Terms of Use

1. Definitions and interpretations

"Agreement" - means, collectively, the provisions of this "Agreement", any Specific Provisions, and each Order Form.

"Order Form" - your request for a certain paid service plan, placed at https://www.Checkko.co.za which is entirely governed by the present Agreement.

"Service" - a series of tools and functionalities provided by Checkko that can be used by companies to create and manage an online shop.

"Hosting" - service provided by Checkko that allows companies to store electronic data, which may or may not be publicly accessible, and to use "domain.chekko.biz" subdomains, by receiving the necessary space on the Checkko servers.

"Technical difficulty" – a technical irregularity that affects the availability of the Services in their entirety.

"Scheduled maintenance" - any intervention done with the purpose to keep services in good conditions performed on the Checkko platform that may affect the availability of the Service.

"Notification" - written communication sent by email or displayed in any section of the Checkko platform, regarding any scheduled maintenance that may affect the availability of the Service. Checkko will make reasonable efforts to notify the Customer of the scheduled maintenance at least 24 hours in advance.

"Party" - any of the signatories of this Agreement.

"Service plan" - the cost of Services ordered by the Customer, including a set of options and functionalities, in the form available at https://www.Checkko.co.za, that may be modified at any time by the Service Provider without prior notice. Customers will be notified individually, if necessary, of any change in pricing affecting the order in progress. The pricing plan ordered by the Customer shall be mentioned in the Order form added to the invoice.

"Support" - the Checkko technical support center, available by email at support@Checkko.in, from Monday to Friday, between 09.00 – 18.00 (GMT+2) or through the contact form located at https://www.Checkko.in/info/contact .

"Normal use" - use of the Services, according to the order placed by Customer through the Order form, solely for the purpose for which the Service was offered and intended by Checkko, within the capacity limits and functionalities available and bound by the provisions of this Agreement and of the Checkko Terms of service.

"Terms of service" – rules that users must agree to abide by in order to use the Service, available at https://www.Checkko.in/info/terms. Rules may as well be subject to change, without prior notice.

"Widget" - application, or component of a software interface, that enables a user to perform a function or access a service.

2. Information about the Terms of Use

2.1 The following "Terms of Use" are the rules and conditions under which the Checkko website (the "Website") and Services (the "Services") are being provided to you.

2.2 By accessing the Website (browsing, registering) or using the Services, you accept and agree to be bound by these Terms of Use, so please review them periodically. If you do not accept these Terms of Use, you must immediately cease using the Website and/or Services.

3. Changes to the Terms of Use

3.1 We are constantly making improvements to the Website and to the Services we provide you, therefore we reserve the right to make necessary changes to these Terms of Use at any time, without prior notice to the individuals accessing the Website or using the Services (that will be further referred to as "you" or "the Users").

All changes referring to fees and pricing will take effect 7 days after they have been made public in the relevant area of the website. All other changes become effective the very day of publication on the Website. By accessing or using the Website and Services, you accept and agree to all such changes. If you do not agree to all such changes, you must immediately cease using the Website and/or Services.

4. Service description

4.1 Checkko provides a series of tools that can be used by companies to create and hosts their business on its servers so that they can be accessed by third parties, Internet users.

4.2 Customer represents, covenants, and warrants that Customer will use the Services only in compliance with this Agreement, with the privacy policies available at https://www.Checkko.in/info/privacy, and with the applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, defamation, etc.). Customer hereby agrees to indemnify and hold harmless Checkko against any damages, losses, liabilities, settlements, fines, and expenses (including without limitation of costs incurred and reasonable attorneys fees) in connection with any claim or action that arises from an alleged violation of the foregoing or other rules of public order. Although Checkko has no obligation to monitor the content provided by Customer or Customer's use of the Services, Checkko may choose to do so and may remove any such content or prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing and other rules of public order.

4.3 The present Agreement replaces all understandings or prior agreements, all statements, or other communications over/concerning the Services between Customer and Checkko, regardless if oral or in any written form. The present Agreement does not invalidate your prior obligations to pay any outstanding charges owed to Checkko for previously provided Services.

5. Term of Agreement

5.1 This agreement shall become effective as of the date of your acceptance by "agreeing" or "accepting" any of its counterparts ("Effective Date") and shall continue to be in force unless and until terminated in accordance with the provisions of this Agreement.

