CHEKKIT GEOLOCATION SERVICES INC. A CORPORATION WITH OFFICES AT 321 MCDERMOT AVE(“CHEKKIT”)OWNS AND OPERATES
THE WI-FI LOG-IN AND MONITORING SOFTWARE AS A SERVICEPLATFORM (“SERVICE”) ACCESSED THROUGH THE WEBSITE LOCATED AT
SERVICE (“SUBSCRIBER”, “YOU”) AND, WHERE INDICATED, END-USERS ACCESSING ASUBSCRIBERS WI-FI NETWORK THROUGH THE
SERVICE (“USERS”). IF YOU ARE AN AGENT OR EMPLOYEEOF AN ENTITY YOU REPRESENT AND WARRANT THAT (I) THE INDIVIDUAL
ACCEPTING THIS AGREEMENTIS AUTHORIZED TO ACCEPT THIS AGREEMENT ON SUCH ENTITY'S BEHALF AND TO BIND SUCH ENTITY,AND
(II) SUCH ENTITY HAS FULL POWER, CORPORATE OR OTHERWISE, TO ENTER INTO THISAGREEMENT AND PERFORM ITS OBLIGATIONS
REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THE SERVICE FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS
OF USE, UNLESS STATED OTHERWISE.
IMPORTANT NOTE: THIS AGREEMENT CONTAINS IMPORTANT LIMITATIONS ON REPRESENTATIONS, WARRANTIES, CONDITIONS, REMEDIES
AND LIABILITIES THAT ARE APPLICABLE TO THE SERVICES, SO YOU SHOULD READ IT CAREFULLY BEFORE USING THE SERVICES. IF YOU
ARE AN AGENT OR EMPLOYEE OF AN ENTITY, YOU REPRESENT AND WARRANT THAT (I) THE INDIVIDUAL ACCEPTING THIS AGREEMENT IS
DULY AUTHORIZED TO ACCEPT THIS AGREEMENT ON SUCH ENTITY'S BEHALF AND TO BIND SUCH ENTITY, AND (II) SUCH ENTITY HAS FULL
POWER, CORPORATE OR OTHERWISE, TO ENTER INTO THIS AGREEMENT AND PERFORM ITS OBLIGATIONS HEREUNDER.
1. GETTING STARTED
In order to subscriber for the Service, you must submit an application either through an order form
provided by Chekkit or through the Website (“Order Form” ). You must also create an account in order to use the Services.
Chekkit reserves the right to accept or reject any subscription application. Any license which may be granted under these
terms is dependent on Chekkit having confirmed in writing acceptance of any such Order Form.
As part of the Service, Subscribers can create their own branded “splash page” which will be
viewed by Users when they access the Subscribers Wi-Fi network through the Service. Such splash page may include such
information and content as determined by Subscriber within the functionality permitted by the Service. Subscriber is
solely responsible for the content of such splash page, but it is recommended that Subscriber make available its own
1.3 Personal Information.
A ll users of the Services must create an account, including Subscribers and Users. Each will be asked to provide certain
basic information in order to purchase/use the Services.This information may include name, address, company (if applicable),
telephone number (for Subscribers), email address and credit card details (for Subscribers). When individuals register to
use the Services and through their use of the Services we will have access to certain personal information. We use this
Personal Information solely for the purpose of providing the Services. We do not share information regarding your Users
sets out in further detail how we collect, store and use information about our users and will govern our use of personal
information. If you do not agree with any of our privacy practices you must not use the Services.
1.4 Restrictions on Use of the Services.
You may only use the Services only for purposes as permitted by this Agreement and not to use the Services for any purpose
prohibited by applicable law or regulation. You may not use theServices (both under a trial evaluation or a full subscription basis)
if you are a competitor of Chekkit’s. In using the Services, you shall not do any of the prohibited acts set out in Section 4
of this Agreement.
1.5 Changes to the Licensed Materials.
You acknowledge and agree that you are not subscribing to the Services in the expectation of any future functionality. Chekkit
may, at no cost to You, alter, update or upgrade the Licensed Materials from time to time without any prior notice with any
alternations, updates or upgrades which Chekkit generally makes availableto its other customers at no cost. Such changes may
include bug fixes, new or modified features or changes intended to improvethe user experience. If you do not like any changes
to the Licensed Materials your sole remedy is to terminate your subscription.For greater certainty, Chekkit may from time to
time provide enhanced or new features or functionality that will be made available to customers only on payment of the applicable
fees for such premium features or functionality.
2. TRIAL EVALUATIONS
2.1 If You request a free trial of the Services, Chekkit may make those Services available to You free of charge for evaluation
purposes until the end of the free trial period indicated by Chekkit. Trial services are provided ‘as is’ without any warranty
of any kind although Chekkit will provide reasonable e-mail, in-application, and telephone support in connection with the use
and operation of the Licensed Materials (as defined in Section 4.1) and Services and any problems therewith. Additional terms
and conditions governing trial evaluations of the Services may be set out on the webpage and indicated at the time of sign up.
Such terms should be read in conjunction with this Agreement as they will take precedence over any conflict or inconsistency
with this Agreement. We reserve the right at all times (but will have no obligation) to terminate users and/or terminate any
trial at any time without any liability whatsoever.
2.2 ANY DATA YOU PROVIDE FOR PROCESSING DURING YOUR FREE TRIAL WILL BE DELETED BY CHEKKIT AT THE END OF THE TRIAL PERIOD UNLESS YOU
PURCHASE A SUBSCRIPTION FOR THE SERVICES OR EXPORT SUCH DATA BEFORE THE END OF THE TRIAL.
