Checkfront Terms – Customers

Last updated: April 25th, 2016

These terms of use (the “Terms”) govern your use of:

  1. https://www.checkfront.com, https://www.checkfront.co.uk and associated subdomains, and other Checkfront websites added from time to time (the “Website”); and
  2. applications provided by Checkfront from time to time (the “Applications”); and
  3. all other content, services and deliverables provided or made available by or through Checkfront (collectively, the “Platform”). These Terms form an agreement between Checkfront, Inc. (“Checkfront”, “us”, “we”, “our”) and you.

As used in these Terms, the term “you” refers to the person visiting, browsing or otherwise using the Platform, including to make a reservation for services through the Platform (each, a “Reservation”) with one or more other persons or entities (each such other person or entity, a “Merchant”).

You may use the Platform to make and manage your Reservations (together, the “Platform Services”). As a condition of your use of the Platform, you acknowledge, warrant and agree that:

  1. if an individual, you have reached the age of majority in your jurisdiction of residence;
  2. you possess the legal authority to create a binding legal obligation on behalf of yourself or any other person or entity on whose behalf you are using the Platform;
  3. you will use the Platform in accordance with these Terms;
  4. all information supplied by you on the Platform will be accurate and complete; and
  5. you will comply with all applicable laws when using the Platform.

BY USING THE PLATFORM, YOU AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS, AS UPDATED. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT USE THE PLATFORM.

Use of the Platform

Subject to these Terms, Checkfront grants you a personal, revocable, non-exclusive and non-transferable license during the Term to use the Platform.

You will not, and will not permit anyone else to, without Checkfront’s prior written permission:

  1. use the Platform for purposes other than the Platform Services;
  2. “frame”, “mirror” or otherwise incorporate any part of Platform on any website; (3) access, monitor modify, copy or distribute any part of the Platform using any automated means or any manual process;
  3. violate the restrictions in any robot exclusion files on the Platform or circumvent other measures employed to prevent or limit access to the Platform;
  4. deep-link to any portion of the Platform;
  5. remove any watermarks, labels or other legal or proprietary notices included in the Platform;
  6. attempt to modify the Platform, including disguising or changing any indications of the ownership or source of the Platform;
  7. license, sublicense, resell, assign, distribute, or otherwise commercially exploit or make the Platform available to any third party, other than as expressly permitted by these Terms;
  8. use the Platform in any manner that interferes with the integrity or performance of the Platform;
  9. use the Platform as part of any service for sharing, lending, or on behalf of any other person or entity, except to the extent permitted herein;
  10. attempt or assist others to circumvent, disable or defeat any of the security features or components that protect the Platform;
  11. create adaptations, translations, or derivative works based on the Platform or decompile, disassemble, reverse engineer or otherwise exploit any part of the Platform;
  12. use the Platform in a manner that violates third party intellectual property rights;
  13. upload to or transmit through the Platform anything that is offensive, hateful, obscene, defamatory or violates any laws; or
  14. use the Platform to send unsolicited electronic messages (and nothing in these Terms will be construed as Checkfront permitting or causing you to send electronic messages using the Platform).
  15. Checkfront may deny to anyone use of the Platform at any time and for any reason. You will cease and desist from using the Platform immediately upon request by Checkfront.

    Registration & System Accounts

    If you register for an account on the Platform, you agree to maintain the security and confidentiality of your password and access keys and maintain and promptly update any information you provide to Checkfront. You are responsible for all activities that occur through your Checkfront account, and for all charges incurred therefrom. Your login may only be used by one person.

    Hosting, Security & Availability

    Checkfront takes reliability and security very seriously. More information about our security technologies is available on our Website.

    However, no system is perfectly secure or reliable and Checkfront does not warrant that the Platform will be secure or available. The Internet is an inherently insecure medium, and the reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured.

    Checkfront does not warrant or guarantee the confidentiality of any communications made by you through the Platform, that the Platform is compatible with your computer system or that the Platform, or any links therein, will be free of viruses, worms, trojan horses or disabling devices or other destructive or contaminating code.

    You accept all of these risks and are responsible for implementing safeguards to protect the security and integrity of your computer system. You are responsible any costs incurred by you as a result of your use of the Platform.

    Third-Party Sites & Services

    The Platform contains links and provides integrations to third-party web sites and services (“Third-Party Sites”). Your use of Third-Party Sites and any content or service provided therein (“Third-Party Content”) is at your own risk.

    Checkfront makes no guarantee or warranty regarding Third-Party Content or Third-Party Sites, provides such links and integrations only as a convenience and accepts no responsibility for reviewing Third-Party Content or Third-Party Sites.

    You agree to review the applicable terms and policies of any Third-Party Site and make all appropriate investigations before proceeding to or engaging with the Third-Party Site and Third-Party Content.

    Limitation of Liability

    Under no circumstances and under no legal theory (whether in contract, tort, or otherwise) will Checkfront be liable to you or any third party for any direct, indirect, incidental, special, exemplary, consequential or punitive damages, including lost profits, lost sales or business, lost data or business interruption. In the event that the above limitation does not apply, Checkfront’s liability to you will not exceed in aggregate an amount equal to $10 Canadian dollars.

