Terms and Conditions

General Terms & Conditions for ChatTime, bought to you by SmartRoam ("Service").

Basis of agreement

Please read all the terms carefully before accepting them as they form a legal agreement between you and SmartRoam Pte Ltd.

Definitions

Change of terms

SmartRoam reserves the right to make changes to the components of or constituent options for or relating to the Service and/or the Agreement including the terms and conditions herein. Amendments may be of different forms and for various reasons. Some of the amendments may be necessitated by regulations imposed on SmartRoam or the Service by regulators or other bodies of competent legal jurisdiction or business requirements. If new regulations are imposed on SmartRoam or the Service, SmartRoam is authorized to make changes to this Agreement that reflect the new regulations, and will post such changes on the website for the Service and may in addition send email notices to you. SmartRoam retains the right to pass on to you any new regulatory fees or taxes that may be imposed by law or regulation.

Where any amendment (other than to or related to pricing) to the Agreement are significant, SmartRoam will, where possible, endeavor to provide 30 days advance notice of the significant changes, either by posting such notice on the website for the Service, or by informing you directly via email. Your continued use of the Service for 14 days or more after notification of any amendment shall be deemed acceptance of the amendment.

Access to the Service

You may only access the Service using authorized Software and authorized compatible devices identified on the website for the Service at www.chattimeapp.com

It is your responsibility to check the list of devices on the website for the Service to ensure you download the correct Software for your device. SmartRoam is not liable if you have downloaded the wrong version of the Software for your device. SmartRoam reserves the right to terminate this Agreement should you use the Service with software or a device that is not identified on the website as compatible.

Besides payment for the Service, you are also responsible for ensuring the security of your account details and password and for all activities conducted including any charges incurred by using your account even if this occurs without your permission.

Your Obligation

You Agree that:

Your Contact and Credit

You acknowledge and agree that SmartRoam may at its discretion, contact a credit agency to check your credit rating, when you sign up for an account or the Service and you expressly authorize SmartRoam to conduct such checks as SmartRoam may deem necessary. This may result in your account being limited or not accepted at all.

Charges and Rates and Fair Use

At times, you may be provided with some free calls and other special offer services. No cash alternatives will be given for such deals. Such deals may, at SmartRoam’ discretion, also bear and be subject to terms and conditions which are additional to this Agreement for the Service including without limitation terms and conditions relating to reasonable or Fair Use policy. Otherwise and at all times, you will be charged SmartRoam's standard rate for the Service. The Service operates on a pre-pay basis and you will be prompted to pay these rates in advance. All sales are final. As soon as you confirm the purchase, your purchases are charged to the credit card attached to your account with SmartRoam. You cannot cancel a purchase or receive a refund for a purchase.

A full list of SmartRoam’s rates for the Service is published at http://www.chattimeapp.com/Rates.html

These rates may be changed from time to time, entirely at SmartRoam's discretion, and without prior notice. SmartRoam does not provide any price protection or refunds in the event of a price drop or any special promotional offering. As such, you should check the website for the Service regularly to determine if any changes have been made or announced. The rates are also subject to the Service’s Fair Use Policy.

SmartRoam’s unlimited plans contain a fair usage policy of 2,000 minutes per subscription month. Any minutes exceeding 2,000 in a given subscription month will be charged at the standard per minute rate as published on http://www.chattimeapp.com/Rates.html and deducted from the users balance. If at the end of a subscription month any minutes are remaining, these minutes will be terminated. Remaining minutes cannot be transferred to another user account nor can they be credited for future months usage.

Should SmartRoam observe what in its opinion is use of the Service beyond the normal use of the Service by an average individual or if you exceed the Fair Use levels, SmartRoam may at its discretion take any or all of the following steps (and not necessarily in the order set out):

Please also note that SmartRoam has no obligation to refund any payments made in advance for the use of the Service as set out in these terms.


 The Service may make use of third party networks, (including 3G, cellular, commercial hotspots). SmartRoam is not liable for these or any other costs you may incur by using third party services.

Payments and account

In order to use the SmartRoam payment services for the Service, you must have an account with SmartRoam for the Service and a validated email address and cellular telephone number. This means that you will have the necessary equipment to receive electronic notifications.

By using SmartRoam's payment services online you consent to:

You should keep these emails in a safe place as a record of your transactions.

You acknowledge and agree that SmartRoam may use a third party to process your payments and perform fraud checks.

If you suspect that there has been any fraudulent or unauthorized use of your account or of any suspected compromise of your password or your user account details, you must immediately notify SmartRoam in writing by sending an email to [email protected] In such instances, SmartRoam has the right (but not the obligation) to reset your password and disable your account until you request SmartRoam in writing to enable the account or you confirm that the matter has been resolved.

Notwithstanding anything, you understand that while SmartRoam will take commercially reasonable steps to assist in mitigating any further fraud, SmartRoam is not liable for any monetary loss or damages that may result from or arising in connection with any /or unauthorized use of your account and/or the loss or theft of your password and/or any compromise of your account or device.

