Terms and Conditions

1.1These Terms and Conditions ("Terms"), including any amendments made from time to time, constitute the agreement between you and BRIMSAGE ("BRIMSAGE", "we", "our" or "us") governing your access to and use of the ChatFlare WhatsApp business assistant and related services.

1.2ChatFlare is a technology service that enables participating businesses to communicate with customers through WhatsApp and may assist with answering questions, taking orders, making or managing appointments and providing other automated customer-service functions.

1.3Please read these Terms carefully. By using ChatFlare or continuing a conversation with a ChatFlare-enabled business, you acknowledge that you have read and understood these Terms to the extent applicable to your use of the service.

1.4If you do not agree with these Terms, you should discontinue use of ChatFlare.

2.1In these Terms:

2.1.1"Agreement" means these Terms, together with the ChatFlare Privacy Policy and any applicable notices or additional terms presented through the Service;

2.1.2"BRIMSAGE" means BRIMSAGE, registration number 103777, incorporated or registered in the Kingdom of Lesotho, and includes its successors and permitted assigns;

2.1.3"ChatFlare" means the WhatsApp-based business assistant developed, operated or made available by BRIMSAGE;

2.1.4"Business" means a retailer, restaurant, clinic, service provider or other organisation that uses ChatFlare to communicate with its customers;

2.1.5"Customer" or "User" means an individual who interacts with a Business through ChatFlare;

2.1.6"Business Customer" means a Business that has subscribed to, uses or is authorised to use ChatFlare;

2.1.7"Services" means automated or assisted customer communication, order taking, enquiry handling, appointment booking, notifications and other services made available through ChatFlare;

2.1.8"Order" means a request submitted by a Customer to purchase goods or services from a Business through ChatFlare;

2.1.9"Appointment" means a booking or reservation requested through ChatFlare with a Business;

2.1.10"Personal Information" means information relating to an identified or identifiable individual;

2.1.11"Platform" means ChatFlare, its software, systems, APIs, databases, interfaces and related technologies;

2.1.12"WhatsApp" means the messaging service provided by Meta or its relevant affiliate;

2.1.13"Third-Party Provider" means a third party providing technology, messaging, hosting, payment, scheduling or other services connected with ChatFlare;

2.1.14"Privacy Policy" means the ChatFlare privacy policy describing how information is collected, processed, stored and disclosed;

2.1.15"Applicable Law" means any law, regulation, directive, regulatory requirement, court order or other legally binding requirement applicable to BRIMSAGE, ChatFlare, the Business or the User;

2.1.16"We", "our" and "us" means BRIMSAGE; and

2.1.17"You" or "your" means a User or Business using ChatFlare.

2.2Words importing the singular include the plural and vice versa where the context permits.

3.1BRIMSAGE provides ChatFlare as a digital customer communication and business automation platform.

3.2ChatFlare is designed to assist Businesses, including retailers, restaurants, clinics and service businesses, in communicating with Customers through WhatsApp.

3.3Depending on the Business and its configuration, ChatFlare may answer frequently asked questions, provide product or service information, receive Orders, assist with Appointment bookings, provide status information and perform other automated tasks.

3.4The Business remains responsible for the goods, services, prices, stock, operating hours, appointments, delivery, refunds, cancellations and other commercial matters relating to its business.

3.5BRIMSAGE provides the technology supporting the communication and automation service and is not the seller, restaurant, clinic, service provider or supplier of the goods or services offered by a Business.

4.1By using ChatFlare, sending a message to a ChatFlare-enabled Business or proceeding with an interaction facilitated by ChatFlare, you acknowledge these Terms to the extent applicable.

4.2The Terms and Privacy Policy may be made available through the ChatFlare Website, the relevant Business, WhatsApp conversation or other appropriate communication channel.

4.3If you do not agree with these Terms, you should stop using ChatFlare.

4.4Additional terms may apply to a particular Business, Order, Appointment, promotion, payment method or service. Where such terms are presented by the Business, they will apply to the relevant transaction.

5.1ChatFlare may be used for lawful customer-service and business communication purposes.

