Terms of Service
Applicable from 4th November, 2019
Chkfake allows its users, via the Chkfake website and domain name offered from time to time (collectively, the “Website”) and/or the Chkfake mobile application (the “Application” and together with the Website, the “Chkfake Service”), to scan and search for branded products and currency notes and help users to determine the authenticity of such items. The Chkfake Service is owned and operated by Chkfake Brand Protection Solutions Private Limited, a company incorporated under Indian laws (“Chkfake”, “We” or “Us”). For the purpose of these Terms of Service and the Chkfake Service, “currency notes” means any legal tender issued by a central bank of a sovereign nation and “branded products” means any physical product which is marketed under a trademark registered in any sovereign jurisdiction.
Your use of the Chkfake Service is subject to the terms and conditions set forth in these Terms of Service (the “Terms of Service”).
PLEASE READ THE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING ANY PART OF THE CHKFAKE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND TO ALL THE TERMS OF THE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE CHKFAKE SERVICE. USE OF THE CHKFAKE SERVICE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS OF SERVICE.
1. Persons who can use Chkfake
The Chkfake Service is meant for those at least thirteen (13) years of age. Use of the Chkfake Service by anyone under the age of thirteen (13) years is a violation of the Terms of Service. You hereby represent that you are at least thirteen (13) years of age. If you are under the age of eighteen (18) years, you represent that you have the consent of a parent or legal guardian to use and access the Chkfake Service.
2. Updates to Terms of Service; Integration
We may, in our sole discretion, modify the Terms of Service by posting notice on the Website, the Application, any part of the Chkfake Service or via email. The “Last Updated” date at the top the Terms of Service will indicate when the latest modifications were made to the Terms of Service. By continuing to access and use the Chkfake Service after the Terms of Service are modified, you agree to such modifications. Therefore, you are responsible for reviewing and should become familiar with any such modifications. We recommend that you review the Terms of Service prior to each use of the Chkfake Service.
In addition, when using particular services or features on the Chkfake Service, you will be subject to guidelines or policies applicable to such services or features that may be posted from time to time, including but not limited to the Privacy Policy as noted below. All such guidelines or policies are hereby incorporated by reference into these Terms of Service.
3. Privacy Policy
Use of the Chkfake Service is subject to the terms of our Privacy Policy found at the end of this document, which is hereby incorporated into and made part of these Terms of Service. Please carefully review our Privacy Policy. By using or accessing the Chkfake Service, you agree to be bound by the terms of our Privacy Policy.
4. Usage of Chkfake Services: Usage of Chkfake Service shall be subject to the following:
a. the Chkfake Service is only a means of verifying the genuineness of currency notes and branded products. Chkfake returns a result on the basis of your responses to a series of questions related to these anti-counterfeiting features on the currency notes or branded products, and the Issuing Bank’s/ Brand owner’s instructions on how each response is to be interpreted;
b. Alternatively, the Chkfake Service provides a step by step description of each anti-counterfeiting feature on the currency note or branded product via a series of visual and text instructions as sourced from the Issuing Bank or publicly available information issued by the Brand owner, and allows you to reach your own conclusion with regards to its authenticity.
c. you agree that you shall enter into any transaction for any usage of any currency note or branded product on an independent basis and Chkfake does not have any control or does not advise or determine in any way involve itself in the transaction;
d. we do not implicitly or explicitly support or endorse any usage of any currency note or branded product verified by you using the Chkfake Service;
e. we are not responsible for any disagreement, conflict or legal liability between you and another party due to any transaction involving a currency note or branded product verified using the Chkfake Service. At no point in time shall Chkfake have any obligations and/or liabilities in respect of the currency note or branded product and it is acknowledged that any breach of promise or any debt incurred or any other liability incurring from a transaction involving a currency note or branded product verified using the Chkfake Service remains the responsibility of you and your transacting party alone.
