- GENERAL AND ACCEPTANCE
- The following Terms of and conditions form a binding legal agreement (“Agreement”) between you (“you”, “your”, “User” or “Customer”) and Quick Check LTD/Shiji (uk) limited/MyCheck LLC ("Company", "us", "our" or "we").
- This Agreement governs your use of: (i) the mobile application Service, and/or Website for an on-line payment solution via mobile devices and computers (“Application" and “Website” respectively); and (ii) any related services thereto (“Related Services”). Throughout this Agreement, we will refer to Website, Application and Related Services together with any service, data, information or other material contained in or accessible via the Website and/or the Application and/or the Client Services, collectively as “the MyCHECK PLATFORM”
- The titles in this Agreement are provided only for your convenience and are not to be used in interpreting the Agreement.
- BY BROWSING, ACCESSING AND/OR USING ANY PART OF MyCHECK PLATFORM, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE ANY PART OF MyCHECK PLATFORM
- By browsing, accessing and/or using any part of MyCHECK PLATFORM (whether with or without registration) you represent and warrant that: (i) You are 18 years of age or older; (ii) you are eligible to enter into binding contracts; (iii) you have an email address; and (iv) you have a valid credit card issued by one of the credit card companies.
- Please note that Company reserves the right, at its sole discretion, to revise, modify or change or remove portions or all of this Agreement, at any time. Please check periodically the Website to review such changes in the Agreement. Your use of, including any browse through or access of any part of MyCHECK PLATFORM, after such revised Agreement has been posted on the Website, shall constitute your consent to the new or revised Agreement.
- GRANT OF LICENSE. Subject to the terms and conditions of this Agreement, MyCHECK PLATFORM grants You a limited, personal, nonexclusive, nontransferable, non-sublicensable license to use, the Client Service, for your personal use.
- LICENSE RESTRICTIONS. The Application should be installed in accordance with the instructions of MyCHECK PLATFORM. Except as expressly and unambiguously permitted by these Terms, You may not, nor permit anyone else to, directly or indirectly: (i) commercially distribute, rent, lease, market, sublicense, resell or otherwise transfer the Client Service, (ii) copy or modify the Client Service either alone or in conjunction with any other product or program, (iii) decompile, disassemble or reverse engineer all or any portion of the Client Service, except and only to the extent, that such activity is expressly permitted by applicable law notwithstanding this limitation, (iv) remove any identification, including copyright, trademark, patent or other notices, contained in or on the Client Service; (v) use MyCHECK PLATFORM name, logo or trademarks without prior written consent from MyCHECK PLATFORM; or (vi) use the Client Service to perform comparisons or other benchmarking activities, either alone or in connection with any other service or hardware, (and you agree not to publish the results of such activities).
Any right not explicitly granted to You is reserved to MyCHECK PLATFORM or its licensors.
- REGISTERING AND CREATING YOUR ACCOUNT
- In order to make purchases using MyCHECK PLATFORM, you must register for an account (“Account”) and fill out a registration form. This is so that we can provide you with easy access to perform various functions on the Website, apps or SDKs view your past purchases, store any credit for you, change user settings, and modify your preferences and so on.
- PAYMENTS AND PAYMENTS TERMS
- By using the Application or Website, user can pay for purchases of goods and/or services made by him/her, in any place of business where such goods and/or services may be displayed or referred to in the MyCHECK PLATFORM
- By clicking on the “[Place Order/Pay" button in the Application, user confirms that all charges made by the user on its Account, shall be billed, based on the billing information affiliated with the Account.
- By entering its personal password in order to make the payment, user approves the purchase amount for payment and charges. Once payment has been approved by the user, no refunds of any kind will be given.
- The charge will be made based on the credit card details you provided to us when you registered your account.
- If the credit card company refuses to honor your credit card, the purchase amount that was approved will be canceled, and the User will be required to pay up in cash or as otherwise accepted by the Merchant.
- If User opened a tab in the place of business by entering a personal password, but the payment process was not completed, User will be charged automatically for the payment amount, including additional local VAT, taxes and/or any other charges, according to applicable laws.
- RESTRICTIONS ON USE; UNAUTHORIZED OR ILLEGAL USE
- If you violate any of these limitations and/or commit fraud or falsify information in connection with your use of MyCHECK PLATFORM] or in connection with your Account, your Account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of MyCHECK PLATFORM. If we terminate your Account, you may not re-enroll or join under a new Account unless we formally invite you.
- Without derogating from anything in this Agreement, Company reserves the right to decline any new registration or to cancel any account, or to prevent any use of MyCHECK PLATFORM (or any part of MyCHECK PLATFORM]), or to prevent User from making any purchase using MyCHECK PLATFORM ,either temporarily or permanently, at any time in its sole discretion without providing any prior notice, including due to any of the following: (i) the user performed an illegal act; (ii) the user violated any provision of this Agreement; (iii) the user provided incorrect information when registering for the account; (iv) the user performed an act or omission that harms the Company and/or anyone on its behalf and/or any third party and/or the proper functioning of [the Client Service]; (v) the credit card user has been blocked or restricted in any way.