3. TERM AND TERMINATION
3.1 Service Period and Renewals.
Services purchased will be provided to You for the period set out in the Order Form and will automatically renew unless and until
your subscription is terminated pursuant to Sections 3.2 or 3.3 below.
3.2 Termination by You.
If You wish to terminate your subscription, you can do so at any time by canceling your subscription/automatic rebilling
by e-mailing Chekkit at SUPPORT@CHEKKITWIFI.COM. If you terminate Your subscription, your account will remain active until the
end of the period which you have pre-paid for (e.g. monthly subscriptions will have access until the end of the month;
annual subscriptions will have access until the end of the year). If you want your account deactivated before the next billing
cycle you will need to provide Chekkit with direct notification by email. Recurring payments for periodic subscriptions are
processed on the same day of the calendar month that you first subscribed in respect of that month if You acquire services
on a monthly subscription basis or on the anniversary of the date on which you first subscribed in respect of an annual subscription.
3.3 Termination by Chekkit.
In certain circumstances Chekkit may, upon the provision of written notice to You, immediately terminate your account and/or access
to the Services. Cause for such termination shall include, but not be limited to: (a) violations of the terms of this Agreement;
(b) a request by you to terminate your account; (c) discontinuance or material modification to the Chekkit Service or any part
thereof; (d) a request and/or order from law enforcement, a judicial body, or other government agency; (e) where provision of
the Services to you is or may become unlawful; (f) your participation in fraudulent or illegal activities. In such circumstances,
Chekkit will use commercially reasonable efforts to give you as much notice as possible, however there may be certain circumstances
where advanced notice is not possible. Any such termination shall be made by Chekkit in its sole discretion, and Chekkit will not
be responsible to you or any third party for any damages that may result or arise out of such termination of your account and/or
access to the Services.
3.4 Suspension by Chekkit.
In certain circumstances, Chekkit may temporarily suspend your account or access to the Services. Cause for such suspension includes
non-payment of invoices by you, unexpected technical or security problems. In such circumstances, Chekkit will use commercially
reasonable efforts to notify you of the suspension and use commercially reasonable efforts to resolve the problem as quickly as
3.5 Effect of Termination.
Upon termination of this Agreement Your access to and receipt of the Services will terminate. Chekkit will not be liable in respect
of any damage caused by the termination of this Agreement. If you are a paying subscriber, you have the right to request and receive
a copy of your content from Chekkit’s systems if you make such request within 30 days of the effective date of termination. Such
data will be provided in Microsoft Word and Excel formats. If You are on an annual, pre-paid subscription term and You terminate
this Agreement due to Chekkit’s material breach which remains uncured after 30 days ofyours having given written notice of such breach,
you will be entitled to a pro-rata refund of the pre-paid fees for the remaining term for which You have paid.
If you are a Subscriber, Chekkit will provide you with the hardware set out in the Order Form (such as Bluetooth beacons) that is
necessary for use in connection with the Service (the “Hardware” ). Chekkit may require a security deposit for the Hardware when
you subscribe for the Service. Chekkit retains all ownership in any Hardware, and such Hardware must be returned to Chekkit at the
end of the Term in the same condition as when originally provided to Subscriber. Any damage to or loss of Hardware will be charged
to Subscriber. During the Term, Subscriber is responsible for safe keeping, maintenance, operation and the ongoing costs associated
with the Hardware. Subscriber acknowledges and agrees that the Hardware must be installed, operated and maintained in accordance
with the specifications as communicated by Chekkit to you from time to time. ALL HARDWARE IS PROVIDED "AS IS" WITH NO WARRANTIES
WHATSOEVER; CHEKKIT DOES NOT MAKE ANY EXPRESSED, IMPLIED OR STATUTORY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE
HARDWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, INTEGRITY OF DATA, NON-INFRINGEMENT,
MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. CHEKKIT FURTHER DOES NOT REPRESENT OR WARRANT THAT THE HARDWARE
WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT
PACKET LOSS, NOR DOES CHEKKIT WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET.
5. LICENSES AND PROPRIETARY RIGHTS
5.1 License Grant.
Subject to the terms of this Agreement and payment of the applicable fees, Chekkit grants You a limited,
non-exclusive, non-transferable, non-sub licensable, single, internal license and right to use the Services (including the
underlying software and technology contained therein) (“Licensed Materials”) for the purposes indicated on the Order Form
when you subscribe. This license also includes the right to use any other applications that may be explicitly provided by
Chekkit for use of the Services. A license is required for each user of the Licensed Materials and Services. Any software
provided to you is licensed, not sold.
5.2 Third Party Components.
The Licensed Materials may incorporate and embed software and other technology owned and
controlled by third parties. Any such third-party software or technology that is incorporated in the Licensed Materials falls
under the scope of this Agreement. Such third-party software is licensed not sold, and will be provided to You on the license
terms of this Agreement unless additional or separate license terms apply as indicated at the time of download.
5.3 License Restrictions.
You shall use the Services solely as contemplated in this Agreement and shall not license, sublicense, sell, resell, lease,
transfer, assign, distribute, time share or otherwise make the Licensed Materials available to any third party. You shall not:
(a) modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Licensed Materials
except to the extent expressly agreed upon in writing by Chekkit or to the extent that enforcement is prohibited by applicable
law notwithstanding a contractual provision to the contrary; (b) circumvent any user limits or other use restrictions that are
built into the Services; (c) access the Services in order to: (i) build a commercial competitive product or service; or (ii) copy
any features, functions or graphics of the Services; (d) share your user account with any third party.
