These Terms govern
in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.
Chotayah is provided by:
Kemp House, 160 City Road
United Kingdom, EC1V 2NX
Owner contact email: email@example.com
General terms and conditions for Services provided by CHOTAYAH MATCH Matchmaking
1. Scope and Application of General Terms and Conditions
Chotayah Match offers its services in connection with
a. Matchmaking services that include recommendation of potential partners for a long-term committed relationship (“Matchmaking”) during a limited period of time.
b. Coordination of dates, events and reservations through our event planning and concierge services („Concierge“).
c. Various consulting services, which may include but are not limited to image consulting, mock dates, date preparation, extensive date feedback sessions and Dating and Relationship Coaching (“Consulting” or “Coaching”).
These general terms and conditions (“General Conditions”) govern all services provided by CHOTAYAH MATCH. They form part of any matchmaking or coaching contract and automatically come into force upon entering into such contract. They remain in force during the full duration of the matchmaking or coaching membership, and they may only be supplemented or amended by means of an express written agreement between CHOTAYAH MATCH and CHOTAYAH MATCH’s client (“Client”).
Services refer to (i) all instructions given to and accepted by CHOTAYAH MATCH regarding (ii) the presentation of potential partners by CHOTAYAH MATCH to the Client through Matchmaking services, Matchmaking brokerage services and (ii) any Concierge and Consulting services expressly requested by the Client and (iii) Coaching services for the Client.
CHOTAYAH MATCH and the Client (“Parties”) will agree on the specific conditions of the matchmaking or coaching assignment by individual written agreement (“Membership Agreement”) of which these General Terms form an integral part. In the event of conflicting provisions, the terms and conditions agreed upon in the Membership Agreement shall prevail.
It is understood between the Parties that the present General Conditions do not give the Client any exclusive rights, and that CHOTAYAH MATCH is, at all times, free to provide its services to any other client(s).
Your use of our services is solely at your own risk and we do not accept any liability for loss, damage, claim or expense, whether direct or indirect and however caused, arising out of your membership and/or your use of our services or based upon the reliance of information provided by us. All warranties in respect to our services and/or information, whether expressed or implied are excluded.
All relations with CHOTAYAH MATCH are strictly confidential. The Client must treat all information obtained both during and after the end of the contractual relationship which was required for the execution of the services and which relates to CHOTAYAH MATCH, its staff and/or members, as confidential and must not pass it on to any unauthorised third parties unless required by Swiss law. In particular, the Client is obliged to treat personal data of members in compliance with Swiss data protection law and European GDPR. You must not discuss or show any personal details of other members that have been supplied to you, to any other members or non-members at any time during or after your membership.
You consent that Chotayah will communicate and update you of your matchmaking process via your supplied email, social media links and phone numbers using sms or phone calls.
As our contractual agreement is with you, we will not discuss your membership details with others without your expressed and written permission. You agree not to disclose any details related to your membership experience, the identity or personal information of other paying or non-paying members introduced to you, or partnership matchmaking agencies utilized for your particular search to anyone, including the media and will not share it anywhere online or on any website, blog, social media site or publically accessible channel, without the explicit permission of CHOTAYAH MATCH and of the other party(s) concerned.
CHOTAYAH MATCH imposes written obligations of confidentiality to all members (paying and non-paying) and will exercise its right to terminate membership agreements for any breach in confidentiality however CHOTAYAH MATCH is not bound to take legal action in order to enforce these obligations. Should you decide to pursue legal action independent of CHOTAYAH MATCH, you are requested to inform CHOTAYAH MATCH of the details relating to the breach immediately.
Should you choose to attend any CHOTAYAH MATCH coordinated event, or event in collaboration with CHOTAYAH MATCH, you agree that we and our successors have non-exclusive, royalty free and perpetual license to use, distribute, display and reproduce any photographs and images created from such events. Should you wish to withdraw this right, please provide instructions in writing. A template for the withdrawal of photography rights can be found on our website.
2.1 Pricing Policy
While CHOTAYAH MATCH does offer standardised membership packages, these are individually designed and tailored to fit each individual Client’s unique personal needs and circumstances. Individual costs and deliverables are set out by individual agreement in your “Membership Agreement”.
