1. GENERAL AND ACCEPTANCE
1.2. This Agreement governs your use of: (i) our website, located at: [add a link] and operated by the Company ("Website"); (ii) the mobile application software, developed and owned by Quick Check Ltd., for an on-line payment solution via an iPhone, iPad, Android and Blackberry (“Application"); and (iii) any related services thereto (“Services”). Throughout this Agreement, we will refer to Website, Application and Services together with any software, data, information or other material contained in or accessible via the Website and/or the Application and/or the Services, collectively as “MyCheck”.
1.3. The titles in this Agreement are provided only for your convenience and are not to be used in interpreting the Agreement. This Agreement applies equally to both genders, and the masculine language is used for convenience reasons only.
1.4. BY BROWSING, ACCESSING AND/OR USING ANY PART OF MYCHECK, 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.
1.5. By browsing, accessing and/or using any part of MyCheck (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; you have an email address; and (iv) you have a valid credit card issued in USA by one of the credit card companies.
1.6. 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, by notify you via electronic mail (to the e-mail address expressed on your Account). Your use of, including any browse through or access of any part of MyCheck, after such notice if provided, shall constitute your consent to the new or revised Agreement.
2. REGISTERING AND CREATING YOUR ACCOUNT
2.1. In order to make purchases using MyCheck, 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, view your past purchases, store any credit for you, change user settings, and modify your preferences and so on.
2.2. Once you finish registration, we will allocate a password for you to your Account.2.3. The registration form shall include the following information: 2.3.1. First and last name; 2.3.2. Valid personal email address that you access regularly; 2.3.3. Choose a password; 2.3.4. Social Security number; 2.3.5. A telephone number; 2.3.6. Credit card details.
3. PAYMENTS AND PAYMENTS TERMS
3.1. By using the Application, user can pay for purchases of goods and/or services made by him, in any place of business where such goods and/or services may be displayed or referred to in MyCheck (“Merchant(s)”).
3.2. By clicking on the “Pay Bill" button in the Application, user confirms that all charges made by the user on his Account, shall be billed, based on the billing information affiliated with the Account.
3.3. 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.
3.4. The charge will be made based on the credit card details you provided to us upon registration of your Account.
3.5. 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 in any otherwise way accepted by Merchant.
3.6 As part of its customers services MyCheck may grant its Users (whether directly or indirectly) from time to time, one or more gift coupons, ready for usage in one or more of the Merchant(s) (“Coupons”); both the installation and the usage of the Coupons are subject to the terms and conditions set forth herein; provided however that User's right to install such Coupons on its Application shall be renewed only 30 days following the last Coupon installation made by such user.
3.7. 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 and/or any charges due to services fee, according to applicable laws.
4. RESTRICTIONS USE; UNAUTHORIZED OR ILLEGAL USE
4.1. Without derogating from any provisions of this Agreement, the following prohibitions shall apply while using MyCheck:
4.1.1. You may not transmit unauthorized communications through MyCheck, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items;
4.1.2. You may not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Services, or to obtain any information from MyCheck using any method not approved in writing by Company;
4.1.3. You agree not to reproduce, republish, upload, post, transmit, make available to the public, or otherwise distribute, or any part or any modification or derivative work of MyCheck;
4.1.4. You may not institute, assist or become involved in any type of attack, including distribution of a virus, attacks upon MyCheck that prevent access to or use of MyCheck, other attempts to disrupt MyCheck, gain unauthorized access to MyCheck, or disrupt any other person’s use or enjoyment of MyCheck;
4.1.5. You shall not use, facilitate, create, or maintain any unauthorized connection to MyCheck, including: (i) any connection to any unauthorized server that emulates, or attempts to emulate any part of MyCheck; or (ii) any connection using programs, tools, or software not approved in writing by the Company;
4.1.6. You shall not copy, modify or distribute rights or content from the Services, or Company’s copyrights or trademarks or use any method to copy or distribute the content of MyCheck except as specifically allowed in this Agreement; and
4.2. If you violate any of the limitations set forth herein and/or commit fraud or falsify information in connection with your use of MyCheck 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. If we terminate your Account, you may not re- enroll or join under a new Account unless we formally invite you.
4.3. Without derogation 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 (or any part of MyCheck), or to prevent user from making any purchase using MyCheck, 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 acting by the law; (ii) the user violated any provision of this Agreement; (iii) the user provided incorrect information when registered for the account; (iv) the user performed an act or omission that harms the Company and/or anyone on its behalf and/or proper functioning of MyCheck and/or on any third party; (v) if the credit card user has been blocked or restricted in any way.
5. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
5.1. MyCheck is provided by Company on an "as is" and "as and when available" basis to users. You use MyCheck at your own risk.
5.2. Company makes considerable efforts to make information made available via MyCheck as accurate as possible but no warranty or fitness is implied.
5.3. Neither Company nor any of its officers, directors, shareholders, employees, affiliates, agents, third-party content providers, sponsors, licensers, or the like, makes any representation or warranty or condition, either express or implied, to you:
- That MyCheck will be uninterrupted or error-free;
- That MyCheck or the computer server from which MyCheck is made available, are free of viruses or other harmful components;
- That it is the Merchant, and not Company, who is solely responsible for any goods and/or services provided to you, and therefore Company does not bear directly and/or indirectly any responsibility for this matter, including without limitation, for the availability, suitability or prices of such goods and/or services.
- To the accuracy, content, timeliness, completeness, legality, reliability, quality or suitability of any information, advice, content, service, search results, products or merchandise provided through MyCheck, Company makes and you receive, no representations, warranties or conditions, express or implied, statutory or otherwise with respect to:
- MyCheck, its content, merchandise, services, documents, information, items or materials provided by Company in connection with the use of MyCheck; or
- Any goods or services or information received through or advertised on MyCheck or received through links provided on MyCheck, including without limitation no representations, warranties or conditions of merchantability, suitability, fitness for a particular purpose, non-infringement of proprietary rights or otherwise.
5.4. No oral advice or written information given by Company or its affiliates, or any of its officers, directors, employees, agents, providers, merchants, sponsors, licensers, or the like, will create a representation, a warranty or condition nor should you rely on any such information or advice.
5.5. In jurisdictions that do not allow the exclusion or disclaimer of certain warranties, the above exclusion may not apply to you.
6. LIMITATION OF LIABILITY
6.1. Under no circumstances will Company 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 be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to loss of profits, business, anticipated savings, goodwill, use of data or other intangible losses) that result from either:
- The use and reliance on MyCheck; or
- The inability to use MyCheck; or
- Mistakes, omissions, interruptions, suspension, termination, deletion of files or email, errors, defects, viruses, delays in operation, transmission or service response time, or any failure of performance with respect to MyCheck including without limitation those arising from acts of God, communications failure, theft, destruction or unauthorized access to Interlinked Media's records, programs or services; or
- Merchandise, products or services received through or advertised on MyCheck and merchandise, products or services received through or advertised on any links provided on MyCheck; or
- Information or advice received through or advertised on MyCheck and information or advice received through or advertised on any links provided on MyCheck; or
- Any information, data, text, messages and other materials that you email, post upload, reproduce, transmit or is otherwise distributed using MyCheck, Company is unable to ensure or guarantee the security of any information transmitted over the Internet. Any information or data which you transmit to or by using MyCheck is done at your own risk and Company shall not be responsible or liable for any damages or injury that may result from transmitting such information.
6.2. If any jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
6.3. LIMITATION OF LIABILITY. WITHOUT DEROGATING FROM THE ABOVE, IN ANY EVENT MYCHECK’S TOTAL AGGREGATE LIABILITY TO THE USER OR ANY OTHER PERSON OR ENTITY FOR ANY AND ALL CLAIMS AND DAMAGES ARISING FROM OR OUT OF THIS AGREEMENT IN CONNECTION WITH A SPECIFIC TRANSACTION (WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) SHALL IN NO EVENT EXCEED THE FEES PAID TO MYCHECK FOR SUCH TRANSACTION.
7. INTELLECTUAL PROPERTY
7.1. All intellectual property rights in MyCheck, including all copyright, patents, trademarks, service marks, trade names, designs, whether registered or unregistered, information content on MyCheck, any database operated by us and all MyCheck design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain the property of Quick Check Ltd. (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.
7.2. None of the material listed in Section 7.1 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 our prior express written permission. 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.
8. JURISDICTION AND GOVERNING LAW
8.1. This Agreement and any dispute shall be governed by and construed in accordance with Laws of the State of New York and/or applicable federal law, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction. Parties agree to submit to the exclusive jurisdiction of the courts located within the State of New York to resolv e any dispute arising out of this Agreement.
9.1. These conditions 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 these conditions 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.
This Agreement was most recently updated on the 3 July 2012.