5.2 Each Order Form shall commence its effects when Checkko receives your payment corresponding to the Services ordered and shall continue to remain in force until (a) the relevant Order Form is terminated in accordance with the provisions of this Agreement or of the Order Form, or (b) this Agreement and all of the Order Forms are terminated in accordance with the provisions of this Agreement.

5.3 If you do not place a new order for Services after the termination of the current order form according to its provisions, Checkko will downgrade/restrict your access to the Services and may become inaccessible to third parties, Internet users. You will still have access to your User account and you will be able to place a new order for Services.

5.4 This Agreement is valid for an undetermined time. The Agreement expires when you cease using the Services, by canceling your account, if your account is automatically canceled by the system - a situation which may occur if no activity is registered in your account for a period longer than 6 months or if Checkko suspends your access to the Services, as a consequence of violating any clause of this Agreement.

5.5 The Services for which you are charged, will stop being provided to you by Checkko, as soon as the Service plan that you have purchased expires, according to the corresponding Order form.
 

6. Payment

6.1 Customer agrees to pay in advance to Checkko all charges applicable to the Service plan that have been selected through the Order Form, as available at https://www.Checkko.in/plans and in effect at the time when the order is placed including if any, all applicable taxes. The charges for the Services may be changed by Checkko from time to time, without prior notice.

6.2 Customer’s payment to Checkko should be considered to be validly made when Checkko receives it and only after you will receive access to the Services ordered.

6.3 In case of failure to pay applicable fees and/or charges at due dates, Checkko may limit, temporary, or permanently suspend or terminate your account and access to Services.

6.4 Checkko will issue an invoice within 5 working days after payment is received. Customers can download the invoice from his user account.

7. Access to Website and Services

7.1 Checkko grants Customer permission to access the Checkko Website and Services under the following terms and conditions:

1. All actual Users representing the Customer or the Customer himself should be over 18 to able to receive access to the Services provided by Checkko.
2. The Customer warrants that all information submitted are current, complete, and accurate, as required by the registration process or in other sections of the Website, and agrees to maintain and update this information as needed to keep it current, complete, and accurate. Checkko reserves the right to suspend access to the Services if it is discovered that the information submitted by Users does not comply with the requirements listed above. Checkko reserves the right to refuse registration of or cancel accounts it deems inappropriate.
3. It is strictly forbidden to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect or part of the Website and Services;
4. Any interventions that might cause temporary or permanent dysfunction to the Website are strictly forbidden;
5. It is strictly forbidden to interfere with or disrupt the Website or Services or servers or networks connected to the Website or Services, except for those changes necessary to the best use of the Website;
6. It is strictly forbidden to defame or in any other way harass or invade the privacy of other members;
7. It is strictly forbidden to send any unsolicited or unauthorized advertising or promotional materials. Undertaking such actions will lead to the automatic suspension of your Customer/User Account. The customer acknowledges that he is liable and responsible for all actions that do not comply with the applicable law.
8. We cannot and do not check to see whether the domain or subdomain name you select or the use you make of the domain name, infringes the legal rights of others. We urge you to investigate to see whether the domain name you select or its use infringes the legal rights of others. The customer acknowledges himself liable and responsible for all actions that infringe the legal rights of third parties. If such actions can be traced back to the Customer, we reserve the right to suspend that Customer Account.
1. Checkko reserves the right to suspend accounts using domain or subdomain names that are harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or that otherwise degrade or intimidate individuals or certain groups on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability, etc.
10. It is strictly forbidden to use the Services with the purpose of conducting illicit activities, so deemed according to the applicable law. All such activities should lead to the suspension of the User account. No Customer may utilize the Services to provide, sell or offer to sell the following: replica products; controlled substances; illegal drugs and drugs; weapons; pirated materials; instructions on making, assembling, or obtaining illegal goods or weapons of any kind to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others' intellectual property or information; information used to illegally harm any people or animals.
11. Checkko reserves the right to suspend access to any User account at any time, in case of suspicions regarding the authenticity and accuracy of the information transmitted via the Website or Services.
50. The Customer/User is exclusively liable for all actions conducted by using the Services and for all the content transmitted via the Website or Services. Checkko shall not be liable to Customer or to any third parties for any loss of profits or special, incidental, or consequential damages arising out of or in connection with the Website or Services.
1000. The violation of the present Agreement will automatically lead to the termination of your User account.
14. All fees payable hereunder are non-refundable unless otherwise mentioned in this document. Checkko may provide a refund within the first 15 days after the User's first service taken.
15. Customer/User may cancel his account at any time. The accounts that have been canceled, the associated services are taken and all their information will be permanently deleted if the user account is not activated within 1 month from the cancellation date. In order to reactivate the account, the User must log in and confirm the reactivation.