5.2You shall not:

5.2.1use ChatFlare for fraudulent, unlawful or abusive purposes;

5.2.2impersonate another person or Business;

5.2.3submit knowingly false or misleading information;

5.2.4attempt to gain unauthorised access to ChatFlare or its systems;

5.2.5interfere with the operation or security of the Platform;

5.2.6introduce malicious software or harmful code;

5.2.7use automated methods to abuse or overload the service; or

5.2.8use ChatFlare in a manner that violates Applicable Law or the rights of others.

6.1ChatFlare may provide automated responses based on information, instructions, content and configurations supplied by the Business and/or generated or processed by the Platform.

6.2Automated responses are intended to assist Customers and may not always reflect the most current information.

6.3Customers should confirm important information directly with the Business where appropriate, particularly information relating to prices, stock, availability, appointments, medical services, delivery, payment or cancellation.

6.4ChatFlare does not guarantee that every response will be complete, accurate, current or suitable for every circumstance.

6.5A Customer may be directed to a human representative or another communication channel where the Business has made such functionality available.

7.1Where enabled by a Business, ChatFlare may allow Customers to browse products or services and submit Orders.

7.2An Order submitted through ChatFlare is a request to the Business and does not necessarily constitute acceptance by the Business.

7.3The Business is responsible for confirming Orders and for fulfilling accepted Orders.

7.4The Business may reject or modify an Order where, for example, a product is unavailable, a service is unavailable, information is incomplete, a price has changed or another legitimate business reason applies.

7.5The Customer is responsible for reviewing the Order details before confirming submission.

7.6Any payment, delivery, refund or cancellation terms applicable to an Order are determined by the Business or relevant payment provider.

8.1Where enabled, ChatFlare may allow Customers to request or book Appointments.

8.2Appointment availability is determined by the Business and may change without notice.

8.3A booking is only confirmed where the Business or ChatFlare expressly indicates that the Appointment has been confirmed.

8.4Customers are responsible for providing accurate booking information and attending appointments at the confirmed time.

8.5The Business is responsible for its Appointment availability, cancellation policies, waiting times and provision of the relevant service.

9.1Businesses are responsible for the accuracy and lawfulness of information they provide for use through ChatFlare.

9.2This may include product descriptions, prices, menus, opening hours, locations, appointment availability, contact information, promotions and policies.

9.3BRIMSAGE does not independently verify all information supplied by Businesses.

9.4Any dispute concerning the quality, price, availability, delivery, performance or fulfilment of a Business product or service should be directed to the relevant Business.

10.1Where ChatFlare supports payment functionality or directs Customers to a payment provider, payments may be processed by the Business or a Third-Party Provider.

10.2BRIMSAGE does not, unless expressly stated otherwise, hold customer funds or act as the merchant of record for a Business.

10.3Payment terms, accepted payment methods, charges, refunds and payment disputes may be governed by the Business and/or the relevant payment provider.

10.4Customers should verify payment details before making a payment.

11.1ChatFlare may operate through WhatsApp and other Third-Party Providers.

11.2Your use of WhatsApp is also subject to WhatsApp’s applicable terms and policies.

11.3BRIMSAGE does not control third-party platforms and cannot guarantee their continuous availability or functionality.

11.4Third-party outages, restrictions, policy changes or technical failures may affect ChatFlare.

12.1ChatFlare may process information supplied during conversations, including names, telephone numbers, Orders, Appointment details, enquiries, preferences and other information necessary to provide the Service.

12.2Personal Information will be processed in accordance with Applicable Law and the ChatFlare Privacy Policy.

12.3Information may be shared with the relevant Business because the Business is the party with which the Customer is communicating and/or transacting.

12.4Information may also be processed by authorised technology and service providers where reasonably necessary to operate ChatFlare.

12.5Customers should avoid sending unnecessary sensitive information through ChatFlare unless specifically requested through an appropriate and secure process.

13.1Where ChatFlare is used by a clinic or healthcare-related Business, the Service may receive information relating to appointments or healthcare enquiries.

13.2ChatFlare is not intended to replace professional medical advice, diagnosis, treatment or emergency medical services.

13.3Customers must not rely on an automated ChatFlare response as a substitute for advice from a qualified healthcare professional.

13.4In an emergency, Customers should contact the appropriate emergency or healthcare service directly.