5.4 Restrictions on Use of the Services.
You shall not (a) use, or permit the use of, the Services for an illegal purpose, criminal offence, intellectual property infringement,
harassment (including annoying or offensive transmissions), or in a manner that would cause interference with network operations,
attempt to bypass Chekkit's network, or re-arrange, disconnect, remove, repair or otherwise interfere with any Services or facilities;
or (b) remove any proprietary notices, labels, or marks from the Licensed Materials or modify, alter, or deface any of the trademarks,
service marks, or other intellectual property made available through the Services nor use any of the foregoing except for the specific
purpose for which such intellectual property is made available to You.
5.5 Lawful Purposes.
You will at any and all times comply with any and all laws, regulations and policies that may apply to the use of the Services in Your
country, including applicable rules that govern the export or import of software. You will use the Services solely for lawful purposes.
In this respect You may not, without limitation (i) use the Services to manage any illegal operations, (ii) use any type of spider,
virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble
the technology underlying the Services (including our proprietary software which may be available for download on the Website),
(iii) send any unsolicited commercial communication not permitted by applicable law; (iv) endanger any part of any system or Internet
connection of Chekkit or any third party; (v) use the Services to store any personal information from individuals who have not
consented to your processing of their personal information. You acknowledge that it is your sole responsibility to ensure compliance
by you with anti-spam legislation, legislation concerning marketing, privacy and the processing of personal information, including
without limitation any information provided to you through the Service (whether by Users of by Chekkit).
5.6 Access to Your Account and Content.
You acknowledge and agree that Chekkit may access, use, preserve and/or disclose your account information and content if legally
required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to:
(a) comply with a legal process or request; (b) enforce this Agreement including investigation of any potential violation thereof;
(c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Chekkit,
its users or the public as required or permitted by law.
5.7 Exclusive Ownership.
Except for the rights and licenses granted in this Agreement, you acknowledge and agree that any and all intellectual property ("I P")
rights to or arising from the Licensed Materials are and shall remain the exclusive property of Chekkit and its licensors. Nothing in
this Agreement intends to transfer any such IP rights to, or to vest any such intellectual property rights in, You. You are only
entitled to the limited use of the intellectual property rights granted to You in this Agreement. You will not take any action to
jeopardize, limit or interfere with Chekkit’s IP rights. Any unauthorized use of Chekkit 's intellectual property rights is a violation
of this Agreement as well as a violation of intellectual property laws and treaties, including without limitation copyright laws and
As between You and Chekkit, you own the content You provide, create, store and process through the Services (include information provided
by Users to you through the Service). Except for material we may license to you, Chekkit does not claim ownership of the materials and/or
content you submit through the Services (“Content”) and we treat your Content as confidential information. However, by using the Services
you grant Chekkit a worldwide, royalty-free, non-exclusive license to collect, use and store such Content solely for the purpose of
providing you with the Services. Chekkit may collect usage and other aggregate and anonymized service data for the purpose of providing
the Service and for its own purposes.
“Confidential Information” means information of a party (“Disclosing Party”) that the other party (“Receiving Party”) receives in connection
with the Services, which based on the circumstances under which it was disclosed, a reasonable person would believe to be confidential to
the Disclosing Party. A Receiving Party shall (i) limit access and use of Disclosing Party’s Confidential Information to those of Receiving
Party’s employees and agents that require such access and use in connection with the Services; (ii) not disclose Disclosing Party’s
Confidential Information to third parties, unless authorized under this Section of the Terms; (iii) protect the Disclosing Party’s
Confidential Information as it protects its own Confidential Information, but in any event with not less than a reasonable degree of
care; and (iv) not use the Disclosing Party’s Confidential Information for any purpose except as required to perform its obligations
hereunder or as otherwise specifically permitted hereunder. Nothing in this Section shall prevent a Receiving Party from disclosing
Confidential Information to a third party to the extent that such Confidential Information is: (i) previously known to the Receiving
Party prior to disclosure by the Disclosing Party, without any obligation of confidentiality; (ii) publicly known or becomes publicly
known through no breach of this Agreement by the Receiving Party; (iii) rightfully received from a third party under no confidentiality
obligation with respect to the Confidential Information; or (iv) independently developed by the Receiving Party without use of the
Disclosing Party’s Confidential Information.
5.10 Internet Security and Data Breach.
Chekkit uses commercially reasonable, industry standard security measures to protect your Confidential Information against accidental or
unlawful loss, access or disclosure. However, despite such efforts, you acknowledge and understand that there is risk in transmitting
information over the internet, and Chekkit does not guarantee that there will not be, and is not responsible for, third party security
breaches (“Third Party Data Breach” ), except to the extent that such Third-Party Data Breach arose as a result of Chekkit’s gross
negligence or willful misconduct. You hereby release and waive Chekkit from and against any claims in connection with any such
Third-Party Data Breach.
5.11 Feedback. We welcome your suggestions, comments and feedback on the Services (“Feedback” ) as it helps us to improve
the product and our services. If you provide us with Feedback you agree that: (a) we are not subject to any confidentiality
obligations in respect to the Feedback; (b) the Feedback is not confidential or proprietary information belonging to you or any
third party and you have all of the necessary rights to disclose the Feedback to us; (c) Chekkit (including all of its successors
and assigns) may freely use Feedback without any restrictions; and (d) you are not entitled to receive any compensation or
re-imbursement of any kind. For greater certainty, Feedback does not contain any Content.
