENT MADE AVAILABLE OR OFFERED ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. FURTHER, CHITCHATS.COM DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY OF ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CHITCHATS.COM DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY OF ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Limitation of Liability
NOTWITHSTANDING ANY OTHER TERM OR CONDITION OF THESE TERMS OF SERVICE, IN NO EVENT WILL CHITCHATS.COM, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SITE MATERIALS, OR ANY PRODUCTS, SERVICES, ANY CONTENT OR MATERIALS CONTAINED IN, PURCHASED THROUGH OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM CHITCHATS.COM OR ITS SUPPLIERS OR MERCHANTS, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CHITCHATS.COM'S OR ANY USER OR MEMBER'S RECORDS, PROGRAMS OR SERVICES.
NOTWITHSTANDING ANY OTHER TERM OR CONDITION OF THESE TERMS OF SERVICE, IN THE EVENT THAT CHITCHATS.COM BECOMES LIABLE TO YOU FOR ANY REASON, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CHITCHATS.COM FOR ANY AND ALL CLAIMS, DAMAGES, AMOUNTS OR FEES OF ANY KIND, HOWSOEVER ARISING, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER ANY OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED THE ACTUAL AMOUNT OF REVENUE CHITCHATS.COM EARNED ON YOUR PRODUCT PURCHASE.
YOU AGREE THAT CHITCHATS.COM WILL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING OUT OF A DISPUTE BETWEEN YOU AND ANY OF ITS SELLERS OR SUPPLIERS. For further clarity, CHITCHATS.COM is not liable for shipments upon their receipt by the designated carrier.
CHITCHATS.COM DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING ANY GOODS OR SERVICES OFFERED OR PROVIDED BY SELLERS OR SUPPLIERS.
Without limiting the generality of any limitation of any liability or limitation of warranty in these Terms of Service, Chit Chats will not be liable for any intellectual property, product or service provided by any seller or supplier, including but not limited to any warranty or manufacture defect. All such claims are to be made directly with the seller, supplier, manufacturer or service provider.
Limitation of Time
You agree that you will not bring a claim under these Terms of Service more than eighteen months (18) from when your claim arises.
All disputes arising out of or in connection with these Terms of Service will be referred to and finally resolved by arbitration under the rules of the British Columbia International Commercial Arbitration Centre. The appointing authority will be the Canadian Arbitration Association. The case will be administered by the British Columbia International Commercial Arbitration Centre in accordance with its rules. The place of arbitration will be Vancouver, British Columbia, Canada. The language of the arbitration will be English.
Applicable Law and Venue
These Terms of Service and your use of the Site shall be governed by and construed in accordance with the laws of the Province of British Columbia and of Canada applicable therein, applicable to agreements made and to be entirely performed within the Province of British Columbia, without regard to its conflict of law provisions.
Subject to mandatory arbitration, you agree that any action at law or in equity arising out of or relating to these Terms of Service shall be filed only in the provincial and federal courts located in Vancouver, British Columbia and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Service or your use of the Site.
Notwithstanding any of these Terms of Service, you agree that Chit Chats shall be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Waiver of Jury Trial and Class Action Rights
To the extent permitted by law, and subject to the mandatory arbitration PROVISION, you acknowledge, agree and understand that, with respect to any dispute with Chit Chats, respective officers, directors, employees or agents, arising out of or relating to these Terms of Service: (I) YOU HEREBY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and (II) YOU HEREBY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.
Notwithstanding any of these Terms of Service, Chit Chats reserves the right, without notice and in its sole discretion and without any cost, charge or liability to Chit Chats, to terminate any of its programs, to terminate your use of the Site, and to block or prevent your future access to and use of the Site.
Chit Chats will not be responsible for failing to notify you of any of its actions where such failure is caused by an inaccurate email address, your failure to check email online, your failure to inform Chit Chats of a change in your email address, or if you fail to receive the notifying email for any reason.
You may close your account at any time by filling out the contact form with your request or you can do so yourself by entering your account information and clicking on Settings and clicking on 'Delete My Profile', but these Terms of Service will apply to your past (or any future) use of the Site after closing your account.
These Terms of Service represent the entire understanding and agreement between you and Chit Chats regarding the subject matter of the same, and supersedes and replaces all other previous agreements, including, without limitation all previously posted agreements.
You agree that if Chit Chats does not exercise or enforce any legal right or remedy which is contained in these Terms of Service (or which Chit Chats has the benefit of under any applicable law), this will not be taken to be a formal waiver of Chit Chats' rights and that those rights or remedies will still be available to Chit Chats.
All covenants, agreements, representations and warranties made in these Terms of Service shall survive your acceptance of these Terms of Service and the termination of these Terms of Service.
If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
Questions & Contact Information
Questions or comments about the Site may be directed to Chit Chats on our Contact Page.