Legal information and notice

Agreement to Terms of Use

JWE Sarl. formed under the laws of Luxembourg with registered offices at 44, avenue John F. Kennedy, L-1855 Luxembourg, Grand Duchy of Luxembourg, registered within the Registre de Commerce et des Sociétés in Luxembourg under the number B207016 (“Company”, “we” or “our”) operates the Club Elite Chat application allowing users to chat between themselves (hereinafter the “Application”).

Please read the terms and conditions set forth herein (the “Terms of Use“) carefully before using the Application.

By accessing the Application you irrevocably and unconditionally accept these Terms of Use which will result in a legal agreement between you and us. By accessing or using the Application, you, and/or the entity you are duly authorized to represent signify your agreement to be bound by each provision of the Terms of Use. If you do not agree to all the Terms of Use, please avoid from accessing or using the Application.

These Terms of Use shall govern your use of the Application.

The Company reserves the right, at its sole discretion, to change, modify, add, remove or update the Terms of Use, at any time and without prior announcement. You are responsible for informing yourself of the Terms of Use in force at the time of use of this Application. The date of the last version is indicated at the end of the Terms of Use. By continuing to use the Application following the publication of the revised version of the Terms of Use, you accept those changes.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, music, artwork, computer code and any other content of the Application (collectively, “Content“) as well as the design, structure, selection, coordination, expression of such Content, is owned, controlled or licensed by or to us, and is protected by copyright, patent and/or trademark laws, and various other intellectual property rights, database rights and/or unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Application and no Content may be copied, reproduced, exploited, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including ‘mirroring’) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our’s express prior written consent.

Your use of the Application

In addition to other restrictions otherwise set forth in these Terms of Use, you acknowledge that the Company reserves the right to modify, suspend or close the Application at its own discretion and without prior announcement.

Warranties

The Company makes no warranties, express or implied, guarantees or conditions with respect to your use of the Application. You agree to access and to use the Application at your own risk. The Company cannot be held liable for any direct or indirect or other losses or damages of whatsoever kind (whether based on a contractual, non-contractual or legal basis) resulting from access or use, or from the inability to use this Application, from inaccuracies or omissions in this Application, from any decisions you may make based on information contained in this Application, from viruses from this Application, or non-accessibility of this Application, even if the Company has been advised of the possibility of such damages. If you are dissatisfied with the Application, its services, its content, or with the Terms of Use, your sole and exclusive remedy is to discontinue using the Application.

Every effort is made to keep the Application up and running smoothly. However, the Company takes no responsibility for, and will not be liable for, the Application being temporarily or permanently unavailable due to technical issues beyond our control.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Application for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

You agree to use the Application in strict compliance with all applicable laws, rulings, and regulations and in a way that does not, in the sole judgment of the Company, negatively reflect on the goodwill or reputation of the Company. You also agree to avoid taking actions which would cause any entity of the the Company or its affiliates (i.e. any subsidiary or other company controlled/owned in part or in full by the Company) to be in violation of any laws, rulings or regulations.

You agree at all times to indemnify, defend and hold harmless the Company, their agents, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever sustained, incurred or paid by the Company directly or indirectly in respect of (i) any information or other content you provide on or through this Application and (ii) your use or misuse of the content of this App, including without limitation infringement claims.

Intellectual Property Rights

All intellectual property rights associated with the Application and its Content are the sole property of the Company and/or their partners, unless otherwise clearly indicated or in any other way perceivable as third-party rights.

The Content may not be sold, distributed, exploited, transmitted, copied, modified, or decompiled, in any way, without the prior written consent of the Company. Any unauthorized use of the Content is expressly prohibited and may constitute a violation of copyright law, trademark law, patent law or any other property rights.

Links to the Application and links to other websites

This Application may contain links to websites not operated, controlled, or supervised by the Company (for example links forwarding to app stores and other browsers to use the XYZ and/or ZZZ application(s)). These links are provided solely as a convenience for you. If you follow these links, you will leave the Application and will be subject to the legal terms and privacy policy applicable to those websites. By providing such links, the Company makes no judgment nor warranty with respect to the websites accessible through the links. The Company takes no responsibility regarding these websites and does not endorse the content of such linked websites.

Disclaimers

THE COMPANY DOES NOT PROMISE THAT THE APPLICATION OR ANY CONTENT, SERVICE OR FEATURE OF THE APPLICATION WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE APPLICATION WILL PROVIDE SPECIFIC RESULTS. THE APPLICATION AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE APPLICATION IS SUBJECT TO CHANGE WITHOUT NOTICE. THE COMPANY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE APPLICATION WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE APPLICATION AND/OR ANY THE COMPANY SERVICES. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE APPLICATION OR ANY CONTENT IS TO STOP USING THE APPLICATION OR ANY SUCH CONTENT

The information contained on this Application is for general information purposes only. While we endeavour to keep the information on the Application up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Application or the information, products, services, or related graphics contained on the Application for any purpose.

The above disclaimer applies to any damages, liability or injuries caused in relation to the App, as interpreted to the largest extent (including but not limited to any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action). The Company reserves the right, at any time and without notice, to:

• modify, suspend or terminate operation of or access to the App, or any portion of the App, for any reason;
• modify or change the App, or any portion of the App, and any applicable policies or terms;
• interrupt the operation of the App, or any portion of the App, as necessary to perform routine or non-routine maintenance, error correction, or other changes; and/or
• claim damages for any unauthorized use of this App.

Contact

If you have any questions about the Application or the present Terms of Use, you can contact the Company by sending an email to support@clubelitechat.com.

Information provided by you via general e-mail inquiries to the Company is used only to respond to your inquiries in the ordinary course of business.

For more information about your personal data and how it is processed, please consult our ‘on the App.

Assignment and enforceability

You may not assign these Terms of Use or any of your interests, rights, or obligations under these Terms of Use without our express and prior consent.

Should any provision of these Terms of Use be deemed or held to be wholly or partly invalid, ineffective or unenforceable, this shall not affect the validity, effectiveness or enforceability of the remainder hereof.

The Company shall replace any such invalid, ineffective or unenforceable provision, to the fullest extent permitted by law, by a valid, effective and enforceable provision as comes closest to the intent and purpose of such invalid, ineffective or unenforceable provision.

No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Governing law and Jurisdiction

Any contractual or non-contractual obligations arising from or connected with these Terms of Use shall be governed by and shall be construed in accordance with the laws of Luxembourg.

The courts of Luxembourg (Grand Duchy of Luxembourg) shall have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these Terms of Use.

Last updated: 15 March 2023