Termination

Monthly subscription accounts may be terminated at any time by sending an email notice from your account to SmartRoam. However, in order for the termination to take effect and for the account to terminate at the end of the then current Subscription Month, your email termination notice must be received by SmartRoam not less than 5 days from the end of the then current Subscription Month, failing which the subscription account will only terminate effective at the end of the following Subscription Month.

Pay-as-you-go ("PAYG") accounts cannot be terminated by notice. The PAYG account will remain active until either (a) all credit balance in the account has been fully utilised or (b) 4 months from the date of the last call placed using ChatTime or (c) 4 months from the last date of additional credits added to your account whichever date is the earlier.


 SmartRoam may limit, suspend or terminate the Service and this Agreement if SmartRoam believes that you are in breach of the Agreement or any part thereof or engaging in illegal activities. SmartRoam will provide notice of such termination or suspension to you via the email address you have provided and/or by immediately preventing you from accessing the Account and the Service


 If SmartRoam reasonably believes the information supplied to SmartRoam has been given without the knowledge of the person named or it is unauthorized or contains false particulars, SmartRoam may delay, suspend or terminate the Service to you.

Under all circumstances where Service is suspended or terminated, you will have no claim against SmartRoam. SmartRoam invites you to contact [email protected] to clarify the matter as soon as possible.

Refund Policy and other policy.

Other than as required by law or as expressly provided in this Agreement, SmartRoam WILL NOT refund any amounts paid.

Where SmartRoam provides you with free calls or other special or promotional offer services, no cash alternative will be given. As earlier mentioned, such deals may at SmartRoam’s discretion bear terms and conditions which are additional to this Agreement for the Service.

For the benefit of PAYG accounts only, when on occasion a technical problem causes an unreasonable delay of the Service or prevents the delivery of the Service within a reasonable time (“Delayed Service”), SmartRoam may at its discretion, consider providing a refund of the price charged for the Delayed Service. Such refund may, at SmartRoam’s discretion, take the form of a reversal of the price charged for the Delayed Service. Such refund for the price charged for the Delayed Service, will be your exclusive and sole remedy with respect to the Delayed Service. Please contact SmartRoam Customer Service for assistance in such cases.[Is this via telephone or only email, since you have not provided telephone contact] Otherwise and except as required by law, no refunds are available for PAYG accounts, and the PAYG account will remain active until either (a) all credit balance has been fully used or (b) until the expiration of 4 months from the date of last purchase of that credit balance, whichever date is the earlier.

SmartRoam does not provide any (whether full or partial) refunds for subscription accounts save as required by law.

No Warranty

While SmartRoam will endeavor to provide the Service with minimum disruptions, SmartRoam cannot guarantee a fault free Service or that it will function without any disruptions. The Service is dependant on third party services and changes due to technological changes may need to be effected. Accordingly, SmartRoam reserves the right to suspend or withdraw the Service for technical, operational or other reasons.

You understand and agree that the Service is provided on an “as is” basis, and your use of the Service is at your own risk. SmartRoam does not make, and to the maximum extent allowed by law hereby disclaims, any and all warranties of any kind, whether express or implied or statutory, including, but not limited to, any warranty of fitness for a particular purpose, merchantability, title or non-infringement, or any warranty arising from any course of dealing, usage or trade practice. SmartRoam does not warrant that the Service will be uninterrupted, error-free, or completely secure.

Indemnity

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD SMARTROAM AND ITS AFFILIATES AND OFFICERS AND EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, PROCEEDINGS, CLAIMS AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES INCURRED OR SUFFERED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF YOUR VIOLATION OF THIS AGREEMENT, ANY APPLICABLE LAW OR REGULATION, OR THE RIGHTS OF ANY THIRD PARTIES RELATED TO THE USE OF THE SERVICE AND /OR LICENSED APPLICATION.

Entire Agreement/Severability

These terms and conditions, the associated EULA and additional terms and conditions as identified on the SmartRoam website constitute the entire Agreement between you and SmartRoam. Should any terms of the Agreement be declared void or unenforceable by any arbitrator, regulator or court of competent jurisdiction, such terms will be amended to achieve as nearly as possible the same economic effect as the original Agreement, and the remainder of the Agreement will remain in full force and effect.

Force Majeure

SmartRoam will not be liable for any failure to perform under this Agreement caused, directly or indirectly, by factors beyond its reasonable control, including any acts of God, earthquake, flood, embargo, riot, war, sabotage, terrorist attack, labor shortage or dispute, governmental act or failure of any third-party service or network.

Governing Law

This Agreement is governed by the laws of Republic of Singapore, excluding its conflict of laws principles.

Electronic Documents

Any references in the Agreement to any forms, documents or instruments shall bedeemed to refer to the same in both paper and electronic form.

Language

SmartRoam may have translated the original English language version of this Agreement into other languages. If there is any inconsistency or discrepancy between the English language version and any other language version of this Agreement, the English language version shall prevail.

© 2013 SmartRoam Pte Ltd. All Rights Reserved.