Additional services such as concierge services are charged on an hourly basis, and specific consulting services are priced on an individual basis.
3.1 Services provided by CHOTAYAH MATCH
Together with the Client, CHOTAYAH MATCH determines the relevant needs of the Client and develops on this basis a coaching plan and time schedule together with the Client.
You recognise that coaching is not professional medical health care or medical care and that the use of coaching services are not intended to be a substitute for medical or mental health treatment. CHOTAYAH MATCH does not provide medical health care, psychotherapy or counselling nor do we attempt to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental, emotional issue, disease or condition.
You agree that you will not disregard or discontinue any professional medical advice or delay seeking medical advice or treatment as a result of information, teaching, education, advice or suggestions provided by CHOTAYAH MATCH.
You understand and agree to take full liability and to accept full responsibility for your well-being during the coaching process and for any outcomes, consequences and repercussions resulting from choices and decisions made as a result of the coaching process.
3.2 Coaching Methods
You acknowledge that the coaching sessions may be personally, emotionally and physically challenging and that there may be occasions when you feel strong emotions such as sadness, frustration, annoyance and stress as a result of topics discussed. You agree to make all efforts and adjustments to your schedule to ensure you are at your peak physical, mental and emotional state and condition necessary for the conduct of the Session and if necessary will take the steps required to cancel or reschedule a Session in the event that you are not well enough to actively participate.
You will not hold CHOTAYAH MATCH or any of it’s Coaches liable for any loss or cost incurred by you (or any person related to you) in the event of mental, physical, emotional stress or distress (or any other ailment or condition) caused either directly or indirectly in relation to the Coaching Session. You shall indemnify CHOTAYAH MATCH and it’s Coaches in the event of any such claim.
3.3 Delivery of Sessions
Sessions may be carried out over the phone, video conferencing (Zoom, Skype, Whatsapp or similar) or in person at a mutually agreed place and time during the duration of the agreement.
3.4 Duration of Sessions
Sessions typically take place on a weekly basis and last 50-60 minutes. You must be on time for your session, whether these take place in person, on video conference or over the phone. Failure to be on time for a session will result in a shortened session duration or cancellation.
In order to reschedule a session at no cost, you must give a minimum of 48 hours notice. Sessions cancelled less that 48 hours in advance will be charged at 100% of the cost. If you cancel more than three sessions during the period of the agreement, CHOTAYAH MATCH reserves the right to terminate the Coaching Agreement on notice to you in accordance with the provisions of termination.
If CHOTAYAH MATCH is required to cancel a Session, then the Session will be rescheduled at a mutually agreeable time.
3.5 Engagement of Coach
CHOTAYAH MATCH agrees to provide Coaching to you during the duration of the agreement at the mutually agreed times and places. The Coaches of CHOTAYAH MATCH will use their best endeavours to remain available during the duration of the Coaching Agreement. It may however be at the discretion of the primary Coach to refer you to another Coach within CHOTAYAH MATCH or a certified Psychologist or Therapist either within CHOTAYAH MATCH or externally as deemed necessary. You will of course be given the opportunity to meet and agree with the alternative Coach or Therapist should the situation arise.
3.6 Coach Training and Certification
CHOTAYAH MATCH ensures that all Coaches have obtained dedicated Coaching Certification. For details on qualifications and experience please speak to your individual Coach directly.
3.7 No Warranties
Coaching is an individualized process requiring engagement, dedication and commitment from the individual Client. CHOTAYAH MATCH therefore makes no representation or warranty to you that any of the Coaching methods and techniques will work for your particular circumstances. You will therefore not hold CHOTAYAH MATCH responsible for failure (in whole or part) to achieve any of your goals. CHOTAYAH MATCH will not be held responsible for any errors or omissions, and does not accept liability whatsoever for any loss or damage you may incur.
3.8 Intellectual Property Rights
You have no right to use, reproduce or distribute any of the presentations, processes, techniques, tools, methodologies, precedents and materials used by CHOTAYAH MATCH and it’s Coaches during the Coaching Sessions (“Materials”). You must not at any time use or reproduce any Materials in any manner, shape or form, without the explicit and written consent of CHOTAYAH MATCH. The exception is your own personal use as required to carry out the Coaching process.
