Terms of Service
All content on the Brand Protection App being a mobile based application developed by ChkFake Brand Protection Solutions Private Limited (“the App”) is owned by Mondelez India Foods Private Limited (MDLZ) and is made available to you for reporting of infringement of MDLZ products. This is a legally binding agreement between you and MDLZ.
Eligibility to Use
Use of App is only available to MDLZ employees or business partners who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872, including minors, un-discharged insolvents etc. are not eligible to use the App.
We provide registration through whitelisting of User Accounts controlled by User mobile numbers. If you use App as a Registered User, you are responsible for maintaining the confidentiality of your account and for maintaining restricted access to your smartphone or tablet or like device to prevent unauthorised access to your account.
Your Use of the App
Unless otherwise specified, MDLZ provides you a non-exclusive, limited, non-transferable, freely revocable permission to use the App for reporting of infringements of MDLZ products and as permitted by the feature of this App. The App is an additional application provided by MDLZ to its employees and business partners for reporting of infringements of MDLZ products. The App endeavors to provide a tool for effective reporting of infringements of MDLZ products and provide analytics for the same. Each reporting can be Geo Tagged using the App.
The App will enable you to take photos of the infringing products, insert information of the manufacturer or store where infringing product was found and report the same.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, or services obtained from the App. Any other use of materials on the App, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this App, without the prior written permission of MDLZ, is prohibited.
Any material you download, including but not limited to software, files, graphics, data or any other content, is owned by MDLZ or its licensors. When you download these materials, if any, they are provided to you by MDLZ under a license that is revocable. MDLZ retains full and complete title to the software and to all of the associated intellectual property rights. You may not redistribute or sell the material, nor may you reverse engineer, disassemble or otherwise convert it to any other form usable by humans.
Data You Submit
You acknowledge that you are responsible for any submission of data that you make on the App, including the correctness, completeness, legality and reliability of any such data.
MDLZ makes no warranties or representations about the accuracy or completeness of this App’s content, the materials, information and services on the App, including, without limitation, text, graphics, and links, are provided “as is” and “as available” basis and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, MDLZ disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance. MDLZ does not represent or warrant that the functions contained in the App will be uninterrupted or error-free, that defects will be corrected, or that this App or the server that makes the App available are free of viruses or other harmful components. MDLZ does not warrant that the App shall be constantly available or available at all. MDLZ does not make any warranties or representations regarding the use of the materials in this App in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Unlawful or Prohibited Use of the App
You should not attempt to get unauthorized access to any section of the App, accounts, computer systems or networks connected to any server or to any of the services related with the App through hacking, password mining or any other manner. Ensure that you do not obtain or attempt to get any material or information in anyway not intentionally made available through the App. In case, if we find that you have violated this term, we reserve the right to terminate your use of our App at any time with providing any prior notice.
Limitation of Liability
The App is an additional application provided by MDLZ to its employees and business partners for reporting infringements of MDLZ products. MDLZ shall not be held liable or responsible for any loss, damage or injury suffered by an employee or business partner in the course of his employment or otherwise, whether due to the use, inability to use, performance or lack of performance of the App. In no event shall MDLZ be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any damages whatsoever, even if MDLZ has been previously advised of the possibility of such damages, whether in an action under tort, contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this App. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.
MDLZ accepts no liability for any malicious manipulation of the App that results in incorrect or fraudulent communications being sent to you with the appearance that such communication was issued by MDLZ. Please take care to verify any such communication with MDLZ before relying on it.
You agree to indemnify, defend, and hold harmless MDLZ, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees and court costs, resulting from any violation of these terms and conditions (including, but not limited to, negligent or wrongful conduct or misuse of the App).
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and MDLZ and you shall have no authority to bind MDLZ in any manner whatsoever.
MDLZ controls and operates this App from the company’s headquarters in the Mumbai, India. We in no way warrant or imply that the materials on the App are appropriate for use outside of India. If you use the App from a location outside of India, you are solely responsible for compliance with any applicable local laws. Any claim relating to the application or your use of it shall be governed by the internal substantive laws of India, without regard to its conflict of laws provisions, and you agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to this App shall be with the courts of Mumbai.
Modification of the Application and these Terms
MDLZ is entitled to terminate all or any portion of this App at any time, without notice to you. MDLZ also reserves the right to change the terms, conditions, and notices for this App at any time by updating this posting and your use of the App following any such changes will constitute your consent to such modified terms. You agree to review these terms regularly to verify for changes. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages at this App.
Termination of this Agreement
This agreement is effective until terminated by either party. You may terminate the agreement at any time, by uninstalling the App and destroying all materials obtained from this App, along with all related documentation and all copies and installations. MDLZ may terminate this agreement at any time and without prior notice to you if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials obtained from this App, along with all related documentation and all copies and installations.
If any provision of this agreement is unlawful, void or unenforceable; the remaining provisions of the agreement will remain in place. This is the entire agreement between you and MDLZ regarding all aspects of your use of this App.
Mondelēz India Foods Private Limited and its subsidiaries and affiliates and associate companies (individually and/ or collectively, “Mondelēz”) is/are concerned about the privacy of the data and information of users collected from registration mandated on the website www.partner.chkfake.com/mdlz as well as from downloading and using the mobile application developed by Chkfake Brand Protection Solutions Private Limited (“ChkFake”) and customized for Mondelēz (“Brand Protection App”) (the above referred website and Brand Protection App is herein collectively referred to as “Website”) and otherwise doing business with Mondelēz. “Associate Companies” here shall have the same meaning as ascribed in Companies Act, 2013.