    You and we agree that the limitations in this Section correctly allocate the risks between the parties, and you and we have relied on these limitations in determining whether to enter into these Terms and provide use of the Platform for the applicable Fees. The limitations in this Section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.

    THE PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE”. USE OF THE PLATFORM IS AT YOUR OWN RISK. CHECKFRONT DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE PLATFORM. THE PLATFORM MAY INCLUDE ERRORS, OMISSIONS AND INACCURACIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHECKFRONT DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE PLATFORM.

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CHECKFRONT DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE PLATFORM WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, OR THAT THE PLATFORM IS OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. CHECKFRONT MAKES NO REPRESENTATION, CONDITION OR WARRANTY THAT YOUR USE OF THE PLATFORM WILL COMPLY WITH APPLICABLE LAWS.

    YOU FURTHER ACKNOWLEDGE THAT MERCHANTS PROVIDING RESERVATIONS THROUGH THE PLATFORM ARE INDEPENDENT PERSONS AND NOT CONTRACTORS, AGENTS OR EMPLOYEES OF CHECKFRONT. CHECKFRONT IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, CONDITIONS, BREACHES OR NEGLIGENCE OF ANY MERCHANT OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM AND TAKES NO RESPONSIBILITY WHATSOEVER RELATED TO ANY RESERVATIONS ENTERED INTO BY YOU AND ANY MERCHANTS, INCLUDING IN RESPECT OF ANY LIABILITIES, CLAIMS, CAUSES OF ACTION, DEMANDS, RECOVERIES, LOSSES, DAMAGES, FINES, PENALTIES, OR OTHER COSTS OR EXPENSES YOU MAY INCUR OR BECOME ENTITLED TO, WHETHER UNDER CONTRACT, COMMON LAW, STATUTE OR OTHERWISE, ASSOCIATED WITH THE TERMINATION OF ANY RESERVATION OR CESSATION OF SERVICES FOR ANY REASON. YOU AGREE TO RELEASE CHECKFRONT AND HOLD CHECKFRONT HARMLESS FROM ANY DAMAGES THAT YOU MAY BECOME ENTITLED TO IN RESPECT OF YOUR RELATIONSHIP WITH ANY MERCHANT.

    Indemnification

    You agree to defend, indemnify and hold harmless Checkfront and all of its officers, directors, affiliates, successors, assigns, contractors, employees and agents from and against any liabilities, claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind brought in connection with or as a result of: (1) your breach of these Terms or any documents referenced herein; (2) your violation of any applicable law or the rights of a third party; (3) your use of the Platform; or (4) any misrepresentations made to a Merchant by you.

    General Terms

    Amendment and Waiver: These Terms will not be deemed waived by us, or amended or modified by you, unless such waiver, amendment or modification is in writing and signed by Checkfront. Our failure to enforce any of the provisions of these Terms will in no way be construed to be a waiver of such provisions, nor in any way affect the ability of Checkfront to enforce such provision thereafter.

    Modifications: Checkfront may modify the Platform or these Terms at any time without notice to you. It is your responsibility to periodically review our Website for any changes and ensure that you understand and are in full compliance of these Terms. Your continued use of the Platform after any changes to these Terms indicates your acceptance of such changes.

    Assignment: Checkfront may assign, transfer or subcontract its rights and obligations under these Terms (including any services or deliverables provided pursuant to these Terms), in whole or in part, without restriction.

    Severability: If any provision of these Terms is unenforceable or invalid for any reason whatever, such unenforceability or invalidity will not affect the enforceability or validity of the remaining provisions of these Terms and such provision will be severable from the remainder of these Terms.

    English Language: It is the express wish of the parties that these Terms and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.

    Entire Agreement: These Terms constitute the entire agreement between Checkfront and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals between you and Checkfront with respect to the Platform. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

    Term and Termination: These Terms will commence on the day you first use the Platform and will continue in force until terminated by either party (the “Term”). Either party may terminate these Terms as follows: (1) Checkfront may terminate these Terms at any time and with immediate effect by giving notice to you, at Checkfront’s discretion, at your current email address on file with Checkfront or through the Platform; and (2) you may terminate these Terms at any time and with immediate effect by ceasing to use the Platform and uninstalling and removing all local software components thereof.

    Survival: All rights and obligations of you and us which expressly or by their nature survive termination of these Terms will continue in full force and effect subsequent to such termination until they are satisfied or otherwise expire.

    Conflicts: If any of the provisions contained in these Terms conflict with the terms of another agreement between the parties, then these Terms will prevail; provided that, if you are also a Merchant, the terms of use applicable to Merchants will govern your relationship with Checkfront in that respect.

    Privacy Policy

    Please refer to the Checkfront privacy policy available at checkfront.com/privacy (which is hereby incorporated into and forms a part of these Terms) for information on how Checkfront collects, uses, discloses and protects personal information.

    Governing Law

    These Terms will be governed exclusively by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, excluding any conflict of law rules. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. You hereby consent to the exclusive jurisdiction and venue of Courts in Victoria, British Columbia in all disputes arising out of or related to these Terms.

    Questions and Comments

    If you have any questions regarding these Terms or your use of the Platform, please contact us at:

    Checkfront Inc

    310-838 Fort Street

    Victoria, BC,Canada
    V8W 1H8