TERMS OF SERVICE

These Terms were last updated on December 28, 2018.

i-Serve Payment Gateway Sdn Bhd (“ISPG,” “our,” “we,” or “us”) provides UChat for chatting, Internet calling, and other services to users in Malaysia. Please read our Terms of Service so that you understand the conditions of your UChat application usage. You agree to our Terms of Service (“Terms”) by installing, accessing, or using our apps, services, features, software, or website (“Services”).

NO ACCESS TO EMERGENCY SERVICES: There are important differences between UChat, your mobile, a fixed landline and SMS services. Our Services do not provide access to emergency services or emergency service providers, including the police, fire departments, or hospitals, or otherwise connect you to public safety answering points. You must make sure that you are able to contact your relevant emergency service providers through a mobile phone, fixed landline, and/or other service.

  • 1.1
  • Registration. It is imperative that you sign up for our Services using accurate data, provide your current active mobile phone number, and, if you change it, update this mobile phone number using our in-app mobile number change feature. You agree to receive text messages and phone calls (from us or our third-party providers) with codes to sign up for our Services.

  • 1.2
  • Address Book. You are to provide us authorisation to access to your phonebook in order for us to help you identify the other UChat users in your phonebook. You confirm you are authorised to provide us such numbers to allow us to provide our Services.

  • 1.3
  • Age. You must be 18 years old and above to use our Services for you to be authorised to use our Services. In addition to being of the minimum required age to use our Services under applicable law, if you have not met the minimum requirement of age to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms for and on your behalf.

  • 1.4
  • UChatPay.UChatPay is the e-wallet that UChat users use to make payments. You may from time-to-time make payments to us or third parties as part of your use of UChat. You must comply with all such terms in relation to your payments to us. You acknowledge that you are responsible for all fees affiliated with any such payment, and that pricing and availability of items and products may change at any time. We may change any fees that we charge for UChatPay (or any parts of UChatPay) at any time upon publication within UChatPay. If you do not accept such changes to the fees, we may be unable to provide UChatPay (or the relevant part of UChatPay) to you.

    SUBJECT TO MANDATORY APPLICABLE LAWS AND REGULATIONS OR AS OTHERWISE SPECIFIED BY US IN THESE TERMS OR FOR A PARTICULAR ITEM OR SERVICE WITHIN UCHATPAY, IN NO CIRCUMSTANCES WILL WE BE REQUIRED TO PROVIDE A REFUND FOR ANY PAYMENTS MADE BY YOU TO US IN RELATION TO ANY ITEMS OR SERVICE WITHIN UCHATPAY.

    You may refer to the Terms of Service specifically pertaining to the usage of UChatPay below.

  • 1.5
  • Devices and Software. You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatically.

  • 1.6
  • Fees and Taxes. You are responsible for all carrier data plan and other fees, charges and taxes associated with your use of our Services. We may charge you for our Services, including applicable taxes. We may refuse or cancel orders. We do not provide refunds for our Services, except as required by law.

  • UChat cares about your privacy. UChat’s Privacy Policy explain how we treat and use your personal data/information when you use our services, including the types of information we receive and collect from you and how we use and share this personal data/information. By using our services, you agree to the practice of our data, including the collection, use, processing, and sharing of your information as described in our Privacy Policy, as well as the transfer and processing of your information to other countries globally where we have or use facilities, service providers, or partners, regardless of where you use our Services. You acknowledge that the laws, regulations, and standards of the country in which your information is consolidated or processed may be different from those of your own country.

  • 3.1
  • Our Terms and Policies. You must use our Services in accordance with our Terms and posted policies. If we disable your account for a violation of our Terms, you are not to create another account without our permission.

  • 3.2
  • Legal and Acceptable Use. You must access and use our Services only for legal, authorised, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of UChat, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, discriminatory, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonating someone; (e) sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of our Services unless otherwise we have authorised the act of doing so.

