Chappy is a mobile application with an accompanying website operated by Chappy Limited, (“we” or “us”), an English company whose registered office is The Broadgate Tower, Third Floor, 20 Primrose Street, London EC2A 2RS. Chappy provides gay men with a safe and welcoming platform for connecting and online dating.
These Terms and Conditions of Use (“Terms”) form a contract between you as a user (“you”) and Chappy Limited. You should read these Terms in full before using the Chappy App or website (“Chappy”), because once you access, view or use Chappy, you are going to be legally bound by them. However, just in case you ever need a reminder of the main points, here’s a quick summary:
IF YOU DO NOT ACCEPT AND AGREE TO THE TERMS THEN YOU MUST NOT ACCESS OR USE CHAPPY.
You must be aged 18 or over or the age of majority in the country in which you reside to accept these Terms to access and use Chappy.
Before you can use Chappy, you will need to register for an account (“Account”). In order to register for an Account you must:
You can create an Account using your Facebook login details. This will authorise us to access, display and use certain information from your Facebook profile including your name, photograph, age, location, education and work details.
The information we collect about you will be used to create your profile, which will be available to other Chappy users. If you would like to hide your profile at any time, you can do so by going to the “Settings” section of Chappy and switching the “Public Profile” setting off.
You must not use another person’s Facebook login details to create an Account, or try to access an Account that does not belong to you, even if you have the permission of a third party.
If you would like to delete your Account, you can do so by going to the “Settings” section of Chappy and clicking on the “Delete Account” link. Your Account will be deleted immediately but it may take a little while for Your Content to be completely removed from Chappy. You may also be able to delete your Account by adjusting your Facebook settings. Please refer to the Facebook website for more information.
We reserve the right to terminate or suspend any Account, or to make use of any operational, technological, legal or other means available to enforce the Terms (including without limitation blocking specific IP addresses) at any time and without the need to give you prior notice.
You will be able to access three types of content on Chappy:
We want you to enjoy using Chappy. We do have some rules about what is acceptable, however, so when you are using Chappy you may not post, send or upload any content which:
Chappy operates a zero-tolerance policy for this kind of content.
Please refer to the Photo Moderation Rules available on our website for rules about the photos that you can upload to Chappy. All profile photographs will be moderated to ensure that they adhere to these Terms and the Photo Moderation Rules and any photographs containing inappropriate content will immediately be deleted. If you continue to upload inappropriate content, Chappy may suspend or terminate your Account without the need to give you prior notice.
You are responsible for any content that you upload or create on Chappy, and you represent and warrant to us that you have the right to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide licence to use Your Content in any way. We have the right to disclose your identity to any third party who is claiming that any of Your Content constitutes a violation of their intellectual property rights or of their right to privacy or any other law. You agree that you will indemnify, defend, release and hold us harmless from any claims made in connection with Your Content.
You must not display any personal contact or banking information on your individual profile, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details, or place of work). If you choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details of yourself to third parties online as you would under any other circumstances. You are required to follow our Community Guidelines and Safety Tips when doing so.
You must not create or upload any material that directly or indirectly attacks people based on their ethnicity, race, nationality, gender, sexual orientation, religious belief or disabilities. If you come across any such material while using Chappy, please report it to us by clicking the “Block & Report” link. We may immediately remove a user’s access to Chappy for infringements of this.
Other members of Chappy will also share content via the platform, for instance by posting information on their profile. User Content belongs to the user who posted the content and is stored on our servers and displayed via Chappy at the discretion of the user providing User Content.
Chappy may allow you to share user profiles using third party applications such as WhatsApp and Facebook. You do not have any rights in relation to other users’ User Content, and you may only use other Chappy users’ personal information to the extent that your use of it matches Chappy’s purpose of allowing guys to meet one another. You may not use other users’ information for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users’ information.
Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on Chappy are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights. All right, title and interest in and to Our Content remains with us at all times.
We grant you a non-exclusive, limited, personal, non-transferable, revocable licence to access and use Our Content, without the right to sublicense, under the following conditions:
We reserve all other rights. If you breach any of the Terms, the above licence will terminate automatically and you must immediately destroy any of Our Content that you have downloaded or otherwise obtained.
You can complain about User Content by contacting us at firstname.lastname@example.org, outlining the abuse and/or complaint, or you can block and/or report a user directly from their profile or in chat by clicking the “Block & Report” link. Blocking a user will prevent them from being able to contact you via Chappy. We take any complaints seriously and will aim to investigate and respond to all user complaints within 24 hours. Any content which we consider in our discretion to be in breach of these Terms will be deleted and we may suspend or terminate the offending user’s account.
Scraping or replicating any part of Chappy without our prior consent is expressly prohibited. This includes by any means (automated or otherwise) other than through our currently available, published interfaces – unless you have been specifically allowed to do so in a separate agreement with us.
You must not share your login details with anyone or let anyone access your Account. You are responsible for keeping your login details secret and secure. If you don’t, Chappy is not liable for any unauthorised access to your Account. If you suspect that someone has gained access to your Account, you must let us know immediately. You must also immediately change your login details. Chappy reserves the right to terminate your Account if you violate our rules on keeping your login details secure.