The terms “We” / “Us” / “Our” individually and collectively refer to each entity being part of the definition of Mondelēz and the terms “You” /“Your” / “Yourself” refer to the users.
Please read the following statement to learn about our information gathering and dissemination practices.
1. Collection of personally identifiable information and other information
When You use the Website, We/ChkFake collect, receive, possess, use, store, handle and deal with your personal information which is provided by You from time to time. This information may vary but will typically include your corporate customer information like first and last name, contact number, location, relationship with Mondelēz , etc. Our primary goal in doing so is to allow access to the Website only to selected persons and facilitate such persons to report infringements of Mondelēz products efficiently and effectively. This allows Us to track the infringements of Mondelēz Products, analyze the infringements, get analytics around the use and effectiveness of the Website . More importantly, while doing so We and ChkFake collect, receive, possess, use, store, handle and deal with personal information from You that We consider necessary for achieving this purpose.
We may automatically track certain information about You based upon Your behaviour on the Website. We use this information to do internal research on our users’ interests and behaviour to better understand effectiveness of the Website, reporting methodology, assess changes if any required to meet the objective of the Website. This information may include but not be limited to the URL that You just came from (whether this URL is on the Website or not), which URL You next go to (whether this URL is on the Website or not), Your computer browser information, Your network or Internet Protocol (IP) address, type of browser You are using (e.g., Firefox, Internet Explorer, Safari), the type of operating system You are using, (e.g., Microsoft Windows, IOS), the domain name of Your Internet or wireless service provider, the type and/or “device ID” of handheld or mobile devices You are using (e.g., iPhone, Galaxy), mobile network, general location information (e.g., city and/or country), the content You have accessed and the advertisements You have been shown and/or clicked on. We and our third-party service providers, advertisers, advertising networks and platforms, agencies and/or partners may use the information described in this paragraph to improve the design and content of the Website and other offerings, to modify the Website suitably to make reporting of infringement effective and efficien, personalize your Internet experience, and to perform analytics.
When you report infringements on the Brand Protection App, We will in coordination with ChkFake collect information about Your behaviour.
We may collect some additional information, such as location tracking information to facilitate reporting of the area of infringement which is an important parameter for our analytics.
If You choose to include any comments or leave feedback, We will collect that information You provide to us. We retain this information as necessary to resolve disputes, measure interest, troubleshoot problems, push software upgrades as permitted by law.
If you send Us personal correspondence, such as emails or letters, or if other users or third parties send Us correspondence about Your activities or postings on the Website, We may collect, store and use such information.
We collect personally identifiable information from You when You register on the Website. We may use Your contact information to reach you for additional missing information or clarifications that may be required on any infringement reporting made by you.
We might receive information about You from more than one source and add it to our account information.
2. Use of Demographic / Profile Data / Your Information
We / ChkFake may use Your personal information to resolve disputes; troubleshoot problems; help promote a safe service; inform You about updates; detect and protect Us against error, fraud and other criminal activity; enforce our terms and conditions; and as otherwise described to You at the time of collection.
In our efforts to continually improve the quality of our analytics, We collect and analyse demographic and profile data about our users’ activity on our Website.
We identify and use Your IP address to help diagnose problems with our server, and to administer our Website.
3. Sharing of personal information
We may share personal information with our other corporate entities, affiliates, employees, agents, registered sellers, service providers, suppliers, etc. to the extent required for reporting of infringement cases and taking action on the same. ChkFake will share your personal information it collects on the Brand Protections App with us for the purpose of reporting and analytics.
We employ other companies, affiliates, service providers and individuals to perform functions on our behalf. Such third parties have access to personal information needed to perform their functions, but may not use it for other purposes.
4. Links to Other Sites
The Website links to third party app and websites. We are not responsible for the privacy practices or the content of such websites or of ChkFake.
5. Security Precautions
The security of personally-identifiable information is important to Us. We maintain administrative, technical and physical safeguards to protect against unauthorized use, disclosure, alteration or destruction of the personally-identifiable information We collect through the Website. However, we cannot guarantee the security of such information.
It is important to remember that whatever You transmit or disclose online can be collected and used by others or unlawfully intercepted by third-parties. No data transmission over the Internet can be guaranteed to be 100% secure. While We strive to use commercially reasonable means to protect Your information, We cannot warrant the security of any information You transmit to us.
Any information voluntarily disclosed by users and posted on the Website may be viewed and used by others. If users post personally identifiable information that is accessible to the public online, the user does so at his or her own risk. Users accept that they may receive unsolicited messages from other parties in return.
6. Your Consent
9. Use by Children
Use of the Website is permitted only to persons who are capable of forming a legally binding contract under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If You are a minor i.e. under the age of 18 years, You shall not register as a user of the Website and shall not transact on or use the Website. As a minor if You wish to use or transact on Website, such use or transaction may be made by Your legal guardian or parents on the Website. We reserve the right to terminate Your membership and / or refuse to provide You with access to the Website if it is brought to Our notice or if it is discovered that You are under the age of 18 years.
10. Notices and Revisions
If You have any concern about privacy or grievances, please contact Us and We will try to resolve the issue for you.
11. Retention of Data
12. Governing Law and Dispute Resolution
13. Grievance Officer
In accordance with Information Technology Act 2000 and rules made there under, please contact Our Grievance Officer as per details on the Website.