6. PAYMENT TERMS
6.1 Fees, Payment & Charges.
Your access to and use of the Services is subject to Your payment of the applicable fees due for the Services selected by You which are
set out in a quotation or invoice (the "Fees") and all other applicable amounts, charges and taxes indicated when You purchase Services
(or otherwise notified to You by Chekkit from time to time). Fees may be updated by Chekkit from time to time in its sole discretion.
Payments are due monthly in advance or annually in advance depending on your subscription package. All fees are non-refundable
(except under Section 3.6 in relation to material uncured breach of Chekkit). We may from time to time offer refunds of the first
month’s fees to new Subscribers at our sole discretion if they terminate within the first month of usage.
6.2 Monthly Subscription Payments.
For monthly subscriptions, invoicing and receipts are processed electronically using third party services, with payment due upon receipt
(i.e. Net 0-day payment terms).
6.3 Annual Subscriptions.
If You opt to subscribe for an annual subscription you may pay the fees by check, credit card,
wire transfer or other payment methods agreed with Chekkit from time to time, with Net 30-day payment terms.
6.4 Credit Card and Check Payments.
For purchased Services that will be delivered to You electronically, You shall: (i) keep the billing, credit card and payment information
You provide to Chekkit or its suppliers or payment processors, including name, credit card number and expiry date, mailing address,
email address and telephone number, accurate and up to date; otherwise, we may suspend the Services; (ii) promptly advise Chekkit if
Your credit card information changes due to loss, theft, cancellation or otherwise; (iii) be liable for Your failure to pay any Fees
billed to You by Chekkit caused by Your failure to provide Chekkit with up to date billing information. To offset its additional
processing costs, Chekkit may bill You for reasonable administrative charges as set from time to time for administrative or account
activities including: collection efforts due to non-payment, bounced checks or rejected payments. All such administrative charges
charged to You will be indicated to You on Your invoice or receipt and You shall pay all such charges.
6.5 Pre-authorized Payment.
By providing a credit card to Chekkit as part of your account set-up for Your monthly or annual pre-authorized payments, you authorize
Chekkit to charge Your credit card for all outstanding Fees, taxes and charges and outstanding account balances due under the Agreement,
and this constitutes Chekkit 's good and sufficient authority for so doing.
6.6 Service Suspension.
If Your payment method fails, Chekkit may deactivate or lock Your account within thirty (30) days of such default and collect Fees owing
using other collection mechanisms. You are solely responsible for all charges incurred under Your account by You or third-parties.
6.7 Taxes. Fees do not include tax.
You are responsible for paying all governmental sales, use, value-added, commodity, harmonized and other taxes imposed on Your purchase
or use of the Services. To the extent Chekkit is required to collect such taxes, the applicable tax will be added to Your billing account.
7. TECHNICAL SUPPORT
7.1 Technical Support.
Chekkit provides support directly and through third party customer support software for resolving customer and technical support issues.
Chekkit will provide support Monday through Friday from 9am ET to 6pm ET for the Services and will (i) use commercially reasonable efforts
to make the Services available during the hours specified on the Website except for: (a) planned downtime (where at least 48 hours advance
notice is provided), or (b) any unavailability caused by circumstances beyond Chekkit 's reasonable control, including without limitation,
acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those
involving Chekkit employees), or Internet service provider failures or delays, and (ii) provide the Services only in accordance with
applicable laws and government regulations.
7.2 Maintenance Services.
Chekkit provides upgrades to the Licensed Materials (including software) from time to time to provide new features and improvements,
bug fixes and error corrections which will be available with subsequent releases. Hosting is provided by a third-party provider on
behalf of Chekkit.
7.3 Modes of Contact.
You may contact Chekkit via its third-party support software or via email at SUPPORT@CHEKKITWIFI.COM.
8.1 Mutual Indemnification.
8.1.1 Your Indemnity.
You shall defend and/or settle at Your own expense, any claim, demand, suit or other proceedings made or commenced against Chekkit
a third party in relation to: (i) your Content and any other materials or information that You submit, post, transmit or otherwise
make available through the Services (ii) your violation of any third-party rights (including without limitation any rights under
anti-spam legislation, privacy legislation or otherwise).
8.1.2 CHEKKIT Indemnity.
Chekkit agrees to defend and/or settle at Chekkit’s own expense, any claim, demand, suit, or other proceeding made or brought against
You by a third party in relation to: an allegation that the use of the Licensed Materials as permitted hereunder infringes or
misappropriates the intellectual property rights of a third party.
The indemnifying party under Section 8.1.1 or 8.1.2 as applicable, shall pay all damages finally awarded by a court of competent
jurisdiction to the third-party claimant or any settlement amounts agreed by the indemnifying party. The indemnifying party’s obligations
under this Section 7.1 are subject to the condition that the indemnified party shall: (a) notify the indemnifying party promptly of any
claims within ten (10) days of being served with a claim, (b) permit the indemnifying party to control the defense and settlement of such
claims (provided that the indemnifying party’s counsel reasonably consults with counsel that the indemnified party may engage, and (c)
assist and cooperate with the indemnifying party, as requested by the indemnifying party at the indemnifying party’s expense, in defending
or settling the applicable claim.
