Terms & Conditions

Terms & Conditions

Wifi Usage Terms of Service and Privacy Policy

READ CAREFULLY. THESE TERMS IMPOSE OBLIGATIONS AND RESTRICTIONS UPON YOU.

• Application of Terms

• This WiFi Internet access service (“Service”) is provided by CHEKKIT GEOLOCATION SERVICES INC. (“Chekkit“). If you wish to use the Service then you must accept these terms of use (“Terms”), which form an agreement between you and Chekkit and govern your use of the Service. If you do not agree with these Terms and Chekkit’s privacy policy www.chekkitwifi.com (“Privacy Policy”) then you must not use the Service. Clicking “Accept” or continuing to use the Service shall be evidence of your acceptance of these Terms.

• Chekkit may modify these Terms at any time without your consent or authorization, including modification or termination of the Service, or any components thereof. Chekkit may notify you of any changes to these Terms by posting notice of the modified Terms on the initial page that is presented to you when you first access the Service from a “Hotspot” (as defined below). You agree to periodically review the then-current Terms and/or Privacy Policy in order to be aware of any modifications and your continued use of the Service shall be deemed to be your acceptance of the modified Terms and/or Privacy Policy, as applicable. If you do not agree to any modification of these Terms, you agree that you will be unable to use the Service.

• The Service

• Where you have accepted these Terms, the Service provides you with access to the Internet via a wireless access point (or points) (each a “Hotspot“) utilizing one or more of the 802.11a/b/g/n protocols commonly referred to as “Wi-Fi”.

• The Service is only available in locations where a Hotpost is located and active. No warranties or guarantees are given regarding the availability or quality of any Hotspot connection, whether or not a Hotspot may have been available at such location in the past or otherwise advertised as being available at such location.

• You are solely responsible for all access to and use of the Service by you any user of your device(s), including any breach of these Terms. For the purposes of these Terms, “you” means you and every person you authorize to use the Service.

• On connection to the wifi network by means of entering your phone number or email, you hereby give consent to Chekkit and its partners to deliver electronic promotional and marketing material to you through the given phone number or email.

• Access

• In order to access the Service, you must login using a third platform authorization procedure (such as through Facebook, Twitter, Google or others as we may make available from time to time), or by supplying your name and e-mail to Chekkit, or, if available, as a guest and not supplying any additional information.

• By authorizing Chekkit to access your Facebook account, you hereby grant Chekkit access to certain information in your Facebook profile, including but not necessarily limited to: basic information including (but not limited to) age, birthdate, name, gender, location, email address; extended profile information including (but not limited to) events, check-ins, “likes”, interests, friends, friends of friends, groups, etc.; and, other information which the OAuth procedure allows Chekkit to access. By authorizing Chekkit to access your Twitter account, you hereby grant Chekkit access to certain information in your Twitter profile, including but not necessarily limited to: screen name, name, location, profile picture; and, other information which the OAuth procedure allows Chekkit to access. If at any point the information Chekkit requires by your access necessitates a higher level of Facebook or Twitter profile access through OAuth authorization, these Terms shall be amended accordingly and Chekkit will notify you of said changes in the manner set forth above.

• Furthermore, by agreeing to allow Chekkit to access your Facebook or Twitter profile through the OAuth procedure, you hereby agree to any and all Terms imposed on you by Facebook, Inc. or Twitter in connection with the OAuth procedure, your use of the Facebook or Twitter website and any and all sites and/or applications or other data or content in connection therewith.

• Acceptable Use Policy

• You are responsible for your use of the Services. You shall not use or allow others to use the Service if such use:

• is for, or results in, any illegal, abusive, annoying or offensive activities, including making available offensive content, the commission or encouragement of a criminal offence, stalking, harassment, spamming, disrupting or interfering with the Internet, any network, computers, or other devices, transmission of a virus or other harmful component, defamation, intellectual property infringement, or interference with other clients’ service;

• consumes excessive network capacity in Chekkit’s reasonable opinion, or causes its network, or its ability to provide services to others, to be adversely affected;

• is for multi-media streaming, continuous data transmission or broadcasts, automatic data feeds, automated machine to machine connections or peer-to-peer (P2P) file sharing, voice over Internet protocol or any other application that is not made available to you by Chekkit which uses excessive network capacity;

• is to provide a substitute or back-up for private lines or dedicated data connections such as DSL;or

• is to operate any server system (including email, web, or other kind of server).

