Chinwag: Terms Of Use

Please read these terms and conditions ("Terms") carefully as they apply to all and any:

If you do not accept these Terms you should not use any Site, make Submissions or subscribe to any Chinwag Services or purchase and Chinwag Services.

Chinwag may make alterations to these terms and conditions from time to time and these variations shall become effective immediately upon being accessible from the website.


About us

Bigmedia Limited t/a Chinwag is company specialising in the provision of online services, to provide a forum for the sharing, discussion, distribution, and dissemination of information, views and news on various topics.

Chinwag is the trading name of Bigmedia Limited, a company registered in England (Company Number: 3152923) whose registered address is: PO Box 66046, London, W3 3EP, UK. Chinwag can be contacted via email help @ jobs.chinwag.com or by telephone +44 (0)20 7183 2923. Chinwag is a registered trademark.


Obtaining Chinwag Services

You can purchase Chinwag Services in the following ways:

  1. by telephoning +44 (0)20 7183 2923;
  2. by faxing a completed copy of the Chinwag Order form to +44 (0)20 7099 4011; or
  3. on-line.

To purchase Chinwag Services, please place an order in any of the ways described above. This will be your "Order" and is an offer to buy the Chinwag Services for the price stated, subject to these Terms.

After you have submitted your Order we will send you an e-mail to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your Order details. The fact that you receive an automatic confirmation does not necessarily mean that we will be able to meet your Order.

Once we have sent the confirmation email we will then check the Order and if we accept it we will either contact you with a further email stating that it is accepted or commence providing the Chinwag Service. Once you have receive this email or the Chinwag Service begins then a binding contract will exist.

Following acceptance Chinwag may cancel a sale and not supply the Chinwag Service if it is reasonable to do so and may change or discontinue the availability of any Chinwag Services at any time at its sole discretion.

All new Orders are deemed separate and each is treated individually.

Price and Payment

Prices are quoted in UK pounds - outside the UK your credit card company should exchange the amount charged to the currency of your country at the current rate.

Payment may be required before the Chinwag Service is provided and if not payment due from the moment the Order is accepted.

Payment may be made by credit card, debit card, cheque or postal order. Outside the UK all payments must be by credit or debit card.


Credit Card

Orders may be processed online, or over the phone, using a credit or debit card (currently VISA, MasterCard, Delta, Maestro and Switch/Solo). We aim to debit money from your account within three working days after receiving your Order.

Credit/debit card details will be encrypted to minimise the possibility of someone being able to read them as they are sent over the Internet. Please refer to our privacy policy regarding use of your data including credit card data.

Your credit card company may also do security checks to confirm it is you making the Order.

All Order details and invoices will be sent to the credit card billing address and not the delivery address where they differ.


Cheque or Postal Order


Availability and Access

We try to keep the Chinwag Services as maintained and up to date as possible but cannot guarantee that a particular Chinwag Service will always be available. If it isn?t you will not be charged for it or we will refund or re-credit your account with the amount debited by us (as appropriate) and we will notify you as soon as we can after receiving your Order.

In order to use any Chinwag Service you will need to register as a user, submit information and choose a username and a password.

The username and password chosen by and issued to you upon registration with Chinwag is personal to you in order to facilitate your use of and access to the Chinwag Services and shall not be disclosed to any third party without Chinwag?s prior written consent.

In the event that you believe your username or password to have been compromised you undertake to inform Chinwag immediately.

You accept and understand that you are solely liable for any use of the Chinwag Services undertaken by use of your username and password whatsoever.

Once your membership has been verified you will be entitled to use the Chinwag Services.

You may only use the Chinwag Services once your registration is complete and accepted.

You warrant and undertake that all the information supplied during registration is truthful, complete and correct.

In the event that the information you have supplied is incomplete or incorrect you agree to indemnify Chinwag against any loss or damage incurred by Chinwag and any third parties who may suffer damage as a result of the information that you have supplied.

You accept and understand that you are obliged to ensure that all information held about you by Chinwag is up to date and that you can amend your registration details at any time through the Chinwag Services at http://jobs.chinwag.com.

If you use the Chinwag Services you confirm undertake that you have the necessary hardware, software and capability required.