8.2 WARRANTIES; DISCLAIMERS.
8.2.1 CHEKKIT hereby represents and warrants to You that (i) CHEKKIT has the right to grant to You the access to the Licensed Materials
provided hereunder; (ii) the Services will be performed in a good and workmanlike manner in accordance with the user documentation provided
to you; (iii) CHEKKIT uses and will continue to use commercially reasonable efforts to comply with applicable laws, rules and regulations;
(iv) to Chekkit’s knowledge the Services do not infringe the intellectual property rights of any third party; and (iv) CHEKKIT is not aware
of any actual or threatened suit against CHEKKIT by any third party based on an alleged violation of such rights by the Licensed Materials.
8.2.2 THE ABOVE-STATED LIMITED WARRANTIES REPLACE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. EXCEPT AS SPECIFICALLY PROVIDED IN THIS
SECTION, THE LICENSED MATERIALS ARE PROVIDED “AS IS” AND CHEKKIT DOES NOT MAKE ANY EXPRESS, IMPLIED OR STATUTORY WARRANTIES, CLAIMS OR
REPRESENTATIONS WITH RESPECT TO THE LICENSED MATERIALS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE,
INTEGRITY OF DATA, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. CHEKKIT FURTHER DOES NOT REPRESENT OR WARRANT THAT THE
SERVICES OR LICENSED MATERIALS WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR
WILL OPERATE WITHOUT PACKET LOSS, NOR DOES CHEKKIT WARRANT THE SECURITY OF ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET.
8.3 LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY NOR ANY OF ITS AFFILIATES, LICENSORS
OR SUBCONTRACTORS SHALL HAVE ANY LIABILITY TO THE OTHER OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES (WHETHER ARISING FROM THIS AGREEMENT,
RELATED TO THE SOFTWARE, OR TO ANY SERVICES PROVIDED HEREUNDER (INCLUDING BY CHEKKIT’S AFFILIATES, LICENSORS, SUPPLIERS, SUBCONTRACTORS AND/OR
DISTRIBUTORS) FOR ANY INDIRECT, RELIANCE, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO,
LOSS OF REVENUE OR PROFIT, LOSS OF OR DAMAGE TO DATA, BUSINESS INTERRUPTION, REPLACEMENT OR RECOVERY COSTS, ANY THIRD PARTY DATA BREACH AND/OR
OTHER UNAUTHORIZED ACCESS TO THE SERVICES (EXCEPT TO THE EXTENT THAT SUCH UNAUTHORIZED ACCESS IS DIRECTLY ATTRIBUTABLE TO CHEKKIT’S GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT), OR OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER ARISING FROM CONTRACT, EQUITY, TORT (INCLUDING NEGLIGENCE
OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY, EVEN IF A PARTY (INCLUDING ITS AFFILIATES, LICENSORS, SUPPLIERS, SUBCONTRACTORS AND/OR
DISTRIBUTORS) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. IN NO EVENT, SHALL CHEKKIT'S (INCLUDING ITS LICENSORS
AND SUBCONTRACTORS) AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF
LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT. THE DISCLAIMER OF REPRESENTATIONS, WARRANTIES
AND CONDITIONS AND LIMITATION OF LIABILITY CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. YOU ACKNOWLEDGE THAT BUT FOR THE DISCLAIMER OF
REPRESENTATIONS, WARRANTIES AND CONDITIONS AND LIMITATION OF LIABILITY, NEITHER CHEKKIT NOR ANY OF ITS LICENSORS WOULD GRANT THE RIGHTS GRANTED
IN THIS AGREEMENT. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO IMMEDIATELY CEASE USE OF
9. GENERAL TERMS
Chekkit may provide you with notices regarding the Services, including changes to this Agreement, by email and/or the Services.
9.2 Independent Contractors.
This Agreement does not create a partnership, franchise, joint venture or employment relationship between the parties
Chekkit m ay refer to You in Chekkit ’s customer list and may use Your corporate name and logo for this purpose and on the Website.For the avoidance of
doubt, Chekkit will not use Your name, logo, any other trademark or trade-name of Yours for any other purposes without Your prior consent.
Should any term or provision hereof be deemed unlawful, invalid, void or un-enforceable either in its entirety or in a
particular application, the remainder of this Agreement shall nonetheless remain in full force and effect and the invalid, void or unenforceable portion
will be severed from the Agreement.
9.5 Export Control.
Use of the Services may be subject to the export and import laws of the United States and other countries. You agree
to comply with all applicable export and import laws and regulations. In particular, but without limitation, the Services may not be exported or
re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the
U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, you represent and warrant that you are not located in any
such country or on any such list. You also agree that you will not use the Services for any purposes prohibited by United States or Canadian law.
9.6 Applicable Law and Venue.
This Agreement shall be governed by and construed in accordance with the laws of Alberta, Canada without giving effect to any conflict of laws
or provisions whether contained in Canadian law or the laws of Your current state or country of residence. Any legal proceedings arising out of
or relating to this Agreement will be subject to the jurisdiction of the courts of the province of Alberta, Canada. Each party hereby waives any
right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement.
9.7 Entire Agreement.
of the Services. For greater certainty, this Agreement governs and will take precedence over any other version of this Agreement (whether on the
Chekkit website or within the Services). This Agreement shall not be modified except by written agreement of the parties. Our failure to exercise
or enforce any right or provision under This Agreement shall not constitute a waiver of such right or provision. You may not assign any part of
This Agreement or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent.
