Our terms

1. These terms

1.1 What these terms cover. These are the terms and conditions on which we supply our digital services, including but not limited to this website, our mobile app or any other digital service or content provided by us, including any data you may provide through this website, its mobile app or any other digital service (“Digital Services”) to you.

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2. Information about us and how to contact us

2.1 Who we are. We are InChief a the trading name of JRW3 Ltd, company number 10509983, registered office address: 23 The Meadway, Chelsfield, Kent, BR6 6HH.

2.2 How to contact us. You can contact us by emailing info@inchief.com.

2.3 How we may contact you. If we have to contact you we will do so by emailing you at the email address you provided to us in your order.

2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3. Our contract with you

3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.2 Your email address and username will be used whenever we contact you or you need to contact us.

4. Our rights to make changes

4.1 Minor changes to the Digital Services. We may change our Digital Services:
(a) to reflect changes in relevant laws and regulatory requirements and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Digital Services.

5. Providing the Digital Services

5.1 When we will provide the Digital Services. We will supply the Digital Services to you until your subscription expires (if applicable) or you end the contract as described in clause 6 or we end the contract by written notice to you as described in clause 8.

5.2 We are not responsible for delays outside our control. If our supply of the Digital Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Digital Services you have paid for but not received.

5.3 Reasons we may suspend the supply of Digital Services to you. We may have to suspend the supply of Digital Services to:
(a) deal with technical problems or make minor technical changes; or
(b) update the Digital Services to reflect changes in relevant laws and regulatory requirements.

5.4 Your rights if we suspend the supply of Digital Services. We will contact you in advance to tell you we will be suspending supply of the Digital Services, unless the problem is urgent or an emergency.

5.5 We may also suspend supply of the Digital Services if you do not pay. If you do not pay us for the Digital Services when you are supposed to and you still do not make payment within 24 hours of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Digital Services.

6. Your rights to end the contract

6.1 You can always end your contract with us.
(a) If you have just changed your mind about the Digital Services, see clause 6.2. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;

6.2 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products or services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

7. How to end the contract with us (including if you have changed your mind)

7.1 To end the contract with us, please let us know via your settings in your profile on our website.

7.2 How we will refund you. If applicable, we will refund you the price you paid for the Digital Services, by the method you used for payment. However, we may make deductions from the price, as described below.

7.3 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may deduct from any refund an amount for the supply of the Digital Services for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

7.4 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) In all other cases, your refund will be made within 30 days of your telling us you have changed your mind
8. Our rights to end the contract

8.1 We may withdraw the Digital Services. We may write to you to let you know that we are going to stop providing the Digital Services. We will let you know at least [30 days] in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

9. If there is a problem with the Digital Services

9.1 How to tell us about problems. If you have any questions or complaints about the Digital Services, please contact us at Info@InChief.com

10. Price and payment

10.1 Where to find the price for the Digital Services. The price of the Digital Services will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Digital Services advised to you is correct. However please see clause 10.2 for what happens if we discover an error in the price of the Digital Services you order.

10.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Digital Services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Digital Services’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

10.3 Payment credentials. When you make a payment through InChief, you agree to provide a valid payment credential. When you have successfully added your payment credential, we will allow you to initiate a transaction using the payments features through InChief.

10.4 Pricing. Pay attention to the details of the transaction, because your total price may include taxes, fees, and shipping costs (if applicable), all of which you are responsible for paying.

10.5 Extra terms. You may be presented with additional terms related to a specific payment before you confirm the transaction (such as additional extras you have purchased). Those additional terms will also govern that transaction.

10.6 Subscriptions. If you purchase a subscription to our Digital Services, we will bill your payment credential immediately, and then again at the beginning of each subscription period. The following terms apply for subscriptions purchased through payments features through InChief:
(a) If a free trial period is offered and you do not cancel during the free trial period, you will be billed at the end of the free trial period and at the beginning of each subsequent subscription period.
(b) You can cancel subscriptions at any time on your Account Settings page.
(c) If you cancel a subscription you will still have access to the Digital Services you subscribed to through the end of the subscription period. If an app or feature you subscribed to becomes unavailable during your subscription you will not be billed at the beginning of the next subscription period.

10.7 Payment credentials. For your convenience, we allow you to fund your transactions using a number of different sources, like credit cards and debit cards, and other payment methods.