Certain features of Chappy may be interoperable with third party services, and you may need to create accounts with applicable third party service providers in order to use these features (e.g. a Facebook account is required before you can create an Account). By using Chappy, you agree to comply with any applicable terms, conditions or requirements promulgated by any provider of a third party service.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using Chappy may be read or intercepted by others.
By using Chappy you agree to us collecting and using technical information about the devices you use Chappy on and related software, hardware and peripherals to improve our products and to provide any services to you.
We and users of Chappy may make available links to other independent websites. These websites are not under our control and we are not responsible for and have not checked and approved their content or privacy policies.
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
Sometimes people forget about the Terms and post or upload content or act in a way while on Chappy which is not consistent with its purpose. If we think that you may be one of those people, then we reserve the right at our sole discretion, at any time and without liability or the need to give you prior notice or to refund any unused services to:
We will try (but we are not obliged to) notify you if your access to Chappy and/or your profile is to be or has been suspended or terminated. Where you have acted contrary to our Terms, we will keep a record of it and may block future attempts by you to use or access Chappy and its features.
Nothing in the Terms limits or excludes our liability for (i) death or personal injury caused by our proven negligence; or, (ii) any liability which cannot be limited or excluded by law.
To the fullest extent permitted by law, we expressly exclude (i) all conditions, representations, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; (ii) any liability arising from use of Chappy, its services or these Terms; and, (iii) any liability arising from the transmission of any disabling device that may infect your equipment, failure of mechanical or electrical equipment or communication lines, telephone or other interconnect problems (e.g. you cannot access your internet service provider), unauthorised access, theft, bodily injury (other than caused by our negligence), property damage, operator errors, strikes or other labour problems or any act of god or any other act or omission by a third party outside Chappy’s control, including without limitation for any claims, charges, demands, damages, liabilities, losses or expenses of whatever nature and howsoever caused including direct, indirect, incidental, special, exemplary, punitive or consequential damages (however arising including negligence), loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, wasted management or office time, breach of contract or claims of third parties or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this site.
The foregoing shall apply even if we were advised of the possibility of damages arising. Our total liability to you in respect of losses arising under or in connection with the Terms, whether in contract, tort (including negligence, breach of statutory duty, or otherwise), shall in no circumstances exceed £20.
All the actions you make and information you post on Chappy remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:
We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defence of any relevant claim.
We may make changes to Chappy from time to time (such as by adding new features or addressing security issues) or there may be changes in law or best practice which require changes to these Terms. We therefore reserve the right to modify, amend or change these Terms at any time and without prior notice when the change is related to legal or regulatory changes, reflects technological advancements, or is designed to clarify them, but in each case where we don’t actually change our practices as set out in these Terms. Where we make a material change to these Terms, we will notify you either via email or in-App notification. Where you do not agree to the changes, you should delete your Account.
You can always access the current version of the Terms at https://chappyapp.com/terms.
We have taken reasonable steps to ensure the currency, availability, correctness and completeness of the information contained on Chappy and provide that information on an "as is", "as available" basis. We do not give or make any warranty or representation of any kind about the information contained on Chappy, whether express or implied, including but not limited to fitness for a particular purpose, title or non-infringement. Use of Chappy and the materials available on it is at your sole risk and we do not warrant that Our Content or User Content is correct, accurate or reliable. We cannot be held responsible for any loss arising from the transmission or use of data, or for inaccurate content posted by users. You are responsible for taking all necessary precautions to ensure that any material you may obtain from Chappy is free of viruses or other harmful components. You accept that Chappy will not be provided uninterrupted or error free, that defects may not be corrected or that Chappy, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horses or any similar malicious software. We are not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
By accessing Chappy or agreeing to receive messages or notifications from Chappy through your mobile phone and/or any other connected device, you accept that you may incur charges from your internet or mobile service provider. We shall not under any circumstances be liable for such charges.
You warrant that you have the right, authority and capacity to enter into and be bound by the Terms and that by using this site you will not be violating any law or regulation of the country in which you are resident. You are solely responsible for your compliance with all applicable local laws and regulations, and for your interactions with other members. You further warrant that you have not been convicted of, nor are subject to any court order relating to assault, violence, sexual misconduct or harassment.
No failure or delay in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of the right or the exercise of any other right, power or privilege.
If, for any reason, any of the Terms are declared to be illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
The Terms set out the entire agreement and understanding between us and you in relation to your use of the site and supersede all previous agreements, representations and arrangements between us (either oral or written). Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.
Nothing in the Terms shall confer or purport to confer on any other third party, any benefit or the right to enforce any term of the Terms and the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Terms.
These Terms and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) shall be governed in accordance with English law. In the event there is a discrepancy between this English language version and any translated copies of these Terms, the English version shall prevail.
Chappy is a mobile application with an accompanying website, owned and operated by Chappy Limited.
We are registered in England under company number 10323734.
Our registered office is at The Broadgate Tower, Third Floor, 20 Primrose Street, London EC2A 2RS.
These Terms were last updated on 27 March 2018.