4.1 Conduct Requirements
As a Client of CHOTAYAH MATCH, you accept that we cannot be responsible for your interactions with others or for the conduct and interactions of those members we introduce to you.
You agree to take very seriously your conduct while working with CHOTAYAH MATCH and not to undertake any of the following, and understand that should you break one of these codes of conduct, we may be required to take action which is including but not limited to the termination of your membership at our sole discretion without refund.
i) Harass or cause a nuisance, inconvenience, distress, fear, anxiety or physical harm to any person we introduce you to or an employee or agent of CHOTAYAH MATCH
ii) Act in an abusive, rude, threatening, obscene, harassing, offensive, sexist, discriminatory or racist manner towards any member we introduce you to or a member of the CHOTAYAH MATCH staff or it’s agents
iii) Violate the private rights of any CHOTAYAH MATCH member, an employee or agent of the company, including but not limited to forwarding, distributing and displaying e-mails, social media communication, recorded video chats, Whatsapp messages, photos, personal data or profiles. You must not make any disparaging statements, either verbally or in writing, about CHOTAYAH MATCH or any member to any third party.
iv) Promote or appear to be promoting your own products or services to any member or employee of CHOTAYAH MATCH or agents of the company
v) Impersonate another person, provide us with false identification or records in an attempt to mislead any member of the CHOTAYAH MATCH staff
vi) Provide us with any photograph or materials to which a third party is the owner of the rights to that material, and of which you have not received and provided to us their written permission for the use of such photographs or material
vii) Do anything which restricts or inhibits anyone else’s use or enjoyment of the CHOTAYAH MATCH services or do anything, which prejudices or damages the reputation (deliberately or recklessly) of the company or any subsidiary of the company, or member introduced to you.
4.2 Code of Ethics
CHOTAYAH MATCH warrants that all Matchmakers have gone through mandatory Matchmaking Certification.
Membership with CHOTAYAH MATCH is conditional upon being at least 21 years of age, single, looking for a committed, long-term relationship, being free of criminal convictions and not living at the same address as a current or past partner. All information provided by you must be truthful and honest, including but not limited to information related to your current life situation and personal circumstances. Lastly you must not be associated with any other introduction agency, either personally or professionally as an employee. You must immediately inform CHOTAYAH MATCH if you are employed by another introduction or Matchmaking agency.
While CHOTAYAH MATCH does make every effort to vet and verify the identity and information provided by it’s members, we accept personal information in good faith. We realize that information may only be accurate at the time requested. We respect the Member’s privacy and do not conduct any intrusive background checks or operate outside the limitations of data protection laws. For this reason, we strongly advise all Clients to verify the personal claims and identity of members independently of CHOTAYAH MATCH. We can therefore make no representation or accept any liability for the validity of information provided to us by our members, including but not limited to their marital status, criminal status, mental state or financial status.
As we are unable to carry out detailed criminal and financial background checks, you should always take sensible precautions when interacting and meeting with someone. If so requested, CHOTAYAH MATCH will provide a recommendation and/or quotation for private investigator or background check services for an additional cost.
4.4 Matchmaking Process
Your matchmaking membership will commence when we have obtained all the necessary documentation and payment from you.
Relationship coaching, dating preparation, mock dates, may be included as part of your Membership Agreement. In such cases, it is your responsibility to request these associated services be organized at a convenient time and location during your membership service.
Throughout the matchmaking process, we will send you introductions on a consecutive basis, one at a time. The total number of introductions you will receive will depend on your individualised Membership Agreement. The number of recommendations we can offer you is dependent upon your own characteristics and upon how narrow or otherwise your partner preferences are. You accept that having a large number of partner requirements, and more restrictive partner preferences, will limit the number of introductions we can offer you and we cannot accept any responsibility for the outcomes of the introductions.
We guarantee to provide you with at least the number of introductions as specified in your Membership Agreement, if so specified, and if so required in your search for a partner. You are not obligated to accept the full number of introductions as specified in your Membership Agreement should you enter into a relationship and wish to terminate your Agreement early. This guarantee is subject to there being no significant changes in your circumstances or partner preferences that is likely to make the matchmaking significantly more difficult or unlikely.