Refund Policy

We want you to be totally satisfied with every purchase you make from Chinwag. It is our aim to offer you value and quality. If, for any reason, you are not completely happy with your purchase, simply contact help@chinwag.com within 30 days of purchase, and we'll exchange the service or offer you a full refund and that's guaranteed! Your statutory rights are unaffected.


Submissions

Chinwag is a mere conduit engaged in the business of providing an Internet information, education, entertainment and communication service or tool and is engaged in the transmission, storage, retrieval, hosting, formatting or translation of third party communications without selection or alteration of the content of the communication.

You agree and accept that Chinwag has no responsibility to review the content of any Submissions or communications or contributions to (or which are part of) the Chinwag Services all of which are made available on the basis that Chinwag shall not be required to exercise any control or judgement of the content or the material posted or contained therein.

The views expressed in any Submissions are the views of the individual contributors and not those of Chinwag unless specified otherwise by Chinwag. In particular but without limitation to the above Chinwag is not responsible for and disclaims all liability in respect of any comments, views or remarks expressed in any Submissions.

Chinwag gives no warranty and makes no representation as to the accuracy, currency or validity of the information and material contained within the Submissions or the Chinwag Services and shall not be responsible for any loss or damage caused as a result of any use of such material.

Chinwag has no control over the accuracy, truth, validity or content of a Submission nor whether the person making a Submission is who they say they are or entitled to make it.

You agree and undertake that you will not post or transmit to, through or using the Chinwag Services any statement, material or Submission that:

Chinwag reserves the right to refuse or remove any Submission for any reason including that it is contrary to these Terms.

In any activity undertaken following use of and related to your use of the Chinwag Services you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call Chinwag into disrepute.

You agree to indemnify and hold harmless Chinwag against all liability it may have in respect of and arising out of your use of the Chinwag Services and your Submissions.

In the event that you believe that you have any action or claim against another user as a result of that user?s behaviour in the use of the Chinwag Services you agree to pursue such an action or claim independently of Chinwag and understand, agree and accept that you shall have no right to pursue Chinwag for any claims, liability, damages, losses, costs and expenses, including legal fees, arising from or in any way connected with such right, claim or action.

Despite the fact that we ask users to warrant that information provided during registration or in a Submission or during a transaction is correct Chinwag have no way of verifying this and as such you should take care and think carefully when using the Chinwag Services. People are not always who they say they are and although this is regrettable you agree and understand that Chinwag is not responsible for the acts or omissions of users of the Chinwag Services.


Liability

Due to the nature of the Internet Chinwag provides and maintains Sites and the Chinwag Services on an "as is", "as available" basis and makes no promise that use of the Chinwag Services and any Site will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide the Chinwag Services for any reason beyond our control.

You will be responsible for any breach of these terms by you and if you use any Site or Chinwag Service in breach of these terms you will be liable to and will reimburse Chinwag for any loss or damage caused as a result.

These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall they exclude or limit Chinwag's liability for death or personal injury resulting from its negligence nor any fraudulent representation.

Chinwag will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law. Subject as aforesaid and to the maximum extent permitted by law, Chinwag excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Chinwag and Chinwag shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:


Intellectual Property Rights, Copyright and Trade Marks

The design, development, layout, concepts, source code and back end software of the Sites and Chinwag Services, except where expressed otherwise, are the property of Chinwag and all copyright, design rights, database right, patents, personality rights and any rights to inventions, know-how, trade and business names, trade secrets, logos and devices, trade and service marks (whether registered or unregistered) and any applications therefor ("Intellectual Property Rights") in them belong to and vest in Chinwag, or are licensed to Chinwag unless otherwise specified. All such rights of Chinwag are hereby asserted and reserved.

No person other than the rightful owner or licensee of such Intellectual Property Rights may:

When making Submissions you agree and accept that Chinwag may publish or otherwise distribute them and you therefore grant to Chinwag an irrevocable, perpetual, non-exclusive right and licence to publish the Submissions and all content contained therein on or within the Chinwag Services, on any other media whatsoever and in its own advertising and promotion.

You alone shall be responsible for your Submissions and the content of your Submissions and all rights, duties and obligations that go with it and represent and undertake to Chinwag that such Submissions do not involve, contain or include material that is likely to infringe the Intellectual Property Rights of any third party.

You may not entitled to reproduce any of material contained within the any Site or Chinwag Service for any purpose except with the permission of the owner or as provided by law or as set out below.

