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CHEKKIT TERMS OF USE

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 WWW.CHEKKITWIFI.COM(“WEBSITE”). THESE TERMS OF USE APPLY TO ALL USERS OF THE SERVICE, INCLUDING SUBSCRIBERSTO THE 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 HERE UNDER.

BY USING THE SERVICE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE FOR AS LONG AS YOU USE THE SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THE SERVICE. THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY CHEKKIT FROM TIME TO TIME WITHOUT NOTICE AND THE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST USE OF THE SERVICE. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES. YOUR USE OF THE SERVICE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH 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
1.1 Subscribing.
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.

1.2 White-labelling.
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 privacy policy and terms of use through such splash page.

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 with other subscribers to the Service. Please review our Privacy Policy set out at WWW.CHEKKITWIFI.COM, carefully as it 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 possible.

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.

4. HARDWARE.
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 trademark laws.

5.8 Content.
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.

5.9 Confidentiality.
“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. LIABILITY
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.

8.1.3 Procedure.
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 SUCH SERVICES.

9. GENERAL TERMS
9.1 Notices.
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

9.3 Logos.
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.

9.4 Severability.
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.
This Agreement (together with the Chekkit Privacy Policy) constitutes the entire agreement governing Your use 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.

9.8 Questions/Contact.
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

PRIVACY POLICY


Last updated: July 4th, 2017


INTRODUCTION


Chekkit Geolocation Services Inc. doing business as Chekkit (“Chekkit” or “We”) respects your privacy and is committed to protecting it through our adherence to this Privacy Policy. Terms used in this privacy policy shall have the same meaning as in our Terms of Use WWW.CHEKKITWIFI.COM unless the context indicates otherwise.


This Privacy Policy describes the types of information we may collect from you or that you may provide when you visit the website (our "Site") or use the Service. This Privacy Policy also describes our practices for using, maintaining, protecting, and disclosing that information. Collectively the Site and Service are referred to in this Privacy Policy as “the Services”.



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


Except as set forth in this Privacy Policy, your Personal Information will not be used by us 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.


LIMITATIONS


This Privacy Policy does not Servicely to:
● 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 User;
● information collected by us through a separate website, Service or service (such information is governed by the Servicelicable privacy policy for that site and service);
● 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 Service.


MINORS

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 technologies);
● 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 messaging functions).
● 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.


Cookies


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 functionality.
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.


Web Beacons

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 campaigns.


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.


Analytics Software


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, which uses cookies and other, similar technologies to collect and analyze information about 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 https://tools.google.com/dlpage/gaoptout.


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.


Advertising Networks


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 Services, on any of your devices. We and our service providers may use cookies and web 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 follows:
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 interest-based ads.
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 http://www.networkadvertising.org/managing/opt_out.asp, http://www.aboutads.info/choices 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 features are governed by the privacy policy of the company providing it.


HOW WE USE YOUR INFORMATION


We use information that we collect about you or that you provide to us, including any personal information:
● 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 Service;
● 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 renewal notices.
● 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 your consent.
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 Privacy Policy:
● 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.
● With your express consent to other uses not indicated in this Privacy Policy.
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 reduction.


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 are resident.

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 information:
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 website. If you disable or refuse cookies, please note that some parts of this site may 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 Site or Service, is governed by our terms of use.


RETENTION


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 to the terms of this privacy policy. If you request that your name be removed from our 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 Information).


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 Encryption.
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.


CHANGES TO OUR PRIVACY POLICY


It is our policy to post any changes we make to our Privacy Policy on this page. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Site or Service and this Privacy Policy to check for any changes.


CONTACT INFORMATION


To ask questions or comment about this Privacy Policy and our privacy practices, contact us at: SUPPORT@CHEKKITWIFI.COM.


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.