Terms and Conditions

Below are chatta‘s terms and conditions, which includes; Data Protection Policy, Confidentiality Policy, Reason for Termination of Subscription, Payment Terms, Website Terms and Conditions, App Terms and Conditions and our Security and Privacy Policy.

chatta fully subscribes to the principles and requirements of the Data Protection Act 1998 and Data Protection generally. This extends to, but is not exclusive to, all data relating to our employees, clients, other associated individuals and companies, and suppliers. We are fully registered with the Information Commissioner’s Office as a data user.

All confidential or potentially confidential information disclosed by clients chatta shall be kept secret and confidential and shall not be used for any purposes other than those required or permitted in agreement with the client’s designated contract manager and shall not be disclosed to any third party except insofar as this may be required for the proper operation of the Contract.

chatta retains the right at all times to terminate subscriptions of schools nurseries and other users which fail to maintain contact with chatta at least every 3 months. There will be no refunds for failing to respond or engage with chatta regularly throughout the subscription and the cost of a full 12 month subscription will apply. If no contact is received after 3 months chatta will make contact the subscriber by email, telephone and post to try to re-establish communication.

chatta customers can cancel a subscription at any time by providing 3 full months notice in writing or by email. Payable fees will calculated on a monthly pro-rata basis and will include an additional set-up and administration fee of ⅓ of the agreed annual subscription price.

chatta subscription costs any associated additional training and resources costs are active and enforceable upon the sending of an invoice form chatta.

All due payments are required to made within 30 days of the date of invoice. Payments that are overdue by more than 30 days will incur an additional charge of 10% upon late payment and then further interest will be charged at a rate of 20% APR pro-rata. By arrangement,payments can be made on a monthly, termly or annual basis.

General

  • These terms apply to all visitors of our website.
  • Before using our website you should read and understand these terms.
  • By using our website you accept and agree to be bound by these terms.

Definitions

  • By “our website” we mean http://www.chatta.co.uk
  • By “us”, “we” and “our” we mean Chatta Ltd
  • By “terms” we mean these General Terms and our Privacy Policy.
  • By “information” we mean facts and other information, including actions, which we hold now or at any time in the future and which comes from or relates to your use of our website and our services. Please read our Privacy Policy for more details.
  • By “content” we mean data, text, information, screen names, graphics, photos, profiles, software, music, files, sounds, static and mobile images.
  • By “use” we mean use, copy, view, distribute, modify, translate, and create derivative works of.
  • By “visitor” we mean any person viewing our website.
  • By “our serviced countries” we mean the United Kingdom, Isle of Man and the Channel Islands.

Our Information

  • chatta Ltd is a limited company registered in England & Wales, 09478467

Service Availability

  • Our website is only intended for use by people resident in one of our serviced countries
  • Access to our website is permitted on a temporary basis. We may, at any time, withdraw, restrict or amend access to our website without notice.
  • We are not liable in any way if, for any reason, our website is unavailable at any time or for any period.

Intellectual Property Rights

  • We are the owner or the licensee of all intellectual property rights on our website and in the material published on it and any other promotional material used by us, including but not limited to patents, registered designs, trade marks and service marks (whether registered or not), and applications for any of the foregoing, copyright, design, right, moral rights, rights in and to databases and all similar and/or analogous right subsisting at any time in any part of the world in relation to us are and at all times remain the property of us. That material is protected by copyright laws and treaties around the world. All such rights are reserved.
  • You may print off one copy, and may download extracts, of any page(s) from our website for your personal reference and you may draw the attention of others within your organisation to material posted on our website.
  • You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any graphics, illustrations, photographs, video or audio sequences separately from any accompanying text.
  • Our status (and that of any identified contributors) as the authors of material on our website must always be clearly acknowledged.
  • You must not use any part of the materials on our website for commercial purposes without obtaining a written licence to do so from us or our licensors.
  • If you wish to make use of any material on our website for purposes other than that set out above, please address your request to hello@chatta.co.uk
  • If you print off, copy or download any part of our website in breach of these terms, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Reliance On Information Posted

  • Commentary and other materials posted on our website are not intended to amount to advice on which reliance should be placed.
  • We disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our website, or by anyone who may be informed of any of its content.

Our Website Changes Regularly

  • Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material.
  • We aim to update our website regularly, and may change the content at any time without notice.

Viruses, Hacking And Other Offences

  • You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
  • You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website.
  • You must not attack our website via a denial of service attack or a distributed denial of service attack.
  • If you breach the above provisions you will commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities. We will co-operate with those authorities by disclosing your identity to them. If you breach these provisions, your right to use our website will cease immediately.
  • We are not liable for any loss or damage caused by a denial of service attack, distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.

Linking To Our Website

  • You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
  • You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
  • We reserve the right to withdraw linking permission without notice.
  • The website from which you are linking must not, in our opinion, be associated with, encourage, endorse or promote anything which is:
  • illegal (such as prohibited substances or offensive weapons);
  • pornographic;
  • salacious or corrupting;
  • abusive, violent, harassing, or bullying.
  • The website from which you are linking must not contain any images, video, sound, text and/or content that damages our reputation or the reputation of any entity with which we are affiliated.

Links From Our Website

  • Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources. We are not liable or responsible for them or for any loss or damage that may arise from your use of them.

Trade Marks

  • chatta is the trading name of Chatta Ltd. All rights are reserved in that name.