You MAY download and use the Chinwag Services for your private, non-commercial, personal use only, provided that you retain all copyright notices and other proprietary notices contained on the Chinwag Services. You may not sub-licence or deal in this right without Chinwag's prior written permission.

You therefore hereby undertake to Chinwag to indemnify and hold harmless Chinwag in full and defend at its own expense Chinwag against all claims, liabilities, costs and losses whatsoever and howsoever incurred by Chinwag its servants or nominees arising out of any claim made against it in any jurisdiction in the world for infringement of any Intellectual Property Rights of any third party caused by your use of the Chinwag Services and your Submissions.

Chinwag, chinwag.com, the chinwag.com logo, viralmonitor, chinwag jobs, the chinwag jobs logo and the Chinwag logo are trade names or trade marks of Chinwag, the use of which is expressly forbidden by any other persons without the express permission of Chinwag.

Chinwag makes no warranty or representation in respect of any other trade mark or trading name, symbol or device, all of which are hereby acknowledged. If you have any questions in relation to the use of any marks contained within the Chinwag Services please contact Chinwag at the address below.


Termination

Chinwag may change or withdraw any part of the Chinwag Services or a Site, or may refuse you access to the web site at any time if we consider it necessary.

Chinwag shall be entitled to terminate this Agreement and immediately remove, cancel or suspend access to and use of the Chinwag Services upon your breach of any part of these Terms whatsoever.

Termination shall be without prejudice to Chinwag?s other rights.


Privacy Policy

Chinwag is committed to responsible management of consumer data. We comply with all rules, both ethical and legal, with respect to the use of consumer information obtained by us and we adhere strictly to all industry guidelines at all times. We undertake to continuously monitor our management of the use and security of consumer information to uphold your rights. This statement outlines the type of information we collect and store, our usage policy, and whom to contact with questions or concerns.

From time to time Chinwag may ask for and / or you may choose to submit personal data to the Chinwag Services or Chinwag (including your email address and contact details) by filling out a feedback form, or signing up to our mailing list or otherwise by telling Chinwag about yourself or your activities.

Chinwag will not collect, store or process any personal information about you unless you provide it to us voluntarily.

When you place an Order, register to use a Site and at other times, we will ask you for certain information and you may submit personal data to Chinwag (for example your name, phone number, postal address, email address, contact and bank / credit card details). We may also record which Chinwag Services you are interested in and purchase as well as customer traffic patterns and site use. This information will be kept securely in accordance with our internal security policy and may be used to:

If you do submit it, you agree and accept that this data may be used, stored and processed as described above but only in accordance with the Data Protection Act 1998.

From time to time we also monitor and record telephone calls for training purposes and to improve the service to you.

We will never collect sensitive information about you without your explicit consent.

From time to time Chinwag may want to share this data with other reputable companies both within and outside the European Union. Chinwag may also use the information or parts of it to occasionally broadcast it or notify you about Chinwag events or related activities that you may find useful.

Once collected, the data will be held within the European Union and the European Economic Area or other territory complying with the legal and technical guidelines laid down for handling data by the European Union and will only be used for the specific purpose for which it was sought and to which you consented. It will not be used for any other purpose whatsoever. Any personal data we hold on you will be deleted or updated upon request and any inaccurate or misleading data held will be changed or deleted upon your request.

If you do not want Chinwag to collect or process your personal data as described above, please do not submit it and if you have or you believe that we have data about you that is incorrect or should you wish your data to be deleted or amended for any reason please email Chinwag at the address below and the information will be corrected as soon as possible or removed from our database as you request.

Details of the data we hold on you will be provided on request although we reserve the right to charge the relevant statutory disclosure fee (where appropriate). Any request of this nature should be directed to the e-mail address shown at the bottom of this notice.

As required by the UK Data Protection Act 1998 Chinwag follow strict security procedures in relation to the storage and disclosure of information which you have given to us, to prevent unauthorised access or use of such data. In the event, however, that Chinwag or its officers or employees are required to undertake any act under the Regulation of Investigatory Powers Act or similar legislation Chinwag or such person shall be entitled and occasionally obliged to do so without informing you. We would also ask that in such circumstances you co-operate with Chinwag.