13.5Clinics remain responsible for their professional, clinical, regulatory and patient-care obligations.

14.1BRIMSAGE will implement reasonable technical and organisational measures designed to protect information processed through ChatFlare.

14.2No electronic system, messaging service or internet transmission can be guaranteed to be completely secure.

14.3Customers are responsible for protecting access to their WhatsApp account, telephone, device and other credentials.

15.1Information may be retained for as long as reasonably necessary to provide the Services, comply with legal and contractual obligations, maintain records, resolve disputes, prevent fraud or establish, exercise or defend legal claims.

15.2When information is no longer required and there is no lawful reason for continued retention, it may be deleted, destroyed or anonymised in accordance with Applicable Law.

16.1ChatFlare infrastructure, hosting providers, messaging providers or other Third-Party Providers may operate outside the Kingdom of Lesotho.

16.2Where information is transferred, stored or processed outside Lesotho, BRIMSAGE will seek to ensure that such processing complies with Applicable Law.

17.1All intellectual property rights in ChatFlare, including software, technology, systems, designs, interfaces, documentation and underlying processes, belong to BRIMSAGE or its licensors.

17.2Nothing in these Terms transfers ownership of ChatFlare intellectual property to you or a Business.

17.3Businesses retain ownership of their own content, branding, product information and other materials supplied to ChatFlare, subject to the rights necessary for BRIMSAGE to operate the Service.

18.1A Business grants BRIMSAGE a non-exclusive, limited licence to host, reproduce, process, display and transmit Business content solely as reasonably necessary to provide and improve ChatFlare.

18.2BRIMSAGE shall not acquire ownership of Business content merely by providing the Service.

18.3A Business must ensure that it has the rights and permissions necessary to provide content for use through ChatFlare.

19.1BRIMSAGE will use reasonable efforts to maintain the availability and functionality of ChatFlare.

19.2ChatFlare may be unavailable due to maintenance, upgrades, telecommunications failures, WhatsApp or Third-Party Provider interruptions, cybersecurity incidents, power interruptions or circumstances beyond BRIMSAGE’s reasonable control.

19.3BRIMSAGE does not guarantee uninterrupted, error-free or continuous operation of ChatFlare.

20.1ChatFlare may use automated or artificial intelligence technologies to interpret messages, generate responses, classify requests or assist with business processes.

20.2Automated outputs may contain errors, omissions or outdated information.

20.3Users and Businesses should exercise appropriate judgment and verify material information before relying on an automated response.

20.4A Business remains responsible for reviewing and correcting information that it makes available through ChatFlare.

20.5BRIMSAGE does not represent that every automated response will be suitable for every customer, transaction or circumstance.

21.1BRIMSAGE may suspend or restrict access to ChatFlare where reasonably necessary to protect the Platform, investigate suspected misuse, comply with Applicable Law, address security concerns or protect BRIMSAGE, a Business or Users.

21.2A Business may terminate its use of ChatFlare in accordance with its applicable commercial agreement with BRIMSAGE.

21.3Termination shall not prevent BRIMSAGE from retaining information where retention is required or permitted by law.

22.1To the extent permitted by Applicable Law, BRIMSAGE shall not be liable for loss or damage arising solely from:

22.1.1inaccurate information supplied by a Business or Customer;

22.1.2a Business’s failure to fulfil an Order or Appointment;

22.1.3product or service quality supplied by a Business;

22.1.4price, stock or availability information supplied by a Business;

22.1.5WhatsApp or other Third-Party Provider failures;

22.1.6internet or telecommunications failures;

22.1.7unauthorised access to a Customer’s own device or WhatsApp account; or

22.1.8circumstances beyond BRIMSAGE’s reasonable control.

22.2Nothing in these Terms excludes or limits liability to the extent that such exclusion or limitation is prohibited by Applicable Law.

23.1To the extent permitted by law, a Business shall indemnify and hold BRIMSAGE harmless against claims, losses, costs and liabilities arising directly from the Business’s unlawful use of ChatFlare, breach of these Terms, infringement of third-party rights, inaccurate business information or failure to fulfil its own commercial obligations.

23.2A Customer shall indemnify BRIMSAGE, to the extent permitted by law, against claims arising directly from the Customer’s fraudulent or unlawful use of ChatFlare or material breach of these Terms.