7.2 In order to access the Services provided by Checkko Customer/User must set up an account on the Website. The customer will receive a password and an account designation after completing the registration process. The customer is responsible for maintaining the confidentiality of the password and of the account information, and for all activities that occur under the password and/or account. We should not be held liable if unauthorized persons make use of the password or account. Any suspicions of unauthorized use of your User account must be immediately and properly notified at support@Checkko.in. Checkko should not be held liable for any damages caused to the Customer if such situations occur.

7.3 Customers may not use any automated means (such as scripts) to access the Website or Services or to collect information from them.

7.4 Links to other websites or resources may be provided by Checkko or by third parties. As control over such sites and resources cannot be performed, by using the Website and Services you acknowledge and agree that Checkko is not responsible for the availability of such external sites or resources, that we do not endorse, and that Checkko is not responsible or liable for any content, advertising, products, product information or any other materials that are made available on or through these websites. Furthermore, Customers acknowledges and agree that any damage or loss caused, or allegedly caused, by the use of such external resources will not be accounted to Checkko or any of its third parties.

7.5 For every email message sent in connection with the Services, the Customer acknowledges and agrees that as the recipient of services has also agreed to receive such communication and that he shall not engage in the act of sending unsolicited emails.

7.6 Checkko reserves the right to decline your request to use other Checkko services.

7.7 In order to access the Services provided by Checkko, the Customer/User must be a registered company. The Services provided by Checkko are not intended for use by individuals.

8. Responsibility for the content

8.1 Customer acknowledges its responsibility for all information, data, text, photographs, graphics, video, messages, and any other materials posted on his online shop.

8.2 Customer undertakes that he is the owner of all the materials/contents posted and if the case may be the Customer fully guarantees to keep Checkko unharmed in all situations by getting all the appropriate consents or permissions from third parties before making use of their materials/contents in any way, including for reproduction and distribution on the online store or other channels.

8.3 Customer agrees not to use subdomains or domains or post any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party unless he holds the owners’ consent to perform such an action.

8.4 Customer will not post any Content that might harm Checkko or other third parties.

8.5 Customer will not post any Content that is false, inaccurate, illegal, harmful, abusive, harassing, vulgar, privacy-invasive or that offends or intimidates individuals or groups of individuals with regard to gender, age, race, ethnicity, religion, sexual orientation or disabilities.

8.6 Customer will not post any Content promoting illegal activities.

8.7 Customer will not post or distribute any Content containing unsolicited or unauthorized advertising, "junk mail", "spam" or unsolicited information.

9. Warranty Disclaimer

9.1 Customer uses the Services at its own risk. Unless expressly provided in this Agreement or as required by applicable law, Checkko does not warrant that the Services will be uninterrupted or error-free; nor does it make any warranty as to the results that may be obtained from the use of the Services. The Services are provided "as they are" and Checkko disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and suitability for a particular purpose and non-infringement.

10. Legal obligations and limits of Liability

10.1 Any matter in relation to or arising from the use of the Website, including any breach or alleged/suspicioned breach of these Terms of Service, or your violation of any law or of the rights of any third party that can lead to a third party soliciting claims and/or damages to us and our partners and employees, will be fully undertook, covered and compensated by you.

10.2 Any liability for damage to Customer’s computer system or loss of any data resulting from the use of the Website shall not be under the Checkko responsibility. No matter of circumstances Checkko does not guarantee the integrity of the files that you may download or that they are free of viruses, contamination, or other types of threats.