If you have any questions about This Agreement or if you wish to receive any additional information, provide feedback or raise any concerns in
relation to the Services, please contact us at: SUPPORT@CHEKKITWIFI.COM
Last updated: July 4th, 2017
Chekkit Geolocation Services Inc. doing business as Chekkit (“Chekkit” or “We”) respects
WWW.CHEKKITWIFI.COM unless the context indicates otherwise.
also describes our practices for using, maintaining, protecting, and disclosing that
IF YOU ARE A USER, WE SHARE YOUR PERSONAL INFORMATION
COLLECTED THROUGH THE SERVICE WITH THE PROVIDER OF THE WIFI
NETWORK WHO HAS SUBSCRIBED FOR THE SERVICE
for any other purpose without your consent. We do not sell customer lists. You may withdraw
your consent to our processing of your Personal Information at any time. However,
withdrawing consent may result in your inability to continue using the Services.
● If you are a User, information that we may provide to any Subscriber (each as defined in
the in the Chekkit Terms of Service, www.chekkitwifi.com - Administrator’s use of
User’s information should be subject to a separate agreement between Administrator and
● information collected by us through a separate website, Service or service (such
● information collected by us which is non-personally identifiable information, such as
demographic statistics of our users (e.g. geolocation of our users), number of visitors,
what pages users access or visit, and average time spent on the Website, business contact
information or any personal information which has been anonymized; or
● information collected by any third party, including through any Servicelication or
content (including advertising) that may link to or be accessible from or on the Site or
The Services are not intended for persons under 13 years of age and members of the Services
must be 13 or older. We do not knowingly collect personal information from persons under
13. If you are under 13, do not use or provide any information on this Site or on or through
any of its features/register on the Site or Service, make any purchases through the Services,
use any of the interactive or public comment features of the Services or provide any
information about yourself to us, including your name, address, telephone number, email
address or any screen name or user name you may use. If we learn we have collected or
received personal information from a child under 18 without verification of parental consent,
we will delete that information.
INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
We collect several types of information from and about users of our Services, including information:
● by which you may be personally identified, such as name, postal address, email address,
telephone number and any other identifier by which you may be contacted online
or offline ("personal information");
● if you are a User, about your presence in a Subscriber’s Wi-Fi zone (using geolocation
● that is about you but on its own does not identify you; and/or service usage details.
● We collect this information:
● Directly from you when you provide it to us;
● Automatically as you navigate through the site; information collected automatically
through the site may include usage details, IP addresses, and information collected
through cookies and other tracking technologies;
● From third parties, for example, other third party services that are integrated with the
Services, our business partners and information visible through your permissions on
social media sites (for example, if you log in through your LinkedIn account, Google
account, or Facebook).
INFORMATION YOU PROVIDE TO US
The information we collect on or through the Services may include:
● Information that you provide by filling in forms on our Service.
● Records and copies of your correspondence (including email addresses), if you contact
us or if you contact others through the Services (such as through our check-in or
● Information you provide to us about other individuals
INFORMATION WE COLLECT THROUGH AUTOMATIC DATA COLLECTION TECHNOLOGIES
As you navigate through and interact with our Service, we may use automatic data collection
technologies to collect certain information about your equipment, browsing actions and
patterns, geolocation and usage patterns:
● When you access and use the Service, we may automatically collect certain details of
your access to and use of the Service, including traffic data, geolocation data, and other
communication data and the resources that you access and use on or through the Service.
● We may collect information about your mobile device and Internet connection,
including the device's unique device identifier, IP address, operating system, browser
type, mobile network information and the device's telephone number.
● Our Service collects real-time information about the geolocation of your device.
We and our third-party service providers may collect information about you in a variety of
ways. We and/or our third-party partners may employ various tracking technologies, such as
cookies, web beacons and analytics software, that help us better manage content on our
Service by informing us what content is effective.
When you visit our website or otherwise interact with the Service we (or third party data or ad
networks we work with) may send one or more “cookies” to your computer or other devices.
Cookies are alphanumeric identifiers stored on your computer through your web browser and
are used by most websites to help personalize your web experience. Some cookies may
facilitate additional site features for enhanced performance and functionality such as
remembering preferences, allowing social interactions, analyzing usage for site optimization,
providing custom content, allowing third parties to provide social sharing tools, and serving
images or videos from third party websites. Some features on this site will not function if you
do not allow cookies. We may link the information we store in cookies to any Personal
Information you submit while on our site.
We may use both session ID cookies and persistent cookies. A session ID cookie expires
when you close your browser. A persistent cookie remains on your hard drive for an extended
period of time. Persistent cookies enable us to track and target the interest of our users to
enhance the experience on our site. If you do not want information collected through the use
of cookies, there is a simple procedure in most browsers that allows you to automatically
decline cookies, or be given the choice of declining or accepting the transfer to your computer
of a particular cookie (or cookies) from a particular site. You may also wish to refer to
http://www.allaboutcookies.org/manage-cookies/index.html. If you reject cookies, you may
still use our site, but some features on the site will not function properly.
Functional cookies, persistent and session type, store information to enable core site
Analytics cookies allow us to count page visits and traffic sources so we can measure and
improve the performance of our site and our marketing campaigns.
Advertising cookies may be set through our website by our advertising partners. Data may be
collected by these companies that enable them to serve up advertisements on other sites that
are relevant to your interests.