Marketing Communications

If you have used the Chinwag Services or any Site before or have Ordered Chinwag Services from Chinwag before it is possible that we have this information already and it is being used to contact you about offers, events, items or related activities that you may find useful. If you are an existing customer we will continue to keep you informed unless you tell us not to.

If you are a new customer we will give you the choice (for example once you have placed an Order) whether or not you want us or other reputable companies to contact you about future offers, events and new Chinwag Services or related activities that you may find useful. We will not bombard you with emails, but we?d like to keep you informed of the developments relating to the Chinwag Services.

We do not sell, trade or rent your personal information to other companies but from time to time we may want to share data with other reputable companies both within and outside the European Union who may have interesting offers and information for you.

Chinwag will not send you any marketing emails or pass your information on to third parties unless you give us your consent, unless we have it already.

Where requested please therefore check the relevant box marked:


Non-personally Identifiable Information Collected Automatically

For each visitor to Chinwag's website and associated websites, our web server automatically recognises your domain, the type of Internet browser you are using, the type of computer operating system you are using and the domain name of the web site from which you linked to our site. This non-personally identifiable information is collected automatically, used for internal review, then discarded.


Cookies

In Order to use our Sites and the Chinwag Services we may use a device known as a ?cookie?. Cookies are a means by which information relating to your Internet activity (such as whether you have visited a Site before) is recorded on your hard drive and used by us to improve Sites and the Chinwag Services and the products and services available to you.

If you do not wish for us to use cookies when you use any Site or Chinwag Service please adjust your Internet browser settings to not accept cookies. Your computer?s help file should tell you how to do this.

Unless you disable "cookies" we will store Order, search, personal and delivery details including name, address and bank details and may automatically insert certain information on the Order forms so that you can use Sites and the Chinwag Services with the minimum amount of form filling.


Consumers' Privacy Rights

Chinwag holds the consumer relationship in the highest regard and pledges:

Marketers can better tailor their products and services to meet the needs of their customers with our assistance. Further, they can refine their promotional efforts to target only those customers for whose benefit the products have been produced.


Your Privacy and Who to Contact

If you have any questions or comments about privacy or the Chinwag privacy policy, or if you already have submitted information that you do not wish us to have or if you think that Chinwag has cookies or data about you that you don?t want us to use or that is incorrect please contact us at the address below, by telephone (on +44 (0)20 7183 2923) or email (at help @ jobs.chinwag.com) and the information will be corrected as soon as possible or removed from our database as you request. If you think we have not followed our privacy policy in some way, they can help you resolve your concern.

Chinwag is registered with the Information Commissioner in accordance with the Data Protection Act 1998.

Please e-mail questions or requests for more information about Chinwag's privacy policies and initiatives to help @ jobs.chinwag.com.

Anyone may request the removal of his or her name from Chinwag's mailing lists, announcement lists or marketing database by sending an e-mail to help @ jobs.chinwag.com. You must provide your name, complete street address, city, country, post code and e-mail address. Any data we hold on you will be deleted from our existing files upon receipt of such notice.


General

These Terms constitute the full agreement between you and Chinwag and may only be amended in writing. They apply to the exclusion of all other terms or conditions of contract proposed.

Chinwag acts as principal on its own account and not as agent for you or any other person.

If Chinwag does not enforce any provision of this agreement such will not be considered a waiver or continuing waiver of any provision or right.

In the event that any part of these Terms is held to be unenforceable, such part will at Chinwag?s option be construed as far as possible to reflect the parties? intentions and the remainder of the provisions will remain in full force and effect.

Since we are principally aiming Sites and the Chinwag Services at the UK market, we cannot guarantee that it accords with local laws of any other countries (though we will try to make sure it does).

Use of Chinwag and these terms are subject to the laws of England and the jurisdiction of the English Courts.

All questions, comments or enquiries should be directed by email to postmaster@chinwag.com or by post to Postmaster, Chinwag

Where national regulatory authorities have jurisdiction over the Chinwag Services and Submissions, Chinwag has attempted to ensure compliance with the requirements of such regulatory body. However, some of the information and content may not to be accessed from certain jurisdictions and it is hereby asserted that the Chinwag Services are intended for and directed at the UK and EU and no representation or warranty is made as to whether the Chinwag Services and Submissions comply with the regulatory regime and local laws of any other countries.