Our Liability

  • To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
  • all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
  • any liability for any direct, indirect or consequential loss or damage incurred by any visitor or registered user in connection with our website or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill;
  • wasted management or office time;
  • for any other loss or damage of any kind or any special, indirect or consequential loss or damage, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

Written Communications

We will contact you by email and provide you with information by posting notices on our website.

For contractual purposes, you agree to this electronic means of communication and you agree that all contracts, notices, information and other communications that we provide to you electronically are in writing. This condition does not affect your statutory rights.

Notices

  • All notices given to us must be given to Chatta Ltd by email at hello@chatta.co.uk or by post at Chatta Brough Business Centre, Skillings Lane, Brough, East Yorkshire, HU15 1EN
  • We may give notice to you at the postal address you provide to us when starting an implementation plan, or in any of the ways specified.
  • Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or 3 days after the date of posting of any letter.
  • In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

Transfer Of Rights And Obligations

  • The contract between you and us is binding on you and us and on our respective successors and assigns.
  • You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.
  • We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.

Events Outside Our Control

  • We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that are caused by events outside our reasonable control (force majeure event).
  • A force majeure event includes any act, event, non-occurrence, omission or accident beyond our reasonable control which prevents performance of our obligations and includes, in particular, without limitation, the following:
  • third party strikes, lock-outs or other industrial action;
  • civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  • impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • impossibility of the use of public or private telecommunications networks;
  • the acts, decrees, legislation, regulations or restrictions of any government.
  • Our obligations under these terms are suspended for the period that the force majeure event continues, and we will extend the time to perform these obligations for the duration of that period.
  • We will take reasonable steps to limit the effects of the force majeure event or to find a solution by which our obligations under these terms can be performed despite the force majeure event.

Waiver

  • If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of a particular default shall not constitute a waiver of any other default. No waiver by us of any of these terms shall be effective unless it is expressly stated to be a waiver and is in writing.

Severability

  • If any terms, conditions or provisions of a contract are invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Entire Agreement

  • These terms and any document expressly referred to in them are the entire agreement between you and us in relation to your use of our website and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

Variations

  • We have the right to revise and amend these General Terms from time to time. You will be notified of any revisions or amendments. We will post a new version of them on our website.
  • If you object to any new General Terms then you must stop using our website immediately.
  • Some of the provisions contained in these General Terms may also be superseded by provisions or notices published elsewhere on our website.

Third Party Rights

A person who is not a party to this contract has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce or benefit from any term of this contract but this does not affect any right or remedy of a third party which exists, or is available, apart from that Act.

The rights of the parties to terminate, rescind or agree any variation, waiver or settlement of these terms is not subject to the consent of any person that is not a party to this contract.

Law And Jurisdiction

  • English law will apply to:

these terms;

  • any dispute or claim arising out of or in connection with these terms or their subject matter or formation (including non-contractual disputes or claims).
  • Any dispute or claim arising out of or in connection with our contract (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

Your Concerns

If you have any concerns about material which appears on our website, please contact hello@chatta.co.uk

chatta – Terms of Licence and Use This Agreement details the licence we grant you and governs your use of “chatta”. By using chatta you are agreeing either yourself or on behalf of your establishment to the terms that appear below whether you or your establishment have purchased or another party, for example only your Local Authority, is paying for the subscription.

1. You can use chatta with limited functionality for free, but for access to most of the features you will need to buy a subscription.

2. Your subscription is limited to the agreed setting (which doesn’t extend to chains, federations etc. unless specifically agreed in writing), can’t be transferred to anyone else, and can only be used on the number of devices that you’ve bought a subscription for.

3. When your subscription expires we’ll keep your data for 30 days, but after that we reserve the right to delete it.

4. You are responsible for keeping your passwords and logins secure and for using PIN codes where possible.

5. You are also responsible for keeping a record of all devices on which chatta is installed.

6. We will do our best to make sure that all the information and guidance in chatta is accurate, but this doesn’t amount to a warranty.

7. We will try to make sure that chatta is available as close to 100% of the time as we can, but we can’t be liable for any losses that result if the service is unavailable.

8. We will do everything we reasonably can to keep your data secure and we will take all reasonable steps to comply with the requirements of the Data Protection Act.

9. If you wish to make a legal claim which relates to your use of chatta, the most you will be able to recover is the amount you have paid in any given subscription period for chatta. We won’t be liable for any pure economic loss you suffer in any circumstances.

10. We have an additional Security and Privacy policy, which covers how we will use any personal information you supply us with.

11. chatta can accept no responsibility for misuse or abuse of the app by any individual.

12. chatta can accept no responsibility for “chats” created using the chatta app, and their subsequent distribution and redistribution. Schools and settings must establish and enforce their own policy on the sharing of “chats”. A sample policy is available on the chatta website.

Security

All data transmitted by you is held securely in our data centres within the European Union.

Communication with the website is encrypted.

Privacy

During normal use of the App, evidence photos and attainment data is transmitted from the app to our secure data centres.

Photographs of children should not be shared via the App, unless prior written permission has been received from the parent/carer. Refer to your setting’s policy on “Acceptable use of Electronic Communications” for further information.

This data available on the website is only to users with the generated address.

The data stored in our data centres is used for no other purpose than to provide the services available in the App and associated website (www.chatta.co.uk).

All staff using the App should be subject to their setting’s policy on “Acceptable use of Electronic Communications”.