23.3This clause shall not apply to the extent that the relevant loss arises from BRIMSAGE’s own unlawful conduct or negligence where liability cannot lawfully be excluded.

24.1Complaints concerning a Business’s goods, services, prices, Orders, Appointments, refunds or fulfilment should first be directed to the relevant Business.

24.2Complaints concerning the operation of ChatFlare may be submitted to BRIMSAGE through the contact details published on the ChatFlare Website.

24.3BRIMSAGE will take reasonable measures within its means to investigate complaints relating to the ChatFlare Platform.

24.4Where a dispute cannot be resolved through the applicable complaints process, the parties may agree to mediation, arbitration or referral to a competent court in accordance with Applicable Law.

25.1These Terms shall be governed by and construed in accordance with the laws of the Kingdom of Lesotho, unless Applicable Law requires otherwise.

25.2Subject to any mandatory dispute resolution requirements, the competent courts of Lesotho shall have jurisdiction over disputes arising out of or in connection with these Terms.

26.1Notices relating to ChatFlare may be communicated through the Website, WhatsApp, email, SMS, electronic notification or another reasonable communication method.

26.2Businesses are responsible for maintaining accurate contact information necessary for administration of their ChatFlare account.

26.3Customers should use the communication channels provided by the relevant Business or BRIMSAGE for support and complaints, as applicable.

27.1Businesses remain responsible for complying with laws and regulatory requirements applicable to their particular industry and operations.

27.2This may include consumer protection, data protection, advertising, taxation, healthcare, financial services, electronic communications, licensing and other applicable requirements.

27.3ChatFlare is a technology and communication tool and does not replace the Business’s legal, professional or regulatory obligations.

28.1These Terms must be read together with the ChatFlare Privacy Policy.

28.2The Privacy Policy explains how BRIMSAGE collects, uses, processes, stores, protects and discloses Personal Information.

28.3Where a Business has its own privacy notice, Customers should also review that notice because the Business may independently process Personal Information in connection with its goods or services.

By using ChatFlare, you acknowledge that:

29.1ChatFlare is a technology-enabled customer communication service;

29.2automated responses may contain errors and should be verified where material;

29.3the Business is responsible for its products, services, Orders, Appointments, prices and fulfilment;

29.4your communications and transaction information may be processed for purposes of providing the Service;

29.5WhatsApp and other third-party services may have their own terms and privacy policies; and

29.6you have read and understood these Terms and the ChatFlare Privacy Policy to the extent applicable.

By subscribing to or using ChatFlare, a Business acknowledges that:

30.1it is responsible for the accuracy and lawfulness of information supplied to ChatFlare;

30.2it is responsible for its products, services, pricing, stock, operating hours, Orders, Appointments, refunds and customer fulfilment;

30.3it will comply with Applicable Law relevant to its business;

30.4it has the necessary rights to provide its content, branding and business information to BRIMSAGE for use in ChatFlare;

30.5it will not use ChatFlare for unlawful, fraudulent or abusive purposes; and

30.6it will promptly correct materially inaccurate information made available through ChatFlare.

Company

BRIMSAGE

Company Registration Number

103777

Country

Kingdom of Lesotho

Registered Address

Naledi Ha Phaila

Website

https://brimsage.co.ls/chatflare

Email

info@brimsage.co.ls

Telephone

63895601

Customer Support

63895601

32.1These Terms, together with the ChatFlare Privacy Policy and any applicable additional terms, constitute the agreement concerning your use of ChatFlare.

32.2No failure or delay in exercising a right under these Terms shall constitute a waiver of that right.

32.3If any provision is found invalid or unenforceable, the remaining provisions shall continue in force.

32.4BRIMSAGE may amend these Terms from time to time. Updated Terms will be published through appropriate channels.

32.5A Business may not assign its rights or obligations under its ChatFlare agreement without the required consent, while BRIMSAGE may assign or transfer its rights and obligations subject to Applicable Law.

32.6Nothing in these Terms creates a partnership, joint venture, employment relationship or agency relationship between BRIMSAGE and a Customer or Business.

32.7Nothing in these Terms excludes or limits any statutory right or protection that cannot lawfully be excluded or limited.