5. Intellectual Property
a. Intellectual Property owned by Chkfake: You acknowledge that all materials at the Chkfake Service, including the Website, Application, and the Chkfake Service design, graphics, text, sounds, pictures, and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of Chkfake and/or its licensors, and are subject to and protected by Indian and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in these Terms of Service are reserved to their respective copyright/ intellectual property owners. Chkfake authorizes you to view, download and/or print the Materials only for personal, non-commercial use, and for use of Chkfake Service provided that you keep intact all copyright and other proprietary notices contained in the original Materials. Except as expressly authorized by the Terms of Service, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, scrape, copy, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Chkfake or the respective copyright owner. In the absence of a written agreement, you may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described at the Website, the Application, or the Chkfake Service are the sole property of Chkfake and/or its licensors and may not be copied, altered or otherwise used, in whole or in part, without the prior written authorization of Chkfake and/or its licensors. In addition, all page headers, custom graphics, button icons and scripts are the property of Chkfake and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Chkfake. Chkfake reserves the right to enforce its intellectual property rights to the fullest extent of the law.
b. Licensed use: For the avoidance of doubt, your use of the Chkfake Service is solely and exclusively under the limited license granted herein and you will not obtain any ownership interest therein through the Terms of Service or otherwise. All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with any aspect of the Chkfake Service are either the property of Chkfake, its affiliates or licensors. Chkfake retains the right to rescind and terminate the limited license granted hereunder at any point, for any reason. Upon termination of this Agreement, the license shall also terminate and all rights shall revert to Chkfake without the taking of action on the part of either party. All rights not expressly granted herein by Chkfake to you are fully reserved by Chkfake, its advertisers and licensors.
c. Third party intellectual property: Some of the company and product names, logos, brands, and other trademarks featured or referred to within the Chkfake Service may not be owned by Chkfake, and are the property of their respective trademark holders. These trademark holders are not affiliated with, nor do they sponsor or endorse, Chkfake, the Chkfake Service, our products and services, the Website and/or the Application unless explicitly stated otherwise.
5. Intellectual Property
a. Intellectual Property owned by Chkfake: You acknowledge that all materials at the Chkfake Service, including the Website, Application, and the Chkfake Service design, graphics, text, sounds, pictures, and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of Chkfake and/or its licensors, and are subject to and protected by Indian and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in these Terms of Service are reserved to their respective copyright/ intellectual property owners. Chkfake authorizes you to view, download and/or print the Materials only for personal, non-commercial use, and for use of Chkfake Service provided that you keep intact all copyright and other proprietary notices contained in the original Materials. Except as expressly authorized by the Terms of Service, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, scrape, copy, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Chkfake or the respective copyright owner. In the absence of a written agreement, you may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described at the Website, the Application, or the Chkfake Service are the sole property of Chkfake and/or its licensors and may not be copied, altered or otherwise used, in whole or in part, without the prior written authorization of Chkfake and/or its licensors. In addition, all page headers, custom graphics, button icons and scripts are the property of Chkfake and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Chkfake. Chkfake reserves the right to enforce its intellectual property rights to the fullest extent of the law.
b. Licensed use: For the avoidance of doubt, your use of the Chkfake Service is solely and exclusively under the limited license granted herein and you will not obtain any ownership interest therein through the Terms of Service or otherwise. All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with any aspect of the Chkfake Service are either the property of Chkfake, its affiliates or licensors. Chkfake retains the right to rescind and terminate the limited license granted hereunder at any point, for any reason. Upon termination of this Agreement, the license shall also terminate and all rights shall revert to Chkfake without the taking of action on the part of either party. All rights not expressly granted herein by Chkfake to you are fully reserved by Chkfake, its advertisers and licensors.
c. Third party intellectual property: Some of the company and product names, logos, brands, and other trademarks featured or referred to within the Chkfake Service may not be owned by Chkfake, and are the property of their respective trademark holders. These trademark holders are not affiliated with, nor do they sponsor or endorse, Chkfake, the Chkfake Service, our products and services, the Website and/or the Application unless explicitly stated otherwise.
6. Third Party Sites
Links at the Website, the Application or via the Chkfake Service to third party websites and services are provided only as a convenience to you. If you use these links, you will leave the Website or Application, and potentially the Chkfake Service. Chkfake does not control nor endorse any such third party websites. You agree that the Chkfake Parties, as defined below, will not be responsible or liable for any content, goods or services provided on or through these third party websites or for your use or inability to use such third party websites. You will use such links at your own risk. Your interactions with organizations and/or individuals found on or through the Chkfake Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You are advised that other websites on the Internet, including third party websites linked from the Chkfake Service, might contain material or information: that some people may find offensive or inappropriate; that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libellous, infringing of others’ rights or otherwise unlawful. Chkfake expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website.