10.3 In no event Checkko should not and cannot be held liable whether in contract, tort (including negligence, strict liability, or otherwise), for any indirect, punitive, special, exemplary, incidental, or consequential damages (including, but not limited to, lost savings, lost profit, lost goodwill, lost or corrupted data or business interruption), even if notified in advance of such possibility.

10.4 Checkko should not and cannot be held liable for the loss of data that results from the Customer’s direct or indirect actions. If data, depending on their nature, can be recovered, the recovery is the Customer's sole responsibility. Customers can perform a data recovery within 72 hours from deletion, by using the options available in their user account. Checkko does not warrant that all data lost can be recovered and cannot be held liable for the integrity of the recovered data.

10.5 Checkko shall not be liable for the contents provided by the Customer. In this case, to the extent that Checkko should have claims from clients or third parties, Checkko immediately transfers liability for these claims to the Customer; the Customer agrees to immediately accept and give effects to the transfer of liability.

10.6 Neither of the Parties to the Contract shall be liable to the other party for breakdowns that occur outside the sphere of influence of the contractual parties (force majeure, fault of a third party, failure of communication networks and gateways of other operators, or breakdowns that lie within the sphere of risk of other network providers, etc.).

10.7Checkko should not and cannot be held liable for the automatic and definitive elimination from the system of accounts already suspended for inactivity and their associated content.

11. Indemnification

11.1 Customer agrees to defend, indemnify and hold harmless Checkko and its officers, directors, owners, agents, employees, advisers, and consultants, from and against any claims, actions, demands, liability, damages (including legal and professional fees) asserted by any third party and arising from Customer’s use of the Services, Customer’s conduct, content, communications, alleged infringement of third party intellectual property or privacy rights, or violation of this Agreement.

12. Limitation of Remedies

12.1 Customer agrees that if Checkko breaches this Agreement, his sole and exclusive remedy will be to terminate this Agreement and your relationship with Checkko. This applies regardless of whether the remedy fails in fulfilling its essential purpose.
 

13. Service availability

13.1 Checkko reserves the right to change the structure and interface of any page of the Checkko website at any given time and without prior notice and to suspend access to the Services temporarily or permanently, partially or in whole. Checkko will fulfill its obligations to you until the expiration date of the Service plans paid by you in advance.

14. Other Provisions

14.1 Both Parties undertake to treat with strict confidence all data, information, and documents that they become aware of on the basis of their cooperation and which are liable to secrecy. Passing such information or its use to third parties requires the prior consent of the other party to the Contract. Parties shall also impose the obligations to secrecy, which they have undertaken on all of those who are entrusted by the parties with information or services arising from this Agreement. This prohibition shall not apply for announcements made solely for internal distribution or notification to parties obliged by law or contract to maintain silence on such matters. The exceptions to the provisions of this item include: mentioning the contractual parties and giving general descriptions of the subject matter of the Agreement in press releases, offers or other marketing documents that belong to the parties to the Agreement. Irrespective of termination of this Agreement, for whatever reason, the obligations in accordance with this item shall contain to exist for the duration of 12 (twelve) months even after the termination of the Agreement.

14.2 Checkko may assign Third Parties to provide the Services owed.

14.3 No agency, partnership, joint venture, or employment is created as a result of this Agreement, and the Customer does not have any authority of any kind to bind Checkko in any respect whatsoever.

14.4 Should individual provisions of this Agreement be wholly or partially invalid, this shall not affect the validity of the rest of the Agreement. The parties undertake to replace invalid provisions with valid ones, such that the economic objective pursued by this Agreement shall be achieved as complete as possible. This applies accordingly should there be an unwanted loophole in the provisions or provisions which are impracticable.

14.5 All legal relationships arising from this contractual relationship shall be subject to the Romanian applicable laws.

14.6 The sole place of jurisdiction for all disputes arising in connection with this Contract shall be the corresponding head office of Checkko or, should Checkko so decide, your place of business.

14.7 This Agreement has been executed in the English language, which shall be the binding and controlling language for all matters relating to the meaning and interpretation of this Agreement.

15. Trademark information

15.1 "Checkko" and the Checkko logo are trademarks of ??. You agree not to display or use(Name of our company)

Addendum - Data Processing Terms

Checkko was founded with an aim of creating a South African search engine, that can be establishe... Read more

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