• You shall not threaten abuse or harass any Chekkit employee or representative. You shall not (a) commit, attempt to commit, or allow others to commit or attempt to commit, any fraud against Chekkit including fraudulently obtaining Services, or (b) transform outbound communications into incoming communications or otherwise attempt to avoid applicable charges, or (c) otherwise abuse the Service or allow others to do any of the foregoing. You shall not resell, transfer, distribute, share or exploit for commercial purposes any Service. You must follow all other service and security regulations issued or adopted by Chekkit. Chekkit reserves the right to limit or lockout your use should such use be in contravention of these Terms. In addition, Chekkit, and the owner or proprietor of the site at which the Services are being offered at your time of access to the Services and/or a Hotspot (collectively, the “Service Provider(s)“) each reserve the right to limit or restrict your usage or the speeds at which you receive the Service at their discretion.

• Security & Privacy

• Chekkit respects your privacy and only uses your personal information according to its Privacy Policy available at www.chekkitwifi.com. However, Chekkit does not ensure or guarantee privacy for users of the Service. Any such use is at your sole risk. Use of shared WiFi connections represent additional security risks as compared with wired Internet connection because access to your compatible device is possible without being physically connected to your device, therefore, it is strongly recommended that you (and it is your responsibility to) ensure that the configuration of your device is secure. In order to work with the widest variety of devices, you acknowledge that the Hotspots do not provide any level of encryption (such as WEP, WPA or other encryption and authentication mechanisms).

• Chekkit is not be responsible for any corrupted files or viruses which affect the user of the Service. It is your responsibility to safeguard your system and devices through appropriate means (e.g. using commercially available software) from theft, unauthorized use or system corruption.

• Any detriment caused to the network as a result of your failure to properly secure your system may result in the immediate termination of your access to the Service.

• Your messages may be the subject of unauthorized third party interception and review. An individual with Internet access can cause damage, incur expenses and enter into contractual obligations while on the Internet. All such matters are your responsibility. Chekkit has no obligation to monitor the Service. However, you agree that Chekkit reserves the right to monitor the Service electronically from time to time and to disclose any information necessary to satisfy any laws, regulations or other governmental request or as necessary to operate the Service or to protect itself or others.

• Service Bandwidth Resale or Redistribution Prohibited

Resale or redistribution of bandwidth or any other part of the Service for any purpose is strictly forbidden. Failure to comply with this condition will result in immediate cancellation of access to the Services.

• IP Address / Host Name

Any IP address assigned to you by Chekkit is the property of Chekkit at all times. IP addresses may change each time you access at Hotspot, or any time at the discretion of Chekkit without prior notice to you. Chekkit assumes no liability whatsoever for any claims, damages, losses or expenses arising out of or otherwise relating to any change in IP Addressing.

• No Liability For Content

Be aware that some content, products or services (“Content“) available with or through the Service may be offensive to you or may not comply with applicable laws where you access the Services. You understand that neither Chekkit nor any of its affiliates attempt to censor or monitor any such Content. You assume total responsibility and risk for access to or use of such Content and for use of the Internet. Chekkit and its affiliates assume no liability whatsoever for any claims or losses arising out of or otherwise relating to access to or use of such Content.

• Third-Party Websites.

his Website (including User Content) may contain links to other websites that are not owned or controlled by CHEKKIT. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by CHEKKIT of that third party, third party product or service. CHEKKIT is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website(s) does not imply that CHEKKIT endorses or accepts any responsibility for the content or use of such websites, and You hereby release CHEKKIT from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.

• DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS.

THE SERVICE, AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS." CHEKKIT SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. CHEKKIT DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SERVICE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM THROUGH THE SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE SERVICE, AND CHEKKIT SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. CHEKKIT WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.

• LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES SHALL CHEKKIT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE SERVICE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE SERVICE, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE SERVICE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF CHEKKIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CHEKKIT’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID CHEKKIT IN THE PRIOR 12 MONTHS (IF ANY)THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

• INDEMNIFICATION

YOU SHALL INDEMNIFY AND HOLD CHEKKIT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCURRED IN CONNECTION WITH ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICE AND/OR ANY VIOLATION BY YOU OF THESE TERMS OF USE.

• User Suspension

These Terms may be terminated by you by ceasing to utilize the Services. Chekkit may suspend or restrict the Service, at any time without notice, or terminate these Terms, including your right to access or use the Service, at any time if: (i) the operation or efficiency of the Service is impaired by your use of the Service; or (ii) you have breached of any term or condition of these Terms. Chekkit shall have no responsibility to notify any third party providers of services, merchandise or information of such termination or suspension. Any termination of your right to use and/or access the Service and/or these Terms shall not relieve you from any liability accruing hereunder prior to the time that such termination becomes effective.

• General.

These Terms of Use, together with any privacy policy that may be published on the Website, constitutes the entire agreement between the parties relating to the Website and Service and all related activities. These terms of use shall not be modified except in writing signed by both parties or by a new posting of these terms of use issued by CHEKKIT. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of CHEKKIT to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by CHEKKIT must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the terms of use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without CHEKKIT’s prior written consent.