7. Use of the Chkfake Service by a registered user
a. Registered user: You may be required to establish an account at the Website or the Application in order to take advantage of certain features of the Chkfake Service. If so, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website or the Application; and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate or outdated, or Chkfake has reasonable grounds to suspect that such information is false, inaccurate or outdated, Chkfake has the right to suspend or terminate your account and prohibit any and all current or future use of the Chkfake Service by you.
b. Confidentiality of account details: You may be prompted to create a username and password to use certain features of or otherwise participate in the Chkfake Service. If so, you are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. Your account is meant to be private and you shall not share accounts, use another user’s account, nor allow others to use your account for any reason. You agree to: (a) immediately notify us of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. You agree to be responsible for all charges/ content resulting from the use of your account via the Chkfake Service, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying Chkfake. The Chkfake Parties cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
c. Usage only for lawful purposes: You agree to use the Chkfake Service only for lawful purposes and that you are responsible for your use of and communications and content you post via the Chkfake Service. You agree not to post on or transmit through the Chkfake Service any unlawful, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, impersonates any individual or entity, or otherwise violates any applicable local, state, national or international law. Chkfake Service is intended to enable You to report instances of products infringing on Intellectual Property Rights of others and this is permitted under these Terms of Use. You agree not to use the Chkfake Service in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Chkfake Service. You further agree to be bound by the Guidelines and Policies on content that may be posted on the Website or Chkfake Service from time to time.
d. Usage on as-is basis: You may not do any of the following while accessing or using the Chkfake Service: (i) access, tamper with, or use non-public areas of the Chkfake Service, our computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Chkfake Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with us; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Chkfake Service to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Chkfake Service, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Chkfake Service.
You shall not use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Website or the Chkfake Service. You agree that you shall not decompile, reverse engineer, or otherwise attempt to obtain the source code of any part of the Chkfake Service.
e. Third party interface: You further agree that you will not access the Chkfake Service by any means except through the interface provided by Chkfake for access to the Chkfake Service. Creating or maintaining any link from another website or application to any page at the Website or Application without the prior authorization of Chkfake is prohibited. Running or displaying this Website, the Application, or the Chkfake Service, or any information or material displayed via the Chkfake Service in frames or through similar means on another website or application without the prior authorization of Chkfake is prohibited. Any permitted links to the Chkfake Service must comply with all applicable laws, rule and regulations.
f. Usage outside India: Chkfake makes no representation that verification provided via the Chkfake Service are accurate, appropriate or available for use in jurisdictions outside India, or that these Terms of Service comply with the laws of any other country. Visitors who use the Chkfake Service and reside outside the India do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the Chkfake Service from any territory where its contents are illegal, and that you, and not the Chkfake Parties, are responsible for compliance with applicable local laws.
8. Content
All content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. You acknowledge that all content transmitted or accessed by you using the Chkfake Service, is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. You remain solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Chkfake Service, and you warrant that you possess all rights necessary to provide such content. We reserve the right to remove any objectionable content in our sole discretion. You understand that by posting content on Chkfake Service or otherwise providing content to us or in connection with the Chkfake Service, you hereby grant us a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sub-licensable and transferable right to fully exploit such content (including all related intellectual property rights) in connection with the our business, including without limitation for promoting and redistributing part or all of the Chkfake Service (and derivative works thereof) in any media formats and through any media channels. You understand that we retain the right to reformat, modify, create derivative works of, excerpt, and translate any content submitted by you.
For purposes of these Terms of Service, the term “content” includes, without limitation, any merchandise, location information, reviews, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible through the Chkfake Service.
9. Termination
You may terminate your use of the Chkfake Service at any time. You agree that Chkfake may terminate or suspend your access to all or part of the Chkfake Service, with or without notice, for any or no reason, in its sole discretion, which may result in the forfeiture and/or destruction of all information associated with your use of the Chkfake Service. Chkfake reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website, the Application or the Chkfake Service (or any part thereof) with or without notice.
10. Warranties, Disclaimers and Limitations of Liability
You expressly understand and agree that:
Your use of the chkfake service and any online or offline interaction with other users or providers of products is at your sole risk. the chkfake service and the associated materials and content are provided on an “as is” and “as available” basis. except as otherwise expressly provided in these terms of service, chkfake, its parent, subsidiary and other affiliated companies, and their respective officers, directors, employees, agents and other representatives (collectively, the “chkfake parties”), expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. without limiting the generality of the foregoing, the chkfake parties make no warranty that: (i) the chkfake service will meet your requirements; (ii) the chkfake service will be uninterrupted, timely, secure, or error-free; (iii) information that may be obtained via the chkfake service will be accurate or reliable; (iv) the quality of any and all information or other material, including all currency notes verified by you through the chkfake service will meet your expectations or needs; and (v) any errors in the chkfake service will be corrected.