We reserve the right and absolute discretion to recommend members to you who we consider would be acceptable to you, notwithstanding that we recognise that prospective partners will only ever meet your specific partner preferences to a degree. It has been proven that many successful relationships develop between individuals meeting 70-80% of the defined criteria for a potential partner.
If you enter into a relationship during the course of your Membership, you may have the right to put your Membership on hold as outlined in 4.10 of this agreement as well as detailed in your Membership Agreement. As a courtesy to all members, we will not offer you a further introduction as long as both parties agree to continue dating. It is your responsibility to inform us when you are again free to receive another recommendation.
For clarification, periods of < 30 days do not constitute a membership hold.
4.5 Matchmaking Advertising and/or Headhunting
Should your Matchmaking require advertising, you agree that we are entitled to share/disseminate agreed information about you solely for the purposes of advertising for prospective partners for you. You will have the opportunity to approve any advertising materials prior to distribution.
4.6 Matchmaking Brokerage
In addition to personalised one-on-one Matchmaking, CHOTAYAH MATCH operates a matchmaking brokerage service. Introductions may therefore be obtained through our network of professionally qualified matchmaking agencies located throughout United Kingdom and around the globe. You agree that we can share your approved profile and relevant personal information with other dating and matchmaking agencies as needed on a strictly confidential basis. All potential introductions received by our network of partners will still go through the same rigorous and detailed interviewing and background checking process CHOTAYAH MATCH is recognised for.
In the case that CHOTAYAH MATCH believes you would be better served directly by one of our partner agencies, we would remain your primary point of contact and will support the process of working with the other agency.
In such instances where you have expressly indicated a partner characteristic, which you deem to be unacceptable, a so-called “deal-breaker”, and CHOTAYAH MATCH was aware of this characteristic but has not disclosed this deal-breaker to you prior to a date, should you discover this deal-break and inform us during the feedback call after the date, the introduction will not count towards your total number of introductions.
If however CHOTAYAH MATCH was not aware of the deal-breaker exhibited by the member, or the deal-breaker was disclosed, and you expressly agreed to go on the date despite this characteristic, you wave the right to reject the introduction and have it count towards your agreed number of introductions.
4.8 Termination of Contracts
Your contract with CHOTAYAH MATCH will commence on the date payment in full is received unless you are on a free package then it starts once you sign up.
Coaching and Matchmaking Agreements may be terminated by either Party at any time with immediate effect. In accordance with the payment schedule, you may be entitled to a refund of your Coaching and/or Matchmaking membership fee, if you meet all of the criteria
i) you terminate within 2 weeks of payment
ii) and no services has been provided – these include your identity verification and confirmation, account creation, match suggestions, introductions, dating, concierge, events, therapy, coaching or consultation meetings.
If any services at all have commenced, there will be no refund.
CHOTAYAH MATCH reserves the right to terminate your Membership Agreement without a refund (in part or in full) in the following circumstances where:
· You have breached one of the terms and conditions
· You are employed by, or associated with another Introduction or Matchmaking agency
· You have provided false information to us
· We have received a serious complaint about you from one of our members and under the sole discretion of the CEO or Managing Director is deemed justified
· You have failed to maintain contact with us or have not responded to our attempts to contact you for a period exceeding 6 months
· Your personal circumstances and partner preferences have changed to such an extent that they significantly and adversely affect our ability to provide the agreed services to you. This would include, but is not limited to, a change in sexual orientation, the acquisition of a criminal charge or relocation to another country.
Relationship Success: For the avoidance of any doubt, you will not be entitled to a refund of your membership fee in the event that you enter into a lasting relationship before the expiry of your membership with us. Upon entering into a relationship you have the opportunity to put your membership temporarily on hold in accordance with the terms as outlined in section 4.10 and detailed in your Membership Agreement, and to reactivate your membership services within the agreed hold period.
4.9 Refund Payment
If entitled to a refund, CHOTAYAH MATCH will reimburse you without delay, and no later than 30 days after receipt of your decision to cancel the contract. We will make the refund using the same means of payment used for the initial transaction unless you have expressly agreed otherwise. All charges and fees incurred for the reimbursement will be borne by the Client unless CHOTAYAH MATCH terminated the Agreement for reasons not listed above.