  • 3.3
  • Harm to UChat or Our Users. You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorised manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorised access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorised or automated means; (f) consolidate the information of or about our users in any impermissible or unauthorised manner; (g) sell, resell, rent, profit from or charge for our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices simultaneously.

  • 3.4
  • Keeping Your Account Secure.You are responsible for keeping your device and your UChat account safe and secure, and you are to notify us promptly of any unauthorised use or security breach of your account or our Services.

  • 3.5
  • Third-party services. Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. For example, you may choose to use third-party data backup services (such as iCloud or Google Drive) that are integrated within our Services or interact with a “Share” button on a third-party website that would allow you to send information to your UChat contacts. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.

  • 4.1
  • Your Rights. UChat does not claim ownership of the information that you have submitted for your UChat account or through our Services. You must have the necessary rights to such information that you submit concerning your UChat account or through our Services and the right to grant the rights and licenses in our Terms.

  • 4.2
  • UChat’s Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You are not to use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you obtain our express permission. You may use the trademarks of our affiliated companies only with their consent, including as authorised in any published brand guidelines.

  • 4.3
  • Your License to UChat. In order to operate and provide our Services, you grant UChat a global, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services (such as to allow us to display your profile picture and status message, transmit your messages, store your undelivered messages on our servers for up to 30 days as we try to deliver them, and otherwise as described in our Privacy Policy).

  • 4.4
  • UChat’s License to You. We grant you a limited, revocable, non-exclusive, non- sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

  • YOU USE OUR SERVICES AT YOUR OWN RISK AND ARE SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUSES OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “UCHAT PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES.

  • IN NO EVENT SHALL THE UCHAT PARTIES BE LIABLE FOR ANY LOST OF PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE UCHAT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE UCHAT PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW IN MALAYSIA.

  • To the extent permitted by applicable law and regulations, you agree to defend, indemnify, and hold harmless the UChat Parties from and against all claims, liabilities, obligations, damages, losses, costs and debts, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms of Services; or (c) any misrepresentation made by you. You will fully cooperate as required by us in the defense or settlement of any claim.

  • These Terms of Use and UChat’s content shall be governed and construed in accordance with Malaysian laws, and the courts of Malaysia shall have exclusive jurisdiction to adjudicate any dispute which may arise in relation thereto.

  • 9.1
  • Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. The events beyond our control may affect our Services, such as occurrences pertaining to nature and other force majeure.

  • 9.2
  • Termination.We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for us, our users, or others. The following provisions will survive any termination of your relationship with UChat: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” “Applicable Law and Jurisdiction”, “Availability and Termination of our Services,” and “Other.”

  • 10.1
  • Any amendment to or waiver of our Terms requires our express consent.

  • 10.2
  • UChat reserves the right at its absolute discretion, from time to time, to vary, add to or otherwise amend these Terms and Conditions or any part thereof and shall take effect after twenty one (21) calendar days. Your continued use of our Services confirms your acceptance of our Terms, as amended. If you do not agree to our Terms, as amended, you must stop using our Services. You are advised to visit the Site from time to time to keep updated of the latest variation to the Terms (if any).

  • 11.1
  • Unless a mutually executed agreement between you and us states otherwise, our Terms comprise the entire agreement between you and us regarding UChat and our Services, and supersede any prior agreements. We may ask you to agree to additional Terms for some of our Services in the future, which will govern to the extent there is a conflict between our Terms and such additional Terms.

  • 11.2
  • Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.

  • 11.3
  • Our Terms are written in English. Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version shall prevail.

  • 11.4
  • All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.

  • 11.5
  • You will not transfer any of your right or obligation under our Terms to anyone else without our prior written consent. Nothing in our Terms will prevent us from complying with the law. Except as contemplated herein, our Terms do not give any third-party beneficiary rights.

  • 11.6
  • If we fail to enforce any of our Terms, it will not be considered a waiver. If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions.

  • 11.7
  • We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer and our Terms are not intended to limit such consumer legal rights that may not be waived by contract.

  • 11.8
  • We always appreciate your feedback or other suggestions about UChat and our Services, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).