- INTELLECTUAL PROPERTY
- All intellectual property rights in MyCHECK PLATFORM ,including all copyright, patents, trademarks, service marks, trade names, designs, whether registered or unregistered, information content on MyCHECK PLATFORM any database operated by us and all MyCHECK PLATFORM design, text and graphics, photos, video, music, sound, and their selection and arrangement, and all compilations, underlying source code and the Client Service (including applets and scripts) shall remain the property of the Company or that of its licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved. If You contact MyCHECK PLATFORM with feedback data (e.g., questions, comments, suggestions or the like) regarding the Client Service (collectively, "Information"), such Information shall be deemed to be non-confidential, and the Company and its licensors shall have a non-exclusive, royalty-free, worldwide, perpetual license to use or incorporate into the Client Service (or licensor's services) any such Information.
- None of the material listed in Section 1 above may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without the prior express written permission of Company and its relevant licensors. You may, however, retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without our permission.
- DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
THE SERVICE, DOCUMENTATION, AS WELL AS ANY OTHER ITEMS PROVIDED OR MADE AVAILABLE BY MYCHECK ARE PROVIDED AND MADE AVAILABLE TO CUSTOMER ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITH ALL FAULTS, WITHOUT ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION OF ANY KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, THAT THE SERVICE WILL OPERATE ERROR-FREE, THAT THE APPLICATION AND/OR WEBSITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS or that MYCHECK OR ITS LICENSORS will correct any errors in the SERVICE AND ALL WARRANTIES FOR FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF SERVICE, NON-INFRINGEMENT, REGARDING LATENT DEFECTS, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED BY MYCHECK AND ITS LICENSORS AND SUPPLIERS. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICE IS ASSUMED BY YOU. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY COMPANY OR ITS AFFILIATES, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS, OR THE LIKE, WILL CREATE A REPRESENTATION, WARRANTY OR CONDITION NOR SHOULD YOU RELY ON ANY SUCH INFORMATION OR ADVICE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES OR CONDITIONS, AND TO THE EXTENT APPLICABLE TO CUSTOMER, WE LIMIT THE DURATION OF SUCH WARRANTIES AND CONDITIONS TO THE DURATION OF NINETY (90) DAYS FROM THE EFFECTIVE DATE.
- You agree that [MyCHECK PLATFORM shall have no liability whatsoever for any use made of the Client Service by you or any third party. You hereby agree to defend, indemnify and hold harmless MyCHECK PLATFORM MyCheck and their respective affiliates and officers, directors, agents and employees from any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from claims related to your use of the Client Service as well as from Your failure to comply with this Agreement.
- LIMITATION OF LIABILITY
- IN NO EVENT WILL MYCHECK OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS, SPONSORS, LICENSERS, OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, MAINTENANCE OR DISTRIBUTION OF MyCHECK PLATFORM BE LIABLE UNDER, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES; ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF REVENUE, OR LOSS OF ANTICIPATED SAVINGS; ANY LOSS OF, OR DAMAGE TO, DATA, REPUTATION, OR GOODWILL; AND/OR THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES. IN ADDITION, THE COMBINED AGGREGATE LIABILITY OF THE COMPANY AND ITS LICENSORS UNDER, OR OTHERWISE IN CONNECTION WITH, THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY USER TO COMPANY DURING THE 12 MOTHS IMMEDIATELY PRECEDING THE CLAIM.
- THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY: (A) EVEN IF HAS BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES, DAMAGES, OR COSTS; (B) EVEN IF ANY REMEDY IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE; AND (C) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE AND STRICT LIABILITY). CUSTOMER ACKNOWLEDGES AND AGREES THAT THIS SECTION 10 (LIMITATION OF LIABILITY)IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN CUSTOMER AND MYCHECK SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR OF OTHER DAMAGES, AND TO THE EXTENT APPLICABLE TO CUSTOMER, SUCH EXCLUSIONS AND LIMITATIONS SHALL NOT APPLY.
- JURISDICTION AND GOVERNING LAW
This Agreement shall be governed by, and construed in accordance with, the laws of the [State of New York, USA] without regard to any conflicts of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement and is hereby disclaimed. Any claim, dispute or controversy under, or otherwise in connection with, this Agreement shall be subject to the exclusive jurisdiction and venue of the courts located in [New York, New York], and you hereby irrevocably and unconditionally submit to the personal jurisdiction of such courts and waive any jurisdictional, improper venue, inconvenient forum, or other objections to such jurisdiction and venue.
- Agree that any proceedings to resolve or litigate any claim, dispute or controversy will be conducted solely on an individual basis (and not in any class action or class-wide proceeding), and that a User may initiate such proceedings only on its own behalf;
- Hereby irrevocably and unconditionally waive the right to litigate such claims, disputes, or controversies in court before a jury; and
- Agree not to participate in claims, disputes, or controversies brought in an attorney general or representative capacity, or in consolidated claims, disputes, or controversies involving another person’s Account.
- This Agreement and any and all documents specifically referenced herein constitute the entire agreement between you and Company with respect to the subject matter hereof. If any provision contained in this agreement is determined by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, that provision shall be severed from these conditions and the remaining provisions shall continue in full force and effect.