4.10 Membership Hold
Under specific circumstances you have the right to temporarily put your Membership on hold. It is at the company’s sole discretion to place your membership on hold for a maximum of 3 months from the date of notification under the following circumstances:
· You have experienced the onset or exacerbation of a serious medical condition
· You have suffered a serious injury
· You have experienced the death of a loved one living in the same home as you
Under the circumstances that you enter into a relationship prior to the expiration of your Membership Agreement, you may place your membership on hold based on the specific terms as detailed in your Membership agreement. Hold periods are for a minimum of 1 month, and a maximum of 3 months in duration. It is your responsibility to inform us should you wish to reactivate your membership services.
If there is a situation that CHOTAYAH MATCH needs to investigate some aspect of your membership, i.e. a complaint from an employee or member, your service may also need to temporarily be suspended. If you are charged with a criminal offence your membership will be suspended, awaiting outcome of any potential prosecution.
5.1 Business hours
In general our office hours are Monday to Friday from 09:00 to 17:00 CET. Client questions will be answered and support will be provided during office hours and only in exceptional cases outside these hours. CHOTAYAH MATCH reserves the right to terminate the Membership Agreement on notice to you in accordance with the provisions of termination should you fail to respect the working hours such as through excessive texting and repeated telephone calls on evenings and weekends.
If you have any questions or complaints about our services, please contact us directly. You can do so by calling us during regular business hours Monday to Friday on +447555154241, or in writing to firstname.lastname@example.org
5.3 Conflict of Interest
CHOTAYAH MATCH represents that it has advised the Client in writing prior to the date of signing this contract of any relationship of CHOTAYAH MATCH or it’s employees which would present a conflict of interest with the services rendered, or which would prevent CHOTAYAH MATCH from carrying out the terms of this contract or which would present a significant opportunity for the disclosure of confidential or personal information. CHOTAYAH MATCH will advise the Client of any such relationships that arise during the term of this contract. The Client will then have the option to terminate this contract forthwith without further liability to CHOTAYAH MATCH, except to pay for services actually rendered by the point of time of such notice.
5.4 Exclusion of CHOTAYAH MATCH’s Liability
The Parties agree that CHOTAYAH MATCH shall not be liable for any damage sustained by the Client deriving from any of the company’s employees or agent’s acts and/or omissions damaging the Client, including but not limited to any of the Client’s immovable or movable property, such as fixtures, material or machines.
5.5 Exclusion of Warranties and/or Guarantees
Your success and results achieved either through the matchmaking and/or coaching process depend primarily on your own effort, motivation, commitment and follow-through as well as specific interpersonal connections between yourself and those introduced to you. CHOTAYAH MATCH cannot predict and does not guarantee any specific outcome or result which you can expect from using the Coaching and/or Matchmaking services of CHOTAYAH MATCH.
While CHOTAYAH MATCH will guarantee the delivery of a specific number of introductions as outlined in your membership agreement, there is no guarantee that one of these introductions will result in a long term committed relationship.
5.6 Reimbursement of Expenses
Any extraordinary expenses incurred by CHOTAYAH MATCH in connection with its services provided to the Client will be reimbursed by the Client on presentation of the relevant receipts. This includes but is not limited to any costs invoiced by third parties, such as additional background checks, third party Coaches or Therapists, and third party Consultancy Services, Concierge services, event tickets or pre-paid date expenses, and extensive travel to the Client or member(s) as requested by the Client.
All travel costs, out-of-pocket expenses and other expenses incurred by CHOTAYAH MATCH employees in connection with Coaching and Matchmaking Agreements and paid by CHOTAYAH MATCH, shall be reimbursed to CHOTAYAH MATCH at cost plus a 5% administrative fee, plus applicable VAT, upon presentation of the original receipts to the Client.
5.7 Payment Term and VAT
The price payable for services provided by CHOTAYAH MATCH will be outlined in your Membership Agreement. Services will commence upon receipt of payment. We accept no liability for services, which are delayed as a result of your payment not being received, or being only partially received.
All services provided by CHOTAYAH MATCH are subject to Value Added Tax Therefore, the applicable rate of VAT will be added to all amounts invoiced by CHOTAYAH MATCH, including invoices to clients located outside of United Kingdom, and the Client shall be obliged to pay in addition to all invoiced amounts the relevant VAT.