You further acknowledge that (i) chkfake does not screen the authenticity or quality of any material or content or any provider of material or content, including without limitation any currency notes or branded products verified through the chkfake service; (ii) chkfake makes no representations or promises regarding any material or content, and that many of the material or content provided via the chkfake service may be owned or licensed by third parties; (iii) chkfake is not a party, directly or indirectly, to any transaction between you and any provider of currency notes. or branded products. any dispute shall be resolved between yourself and the provider of such currency notes or branded products without impleading or involving, directly or indirectly, chkfake or any of the chkfake parties; (iv) any information, materials, or content on the chkfake service, including any facebook or twitter page, are for informational purposes only.
The chkfake parties shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use the chkfake service, including any liability: (i) as a publisher of information; (ii) for any incorrect or inaccurate information or any ‘bug’ of the chkfake service; (iii) for any unauthorized access to or disclosure of your transmissions or data; (iv) for statements or conduct of any third party on or via the chkfake service; (v) for any disputes between users of the chkfake service or between a user of the chkfake service and a third party; or (vi) for any other matter relating to the chkfake service or any third party website. this is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, special, incidental or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if an individual advises the chkfake parties of the possibility of such damages. the limitations of liability set forth herein are fundamental elements of the basis of the bargain between chkfake and you. the products, information and services offered on and through the chkfake service would not be provided to you without such limitations.
Notwithstanding the foregoing, the sole and entire maximum liability of the chkfake parties for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you directly to chkfake via the chkfake service for services provided solely and directly by chkfake to you.
Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. accordingly, some of the above disclaimers and limitations may not apply to you.
You represent and warrant to chkfake that you are an individual (i.e., not a legal entity) and you are of legal age to form a binding contract or have your parent’s permission to do so, and you are at least 13 years or age; all registration information you submit is accurate and truthful; you will maintain the accuracy of such information; and you are legally permitted to use and access the chkfake service and take full responsibility for the selection and use of and access to the chkfake service.
11. Indemnification
You agree to indemnify, defend and hold harmless the Chkfake Parties against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys’ fees), resulting or arising from or relating to your use of or conduct via Chkfake Service, any activity related to your account by you or any other person, any Content that you submit to, post on or transmit through the Chkfake Service, your breach of these Terms of Service including any of the express or implied representations and warranties, your infringement or violation of any rights of another, or termination of your access to the Chkfake Service. We reserve the right to assume, at our sole expense, the exclusive defence and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defence of any such claim, action, settlement or compromise negotiations, as requested by us.
12. Applicable Law and Jurisdiction
Your use of the Chkfake Service is governed by and will be enforced under the laws of the Republic of India without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Delhi, India. You agree that printed copies of any and all agreements and/or notices in electronic form are admissible in any legal or regulatory proceedings. Chkfake may seek any interim or preliminary relief from a court of competent jurisdiction in Delhi, India necessary to protect its rights pending the completion of arbitration. Each party shall assume its own costs of litigation.
13. Miscellaneous.
These Terms of Service (as updated by Chkfake from time to time) constitute the entire and only Terms of Service between Chkfake and each user of the Chkfake Service with respect to the subject matter of these Terms of Service.
If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected.
The failure of the Chkfake Parties to insist upon strict adherence to any term of these Terms of Service shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term contained in these Terms of Service. You may not assign your obligations or rights hereunder to another entity or individual. We may transfer, assign or delegate these Terms of Service and its rights and obligations without your consent.
We shall have no liability to you hereunder if we are prevented from or delayed in performing our obligations, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of us or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.
No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind us in any respect whatsoever.
No action arising out of these Terms of Service or your use of the Chkfake Service, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
14. Customer Service
If you have any comments or questions regarding these Terms of Service, or wish to report any violation of these Terms of Service, you may contact us at contactus@chkfake.com
15. Grievance Redressal
In the event of any grievance arising from the usage of Chkfake Services, the Users can address their grievances to the grievance redressal forum of the Company. In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are –
Tanmay Jaswal
email: contactus@chkfake.com
© Chkfake Brand Protection Solutions Private Limited, 2019
