Merchant User Agreement

Last Revised - 9th August 2016

Please read these Terms & Conditions, Privacy Policy and Cookie Policy carefully. They will govern the relationship between, you, the Merchant and the Service, Chec Your acceptance of these documents will need to be agreed upon before You can continue to use the Service.

1. Acknowledgement

By signing up and using the Service, You agree to abide by and follow the Terms & Conditions, Privacy Policy and Cookie Policy of the Platform and accept any decision made in accordance with these documents as they are displayed here.

2. Terms

These Terms refer to the owners and operators of the Service i.e. ‘We’, ‘Us’ or ‘Our’

These Terms refer to the Users of the service, i.e. ‘You’ , ‘Your’ or ‘User’

3. Provision of Service & Liability

We provide the Service ‘as is’ and provide no guarantees or insurance for any loss, damages or inconvenience caused through the use of the Service.

You use the Service at Your sole risk.

We reserve the right to, at any time, modify, suspend or discontinue the Service or any aspect or part thereof with or without prior notice.

You shall be responsible for all content uploaded to Your account (data, text, images) as well as all activity that occurs through Your account.

We reserve the right to refuse the Service to anyone at any time for any reason.

We cannot guarantee the Service will be error free and accept no liability in this occurrence.

We do not warrant that any error in the Service will be fixed within any timeframe.

You expressly understand and agree that We will accept no liability for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from Your use or inability to use the Service.

Your use of the Service and any dispute arising out of such use of the Service is subject to the laws of the United States of America and any local laws, which may apply in Your jurisdiction.

4. Your use of the Platform

This agreement applies to anyone who uses the Service and use of the Service is open to all.

We accept no liability for any User who uses the Service maliciously without Our consent or knowledge and We will seek out and take action against any User found to be doing so on up to 3 occasions, 3 strikes and you’re out.

Actions that will constitute a strike include:

Any decision on whether a User’s use of the Service is malicious or unlawful will be entirely at Our sole discretion and We reserve the right to immediately deactivate the account of any User found to be doing so without notice.

We assume no responsibility for any loss or damage incurred through Your use of the Service.

We assume no responsibility for any third party links or actions made away from the Platform.

You may not use the Service for any illegal or unauthorised purpose that will violate the laws of the United States of America or the country, state or jurisdictions where the Service is used.

You may not use the Service in a manner that would violate the laws in Your jurisdiction, including but not limited to intellectual property laws.

You may not use the Service while posing as a person other than yourself or otherwise misleading anyone through Your use of the Service. You must not transmit or otherwise use any malicious code or software during Your use of the Service. We reserve the right to remove any User found to be using any form of destructive of malicious code or violating any laws or regulations in either the United States of America or withinYour own country state or jurisdiction.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service or access to the Service without Our express written permission.

Verbal or written abuse of any kind, including but not limited to threats of abuse or retribution, of any User, Employee or Officer acting on Our behalf shall not be tolerated and could result in the immediate account deactivation

5. List of prohibitions

This list shows which goods and services may not be offered by Sellers. This list is not exhaustive and decisions to add or remove items from this list will be made at Our sole discretion.

You agree to not sell, display, distribute, or be one/part of the following businesses, business activities or business practices:

6. Registration

You must be at least 18 years of age on the date of registration.

You must provide all compulsory information requested during the registration process and this information must be real and legally identifiable as Your personal information.

The compulsory information required is:

A valid e-mail address is one that has not been used on the Service previously and You have current access to as You will need to access it in order to complete the registration process.

We will not share Your personal information so the User will need to create a username which will be used to identify You whilst using the Service.

The User must select a password that meets the minimum level of complexity to complete registration. Passwords should contain at least 6 characters and a combination of upper and lower case characters as well as at least one number to ensure security.

It will be the User’s responsibility to keep Your username and password safe and We take no responsibility for any damage or loss incurred through mismanagement of Your login details.

We reserve the sole authority to delete, remove, or edit content on the Platform at any time and without the permission of the User.

We reserve the right to request additional information from You after registration in order to maintain Your account status and We reserve the right to temporarily freeze/deactivate Your account until this information is provided to Us. This information may be requested in order to prove Your identity, provide additional necessary information for any reason, made at Our discretion, which will be explained to You upon the request for additional information.

7. Account Deactivation

You may deactivate Your account through the platform at any time.

Once deactivated, Your account and account history can be retrieved and reactivated at Your request unless Your account was deactivated for a violation of these Terms & Conditions.

We reserve the right to store any data held on accounts once deactivated for legal, research, and analysis purposes and will not pass on this information or store it in any way in which it is less secure.

8. Fees

We will charge 3% transaction fee for every transfer made using the Service.

We reserve the right to alter the fee upon the provision of 14 days’ notice and make any other alterations to Our fee system as outlined in any notice that We provide. By Your continued use of the Service after this notice period You hereby accept the alteration made in the notice.

9. Chargebacks

In the occurrence of a chargeback being issued We will consider this a strike and it will be recorded against Your account. In the event of excessive strikes (10+) Your account will be temporarily deactivated while a review process is undertaken into the nature of the chargebacks.

Chargebacks can be in one of four categories:

We reserve the right to refund any transactions and/or payments that We deem to be fraudulent.

Depending on the nature and outcome of Our review, We reserve the right to take action against the merchant ranging from reactivation to permanent deactivation and in accordance with any legal responsibilities.

We accept no liability for any charges incurred due to chargebacks and will pass any charges levied to the merchant. You maintain the right raise a dispute in accordance with the rules set forth by the corresponding bank network or card association to remove charges. This action is undertaken independently and We have no liability regardless of the outcome of this process.

We reserve the right to reverse transactions before a chargeback occurs in the event of excessive evidence in regards to fraudulent transactions.

Every chargeback incurs a $15 bank fee. If the dispute is resolved in your favor, however, we refund the $15 fee. We reserve the right to reverse payouts if your account is in a negative balance.

10. Taxes

All fees are exclusive of any federal, state, local, provincial or other governmental sales, goods, services, goods and services, harmonized or other taxes (“Taxes”), fees, or charges now in force or enacted in the future.

You are responsible for all applicable taxes that arise from or result from Your use of the Service.

11. Release

If You have a dispute with one or more Users, You release Us (and Our officers, employees, and directors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

If You are a resident of California, You also waive California Civil Code §1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

12. Intellectual Property

This Platform contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited.

All trademarks reproduced in this Platform, which are not the property of, or licensed to the operator, are acknowledged on the Platform.

Unauthorized use of this Platform or its code may give rise to a claim for damages and/or be a criminal offense.

13. Digital Milennium Copyright Act (DMCA) Notice

If You believe that Your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Platform, please notify Chec’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For Your complaint to be valid under the DMCA, You must provide the following information in writing:

The above information must be submitted to the following DMCA Agent. Alternatively, contact Us by e-mail at admin@trychec.com.

Upon receiving Your complaint, Chec may remove content that You believe infringes its copyright. In addition, Chec may deactivate the account of the member who appears to be infringing Your intellectual property rights. We will endeavor to provide the highest quality Service but hold no liability if You are in any way dissatisfied by the Service as it is provided.

Questions about these Terms & Conditions, the Service, Chec or Chec Commerce can be sent to hello@trychec.com