10.8 Authority. When you provide a payment credential to us, you confirm that you are permitted to use that payment credential. When you fund a transaction, you authorise us (and our designated payment processor) to charge the full amount to the payment credential you designate for the transaction. You also authorise us to collect and store that payment credential, along with other related transaction information. We may also use certain payment card updater services, whose availability varies by issuer, to ensure we have the most up-to-date information about payment credential we store.

10.9 Authorisation. If you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card for an amount, which may be as high as the full price of your payment. Your card will be charged at the time you initiate a payment, or shortly thereafter. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you.

10.10 Failed payments. If your transaction results in an overdraft or other fee from your bank, you alone are responsible for that fee.

10.11 Incompatibility. You may at some point encounter an app or feature that does not support the payment method you would prefer to use; however, you can select a different type of payment instrument (such as credit or debit card,).

10.12 At-will use. We may revoke your eligibility to make payments through InChief Products at any time at our sole discretion.

10.13 Inquiries. By using payments features through InChief, you acknowledge and agree that we may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness.

10.14 Our right to cancel. We may cancel any transaction if we believe the transaction violates these Terms, or if we believe doing so may prevent financial loss.

10.15 Payment limitations. In order to prevent financial loss to you or to us, we may place a delay on a payment for a period of time, or limit payment credentials for a transaction, or limit your ability to make a payment, or deactivate your account.

10.16 Sharing of information. In order to prevent financial loss to you or to us, we may contact your payment credential issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.

10.17 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

11. Intellectual Property

11.1 All Intellectual Property Rights (which for the purpose of these Terms shall include patents, rights to inventions, copyright and moral rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, confidential information, and all other intellectual property rights, in each case whether registered or unregistered and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world), in or arising out of or in connection with the Digital Services shall be owned by us.

11.2 You hereby grant us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by you to us when using our Digital Services.

11.3 You grant us and our affiliates a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any data, content, and other information made available by you or on your behalf in connection with your use of our Digital Services. This license survives even if you stop using the Digital Services.

12. Our responsibility for loss or damage suffered by you

12.1 We shall not, under any circumstances, be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the Digital Services and any data derived through such Digital Services, whether based on breach of contract, breach of warranty, tort (including negligence, product liability or otherwise), or any other pecuniary loss, whether or not InChief has been advised of the possibility of such damages. Under no circumstances shall InChief be liable to you for any amount.

12.2 We are not liable for business losses. We only supply the Digital Services for domestic and private use. If you use the Digital Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12.3 To the maximum extent permitted by applicable law, you hereby release and waive all claims against InChief, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of the Digital Services and data derived through the Digital Services.

13. How we may use your personal information

13.1 How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.

13.2 These terms and our privacy policy govern solely the processing of personal data we have obtained directly from you or otherwise obtained via any means other than through publicly available content platform APIs (including but not limited to Facebook’s Graph API, Instagram API, Twitter API, TikTok’s API or YouTube’s API etc.). Processing of data obtained via such public content platform APIs will be governed by respective terms and conditions and privacy policies for such applicable content platform API.

13.3 In addition, and notwithstanding anything in the privacy policy, we reserve the right to collect and analyse data and information (including personally identifiable data and information) resulting from your publicly available access to and use of Facebook, Instagram, Twitter, TikTok and YouTube (or any other publicly available content platform). Most, but not all, of this data and information is used and disclosed by us only in an aggregated non-personally identifiable form that does not directly identify you or any other entity or natural person as the source thereof. All such aggregated data and information will be solely owned by us and may be used by us for any lawful business purpose, including for purposes of data analytics or in order to further enhance or improve the Digital Services, without a duty of accounting to you.

13.4 You acknowledge and agree that subscription to the Digital Services involves the use of your account on an enabled social media network and that we may acquire any and all personal or sensitive data directly from such registered account.

14. Other important terms

14.1 We may change, suspend, or discontinue the availability of the Digital Services at any time. In addition, we may impose limits on certain features and services or restrict your access to parts or all of our APIs or the Digital Services without notice or liability.

14.2 To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify InChief and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third-party claim arising from or in any way related to your use of the Digital Services and any data derived through the Platform, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. InChief shall use good faith efforts to provide you with written notice of such claim, suit or action.

14.3 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

14.4 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

14.5 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.

14.6 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

14.7 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

14.8 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.

Copyright © 2020 InChief (JRW3 Ltd)