All invoices are payable in full upon receipt, without any deductions to be made. If CHOTAYAH MATCH does not obtain full payment for the services from you, we reserve the right to refuse the delivery of services and/or suspend services until payment is made. This does not affect any other rights of CHOTAYAH MATCH.
"Chotayah" refers to
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
By using Chotayah, Users confirm to meet the following requirements:
To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner.
Failure to do so will cause unavailability of the Service.
Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by Chotayah.
By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.
Registration of User accounts on Chotayah is subject to the conditions outlined below. By registering, Users agree to meet such conditions.
Users can terminate their account and stop using the Service at any time by doing the following:
However, termination of the account will not be possible until the subscription period paid for by the User has expired.
The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.
The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
Unless where otherwise specified or clearly recognizable, all content available on Chotayah is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on Chotayah infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
The Owner holds and reserves all intellectual property rights for any such content.
Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on Chotayah, nor allow any third party to do so through the User or their device, even without the User's knowledge.
Where explicitly stated on Chotayah, the User may download, copy and/or share some content available through Chotayah for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
The Owner allows Users to upload, share or provide their own content to Chotayah.
By providing content to Chotayah, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.
Further insights regarding acceptable content can be found inside the section of these Terms which detail the acceptable uses.
Users acknowledge and accept that by providing their own content on Chotayah they grant the Owner a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of Chotayah as contractually required.
To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to Chotayah.
Users acknowledge, accept and confirm that all content they provide through Chotayah is provided subject to the same general conditions set forth for content on Chotayah.
Users are solely liable for any content they upload, post, share, or provide through Chotayah. Users acknowledge and accept that the Owner does not filter or moderate such content.
However, the Owner reserves the right to remove, delete, block or rectify such content at its own discretion and to, without prior notice, deny the uploading User access to Chotayah:
The removal, deletion, blocking or rectification of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.
Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through Chotayah.
Content that Users provide to Chotayah is made available according to the criteria outlined within this section.
Private content provided by Users shall stay private and will not be shared with any third parties or accessed by the Owner without the User’s explicit consent.
Content meant to be made available to specific audiences may only be shared with such third parties as determined by Users.
No personal data, identifier or any other information related to Users (such as a User-ID, avatar or nickname etc.) shall appear in connection with the content, unless Users decide otherwise on their own initiative.
Users may (and are encouraged to) check on Chotayah to find details of who can access the content they provide.
Through Chotayah Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
In particular, on Chotayah Users may see advertisements provided by third parties. The Owner does not control or moderate the advertisements displayed via Chotayah. If Users click on any such advertisement, they will be interacting with any third party responsible for that advertisement.
The Owner is not responsible for any matters resulting from such interaction with third parties, such as anything resulting from visiting third-party websites or using third-party content.
Chotayah and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of Chotayah and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including denying Users access to Chotayah or the Service, terminating contracts, reporting any misconduct performed through Chotayah or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users are suspected to be in violation of any laws, regulations, third-party rights and/or these Terms, including, but not limited to, by engaging in any of the following activities:
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand — including but not limited to lawyer's fees and costs — made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.
Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).
This does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as Chotayah has been appropriately and correctly used by the User.
Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.
In particular, within the limits stated above, the Owner shall not be liable for:
Chotayah is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.
The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.
Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.
To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of Chotayah and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to Chotayah are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with Chotayah are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User for the future.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.
Any change of these Terms shall be communicated in writing no later than one month prior to becoming effective. Should Consumers not accept the modified Terms, they shall have the right to terminate the Agreement without any penalty nor right to claim compensation up to four months following the day on which the modified Terms have become effective.
If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
All communications relating to the use of Chotayah must be sent using the contact information stated in this document.
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.
The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.
This Agreement shall continue in effect until it is terminated by either Chotayah or the User. Upon termination, the provisions contained in these Terms that by their context are intended to survive termination or expiration will survive, including but not limited to the following:
The property that enables the provision of the Service.
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.
Indicates the natural person(s) or legal entity that provides Chotayah and/or the Service to Users.
The service provided by Chotayah as described in these Terms and on Chotayah.
All provisions applicable to the use of Chotayah and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.
Indicates any natural person or legal entity using Chotayah.
Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession.