Last updated August 9, 2014

Please read these terms of use and the Privacy Policy carefully (“Terms”). These Terms govern and apply to your access and use of http://www.chekk.me and other websites operated by Chekk Limited (“Chekk”, “we” or “us”) on which a link to these Terms is posted (“Site”) and Chekk’ mobile apps in which these Terms are posted, including without limitation the mobile apps named “Chekk” (collectively, “Apps”), as well as Chekk’s personal data store, social networking, messaging and aggregation services available via the Apps (together with the Site and the Apps, collectively, the “Service”).

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE CHEKK APPLICATION, SITE, OR SERVICES, BY DOWNLOADING THE CHEKK APPLICATION TO ANY DEVICE OR POSTING OR ACCESSING ANY CONTENT ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR CHEKK CONTENT.

Modification

Chekk reserves the right, in its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms of Use, at any time and without prior notice. If we modify these Terms of Use, we will post the modification on the Site or within the Chekk Application or otherwise provide you with notice of the modification. The date of most recent revision shall be noted at the beginning of these Terms of Use. By continuing to access or use the Site or Services (including any Chekk Application) after we have posted a modification to these Terms of Use or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Services. Notwithstanding the preceding sentences of this paragraph, no revisions to these Terms of Use will apply to any dispute between you and Chekk that arose prior to the date of such revision. These Terms of Use may only be modified in writing as set forth in this paragraph, and may not be modified orally.

Payment

Access to the Service, or to certain features of the Service, may require you to pay fees to a Service Provider. If you have any questions or issues with such payments, please contact the applicable Service Provider.

Privacy

Chekk privacy policy is very simple: you are in control. We take your privacy very seriously and enable you to decide what data and information you want to share with other people and companies. You can trust Chekk with your online accounts credentials (mails, social networks, etc.) and access to your online and device data and contacts. Chekk will not spam your contacts and friends, both within and outside of Chekk.

Registration and Account Security

In order to access and use Chekk, you will need to register and create an account (your “Account”). By creating an Account, you represent that you are of legal age to form a binding contract, have not previously been suspended or removed from the Service and are not a person barred from receiving the Service under the laws of the United States or other applicable jurisdiction. When creating an Account, you will be required to provide your email address in order to verify your Account by typing the confirmation code provided in the confirmation email that you will receive. Chekk users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

  • You will not provide any false personal information on Chekk, or create an account for anyone other than yourself without permission.
  • You will not create more than one personal account.
  • If we disable your account, you will not create another one without our permission.
  • You will not use Chekk if you are under 12.
  • You will not use Chekk if you are a convicted sex offender.
  • You will keep your contact information accurate and up-to-date.
  • You will not share your password and PIN number, let anyone else access your account, or do anything else that might jeopardize the security of your account.
  • You will not transfer your account to anyone without first getting our written permission.

Protecting Other People’s Rights

We respect other people’s rights, and expect you to do the same.

  • You will not post content or take any action on Chekk that infringes or violates someone else’s rights or otherwise violates the law.
  • We can remove any content or information you post on Chekk if we believe that it violates this Statement or our policies.
  • If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
  • If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
  • You will not use our copyrights or trademarks (including Chekk), or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
  • If you collect information from users, you will: obtain their consent, make it clear you (and not Chekk) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
  • You will not post anyone’s identification documents or sensitive financial information on Chekk.

Content Submissions

Our Service allows you and other users to post, link, store, share and otherwise make available certain information, images, videos, text and/or other content (“Content”). You are responsible for the Content that you make available to the Service, including without limitation its legality, reliability, and appropriateness. You retain any and all of your ownership rights to any Content you make available on or through the Service and you are responsible for protecting those rights.

By making Content available on or through the “Chekk” App or the rest of the Service, you grant us the perpetual, irrevocable, worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to use, modify, publicly perform, publicly display, reproduce, and distribute such Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed), including without limitation on and through the “Chekk” App.

You can remove Content that you posted by specifically deleting it. In certain instances, however, some Content (such as posts or comments you make) may not be completely removed on the Service and copies of your Content may continue to exist on the Service and/or elsewhere. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any Content on the Service. You also have the option of either temporarily logout or permanently deleting your Account by visiting your Account settings. If you logout of your Account, we cease sending you push notifications, but we will save your information (including without limitation your Content) in case you later decide to login into your Account. Your profile and Content will still be visible by other users. If you delete your Account, we will permanently delete your Account information (including without limitation your Content). We will delete your messages according to our regular retention schedule. Please note that we will continue to store certain information (including without limitation your Content) for analytics purposes. We will also retain any information (including without limitation your Content) as required by law. Comments or other actions you make on Content shared by or with others, or messages you send, may also remain visible to other users after you delete your Account.

You represent and warrant that: (a) the Content is yours (you own it) or you have the right to use it and grant us the right and license granted in these Terms, and (b) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. We ask that you respect our on-line community and other users when posting Content and using the Service. When submitting Content to or otherwise using the Service, you agree not to:

  • Submit material that violates a third party’s proprietary rights, including without limitation privacy and publicity rights, or that otherwise violates any applicable law;
  • Publish falsehoods or misrepresentations that could damage us, our users or any third party;
  • Publish any private information of someone, like their address, phone number, email address, and similar information without their permission;
  • Submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
  • Post advertisements;
  • Impersonate another person or represent yourself as affiliated with us, our staff or other industry professionals, including without limitation by use of our trademarks, service marks, logos, branding or names without express written authorization from us;
  • Solicit a user’s password or other account information.

This list is an example and is not intended to be complete or exclusive. We don’t have an obligation to monitor your access to or use of the Service or to review or edit any Content, but we have the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any Content that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Service. Since the Service may not always be available and your Content on the Service may not always be available, you agree not to rely on the Service for the purposes of Content access, storage or backup. Chekk will not be liable to you for any modifications, suspension or discontinuation of the Service or the loss of any Content.

Interactions Between Users

You are solely responsible for your interactions (including any disputes) with other users. You understand that Chekk does not in any way screen Chekk users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and Services and disclosing personal information to other Chekk users. You agree to take reasonable precautions in all interactions with other Chekk users, particularly if you decide to communicate with Chekk user offline or meet them in person. Your use of the Site, Services, Chekk Content, and any other content made available through the Site or Services is at your sole risk and discretion, and Chekk hereby disclaims any and all liability to you or any third party relating thereto. Chekk reserves the right to contact Chekk users, in compliance with applicable law, in order to evaluate compliance with the rules and policies in these Terms of Use. You will cooperate fully with Chekk to investigate any suspected unlawful, fraudulent or improper activity via the Services.

Mobile and Other Devices

  • We currently provide our mobile services for free, but please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply.
  • You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Chekk.

Links to Third Party Sites

The Service may include links to other sites and services that are not operated by us. We are providing these links to you only as a convenience and are not responsible for the content or links displayed on such sites. You are responsible for and assume all risk arising from your use or reliance of any third party sites. Chekk may provide tools through the Service that enable you to export information, including without limitation Content, to third party services. By using these tools, you agree that we may transfer such information to the applicable third-party service. Such third party services are not under our control, and we are not responsible for their use of your exported information.

Ownership

Our Service (including without limitation the App(s)) is protected by copyright, trademark, and other laws of the United States, Hong Kong and foreign countries. Except as expressly provided in these Terms, we (or our licensors) exclusively own all right, title and interest in and to the Service (including without limitation the App(s)), including all associated intellectual property rights. Except as expressly provided in these Terms, you may not make use of the Service, and Chekk reserves all rights to the Service. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service (including without limitation the App(s)). You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Service (including without limitation the App(s)) (“Feedback”) will be the sole and exclusive property of Chekk and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback.

Termination

Without limiting other remedies, Chekk may at any time suspend or terminate your account, or refuse to provide you with access to the Site or Services. In addition, Chekk may notify authorities or take any actions it deems appropriate, without notice to you, if Chekk suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (a) failed to comply with any provision of these Terms of Use or any policies or rules established by Chekk; or (b) engaged in actions relating to or in the course of using the Site or Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Chekk users, Chekk or any other third parties or the Site or Services. Without limiting any other terms of these Terms of Use, you may stop using the Site and Services at any time.

Following termination your account, or if you remove any User Content from Chekk, we may retain your User Content for a reasonable period of time for backup, archival or audit purposes, and we may retain an archived copy of your records as required by law or for legitimate business purposes. Furthermore, Chekk and its users may retain and continue to use, store and display any of your User Content that other users have stored or shared through Chekk.

After any termination, you understand and acknowledge that we will have no further obligation to provide the Site or Services and all licenses and other rights granted to you by these Terms of Use will immediately cease. Chekk will not be liable to you or any third party for termination of the Site or Services or termination of your use of either. UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED ON THE SITE OR VIA THE SERVICES WILL NO LONGER BE ACCESSIBLE BY YOU VIA THE SERVICES.

Any suspension, termination or cancellation will not affect your obligations to Chekk under these Terms of Use (including, without limitation, proprietary rights and ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive and do survive such suspension, termination or cancellation.

Indemnity

You agree to defend, indemnify, and hold Chekk, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with User Content, your access to or use of the Site, Services or Chekk Content, or your violation of these Terms of Use.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES, INCLUDING THE CHEKK APPLICATION, AND CONTENT THEREIN REMAINS WITH YOU. NEITHER CHEKK NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR CHEKK CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CHEKK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT CHEKK IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS, THIRD PARTIES OR THIRD PARTY MATERIALS, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT WILL CHEKK’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT THEREIN EXCEED ONE HUNDRED U.S. DOLLARS ($1). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CHEKK AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Dispute Resolution

Mandatory Arbitration. Please read this carefully. It affects your rights. YOU AND CHEKK AND EACH OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit http://www.hkiac.org for more information about arbitration.

Commencing Arbitration. A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to Chekk, to you via any other method available to Chekk, including via e-mail. The Notice to Chekk should be addressed to: Chekk Limited, Unit 1010, 10/F, Miramar Tower, 132 Nathan Road, Tsim Sha Tsui, Hong Kong, Attn: Chief Executive Officer (the “Arbitration Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (the “Demand”). If you and Chekk do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Chekk may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION SHALL BE ADMINISTERED BY THE HONG KONG INTERNATIONAL ARBITRATION CENTRE UNDER THE HKIAC ADMINISTERED ARBITRATION RULES IN FORCE WHEN THE NOTICE OF ARBITRATION IS SUBMITTED THE LAW OF THIS ARBITRATION CLAUSE SHALL BE HONG KONG LAW. THE SEAT OF ARBITRATION SHALL BE HONG KONG. The Rules and HKIAC forms are available online at http://www.hkiac.org or by writing to the Notice Address. If you are required to pay a filing fee to commence an arbitration against Chekk, then Chekk will promptly reimburse you for your confirmed payment of the filing fee upon Chekk’s receipt of Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than HKD8,000, in which case you are solely responsible for the payment of the filing fee.

Arbitration Proceeding. The arbitration shall be conducted in the English language. A single independent and impartial arbitrator shall be appointed pursuant to the Rules, as modified herein. You and Chekk agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (b) the arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

No Class Actions. YOU AND CHEKK AGREE THAT YOU AND CHEKK MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN YOU FURTHER AGREE THAT THE PROVISIONS OF THIS AGREEMENT CONCERNING MANDATORY ARBITRATION SHALL NOT APPLY TO ANY ACTION INVOLVING A PURPORTED CLASS OR REPRESENTITIVE PROCEEDING, AND SUCH ACTIONS BETWEEN YOU AND CHEKK SHALL PROCEED, IF AT ALL, IN STATE OR FEDERAL COURT, AND SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COURTS LOCATED IN HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE’S REPUBLIC OF CHINA.

Decision of the Arbitrator. At an early stage of the arbitration and in consultation with the parties, the Tribunal will prepare a provisional timetable for the arbitration. It will be provided to the parties and to HKIAC. All arbitration proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator shall be in writing and shall include a statement setting forth the reasons for the disposition of any claim. The arbitrator shall apply the laws of the Hong Long Special Administrative Region of the People’s Republic of China in conducting the arbitration. You acknowledge that these terms and your use of the Service evidences a transaction involving international commerce. The HKIAC Administered Arbitration Rules shall govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in these Terms of Use. These Terms of Use and your use of the Service shall be governed by the substantive laws of the Hong Long Special Administrative Region of the People’s Republic of China without reference to its choice or conflicts of law principles. Only if the Mandatory Arbitration clause is deemed to be null and void, then all disputes arising between you and Chekk under these Terms of Use shall be subject to the exclusive jurisdiction of the state and federal courts located in Hong Long Special Administrative Region of the People’s Republic of China, and you and Chekk hereby submit to the personal jurisdiction and venue of these courts.

Equitable Relief. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which Chekk seeks equitable relief of any kind. You acknowledge that, in the event of a breach of these Terms of Use by Chekk or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Chekk, including with respect to any User Content, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms of Use.

Claims. You and Chekk agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to these Terms of Use or the Site or the Services, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Improperly Filed Claims. All claims you bring against Chekk must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section shall be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, Chekk may recover attorneys’ fees and costs up to HKD50,000, provided that Chekk has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim BY APPLICABLE LAW.

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