We (or third party data or ad networks we work with) may use Web Beacons alone or in
conjunction with cookies to compile information about our Service, or other information we
or they have collected. Web Beacons are tiny graphic objects that are embedded in a web
page or email and are usually invisible to the user but allow checking that a user has viewed
the page or email. Web Beacons may be used within the Service to track email open rates,
web page visits or form submissions. In some cases, we tie the information gathered by Web
Beacons to our Users’ Personal Information. For example, we use clear gifs in our HTML-
based emails to let us know which emails have been opened by recipients. This allows us to
gauge the effectiveness of certain communications and the effectiveness of our marketing
Flash and HTML5 Storage
We use Local Shared Objects, such as Flash cookies, AND/OR Local Storage, such as
HTML5, to store content information and preferences. Third parties with whom we partner to
provide certain features on our website or to display advertising based upon your web
browsing activity also use Flash cookies or HTML5 to collect and store information. Various
browsers may offer their own management tools for removing HTML5.
Do Not Track Signals
At this time, we do not respond to browser ‘do not track’ signals.
We and our third-party tracking-utility partners use log files on our Service to gather certain
information automatically and store it for analytical purposes. This information includes
internet protocol (“IP”) addresses, browser type, internet service provider (ISP), referring/exit
pages, operating system, date/time stamp, and clickstream data. We use Google Analytics,
use of the Service and report on activities and trends. This service may also collect
information regarding the use of other websites, Services and online resources. You can learn
about Google’s practices by going to www.google.com/policies/privacy/partners/, and opt out
of them by downloading the Google Analytics opt-out browser add-on, available at
We use this information to track and aggregate Other Information to analyze trends,
administer the site, track users’ movements around the Service and to gather demographic
information about our user base as a in the aggregate.
We may partner with third party data or ad network(s) and other service providers to show
you relevant ads, including ads displayed on the Service and on other companies’ websites or
beacons to deploy and read cookie identifiers and Mobile Ad IDs, associated with your
activities on the Service, third party web sites, mobile Services or other information we
collect, to provide you targeted advertising based upon your interests. They may also use
these technologies, along with activity information they collect, to recognize you across the
devices you use, such as a mobile device and a laptop or other computer. These ad networks
and their customers may also use any of this information to measure ad performance,
understand their (or our) audience, or otherwise improve and enhance their marketing.
Similarly, we or a third-party data partner may associate cookies with hashed (non-human
readable) versions of your registration data (e.g., your email address), along with other
interest-based or demographic data. You can learn more about or opt out of this type of
advertising through the links in the following paragraph.
Mobile Opt Out: You can opt out of having your Mobile Ad IDs used for interest-based
mobile advertising by accessing the settings on your Servicele or Android mobile device, as
● Servicele Devices: If you have an Servicele device, you can opt out of most cross-
Service advertising by updating to iOS 6.0 or higher and setting Limit Ad Tracking to
‘ON.’ You can do this by clicking on Settings > General > About > Advertising, and
toggling Limit Ad Tracking to ‘ON.’
● Android Devices: If you have an Android device, you can opt out of most cross-Service
advertising by clicking on Google Settings > Ads, and selecting the option to opt-out of
Please note that these platforms control how these settings work, so the above instructions
may change. Likewise, if your device uses other platforms not described above, please check
the settings for those devices.
Web-Based Opt Out: If you wish to opt-out of many of the ad platforms that serve or support
interest-based advertising (or learn more about this type of advertising), go to
and http://preferences-mgr.truste.com/ to opt out in desktop and mobile web browsers. You
may download the Service Choices Service at www.aboutads.info/Servicechoices to opt out in
mobile Services. For individuals in the EU, please also visit http://www.youronlinechoices.eu/.
Please note that opting out does not opt you out of being served advertising. You will continue
to receive generic ads.
Social Media Features and Widgets
The Service includes social media features such as the Facebook Like button, and widgets,
such as the Share This button or interactive mini-programs that run on our Website. These
features may collect your IP address, which page you are visiting on our Website, and may
set a cookie to enable the feature to function properly. Social media features and widgets are
either hosted by a third party or hosted directly on our Website. Your interactions with these
HOW WE USE YOUR INFORMATION
We use information that we collect about you or that you provide to us, including any
● If you are a User, to communicate information about you (including your contact
information) and your use of the Services to Subscribers when you use their wifi
networks; this information may identify your personally and you should consult with the
Subscriber about their collection and use of your personal information through the
● To provide the Services to Users and Subscribers.
● To provide you with information, products, or services that you request from us.
● To fulfill any other purpose for which you provide it.
● To provide you with notices about your account/subscription, including expiration, and
● To carry out our obligations and enforce our rights arising from any contracts entered
into between you and us, including for billing and collection.
● To notify you about changes to our Service or any products or services we offer or
provide though it.
● To allow you to participate in interactive features on our Site or Service.
● In any other way, we may describe when you provide the information.
● To enhance you user experience through machine learning, such as by recommending
use of workspaces, promotion of products or services that we believe may of interest to
you, or otherwise improve the product and your experience. For any other purpose with
We may also use your information to contact you about our own and third-parties’ goods and
services that may be of interest to you. If you do not want us to use your information in this
way, please adjust your user preferences in your account profile.
We may also use the information we have collected from you to enable us to display
advertisements to our advertisers’ target audiences. Even though we do not disclose your
personal information for these purposes without your consent, if you click on or otherwise
interact with an advertisement, the advertiser may assume that you meet its target criteria and
may combine your information with other profile data it has obtained from other sources.
DISCLOSURE OF YOUR INFORMATION
We may disclose aggregated information about our users without restriction.
We may disclose personal information that we collect or you provide as described in this
● If you are a User, to Subscribers where you have registered with them, but only to the
extent that you use their Wi-Fi network; To our subsidiaries and affiliates.
● To contractors, service providers, and other third parties we use to support our business
solely for the purpose of them providing services to us.
● To a buyer or other successor in the event of a merger, divestiture, restructuring,
reorganization, dissolution, or other sale or transfer of some or all of Chekkit’s assets,
whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding,
in which personal information held by Chekkit about our Site or Service users is among
the assets transferred.
● To fulfill the purpose for which you provide it.
● For any other purpose disclosed by us when you provide the information.
We may also disclose your personal information:
● To comply with any court order, law or legal process, including to respond to any
government or regulatory request.
● To enforce or Servicely our terms of service and other agreements, including for billing
and collection purposes.
● If we believe disclosure is necessary or appropriate to protect the rights, property, or
safety of Chekkit, our customers, or others. This includes exchanging information with
other companies and organizations for the purposes of fraud protection and credit risk
TRANSFERS OF DATA
We use cloud-hosting service providers to provide hosting to us which means that your
personal information may be available to foreign government or its agencies under a lawful
order, irrespective of the safeguards we have put in place for the protection of your personal
information. As privacy laws vary from jurisdiction to jurisdiction, the privacy laws
Servicelicable to the places where your information is transferred to or stored, used or
processed in, may be different from the privacy laws Servicelicable to the place where you
CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION
We strive to provide you with choices regarding the personal information you provide to us.
We have created mechanisms to provide you with the following control over your
● Tracking Technologies and Advertising. You can set your browser to refuse all
or some browser cookies, or to alert you when cookies are being sent. To learn how you
can manage your Flash cookie settings, visit the Flash player settings page on Adobe's
then be inaccessible or not function properly.
● Promotional Offers. If you do not wish to have your contact information used by us to
promote our own or third parties' products or services, you can opt-out by sending us an
email stating your request to [EMAIL] or by following the opt-out instructions in any
promotional communication we send to you. If we have sent you a promotional email,
you may send us a return email asking to be omitted from future email distributions.
● Targeted Advertising. If you do not want us to use information that we collect or that
you provide to us to deliver advertisements according to our advertisers’ target-audience
preferences, you can opt-out by sending us an email stating your request to [EMAIL].
We do not control third parties’ collection or use of your information to serve interest-based
advertising. However, these third parties may provide you with ways to choose not to have
your information collected or used in this way.
TRANSFERS OF DATA
If you are a Subscriber, you can review and change your personal information by logging into
the Site or Service and visiting your account profile page.
You may also send us an email at SUPPORT@CHEKKITWIFI.COM to request access to,
correct or delete any personal information that you have provided to us. We cannot delete
your personal information except by also deleting your user account. We may not
accommodate a request to change information if we believe the change would violate any law
or legal requirement or cause the information to be incorrect.
If you delete your User Contributions from the Site and/or Service, copies of your User
Contributions may remain viewable in cached and archived pages, or might have been copied
or stored by other Site or Service users. Proper access and use of information provided on the
We will keep your personal information for as long as it remains necessary for the identified
purpose or as required by law, which may extend beyond the termination of our relationship
with you. We may retain certain data as necessary to prevent fraud or future abuse, or for
legitimate business purposes, such as analysis of aggregated, non-personally-identifiable data,
account recovery, or if required by law. All retained personal information will remain subject
databases, it may not be possible to completely delete all your personal information due to
technological and legal constraints (see further above under Access and Correcting Your
SAFETY AND SECURITY
We use commercially reasonable efforts to store and maintain your Personal Information in a
secure environment. We take technical, contractual, administrative, and physical security
steps designed to protect Personal Information that you provide to us. We have implemented
measures designed to secure your personal information from accidental loss and from
unauthorized access, use, alteration, and disclosure. All information you provide to us is
stored on our secure servers. Any payment transactions will be encrypted using 2048 bits SSL
The safety and security of your information also depends on you. Where we have given you
(or where you have chosen) a password for access to certain parts of our Site or Service, you
are responsible for keeping this password confidential. We ask you not to share your
password with anyone. We urge you to be careful about giving out information in public
areas of the Site or Service like message boards. The information you share in public areas
may be viewed by any user of the Services.
Unfortunately, the transmission of information via the Internet and mobile platforms is not
completely secure. Although we do our best to protect your personal information, we cannot
guarantee the security of your personal information transmitted to our Site or Service. Any
transmission of personal information is at your own risk. We are not responsible for
circumvention of any privacy settings or security measures contained on the Site or Service.
ensuring we have an up-to-date active and deliverable email address for you, and for
TERMS OF SALES
Annual Contract, Paid Monthly & Subscription Auto Renewals
Chekkit WiFi Service begins as soon as your initial payment is processed. You’ll be charged
the rate stated at the time of purchase for the Chekkit Access Point, plus applicable taxes. You
will be charged 30 days after initial purchase for your Chekkit WiFi monthly subscription, and
every month after for the duration of your annual contract. Your contract will renew automatically,
on your annual renewal date, until you cancel. Renewal rates are subject to change, but you will
be notified of any changes in your subscription price, with the option to cancel in accordance with these terms.
If we cannot charge your payment method for any reason (such as expiration or insufficient funds),
and you have not cancelled the paid subscription, you remain responsible for any uncollected amounts,
and we will attempt to charge the payment method as you may update your payment method information. This
may result in a change of date in which you are billed for each monthly period.