Thank you for using Chekkit Payments. This Agreement governs your use of Chekkit Payments and describes how you may use Chekkit Payments to request and accept payments for goods or services or receive charitable donations, as well as other related services. Please review the Chekkit Payments Account Agreement.
Chekkit Payments Account Agreement
The Chekkit Payments Account agreement ("Payments Account Agreement"), is an agreement between Chekkit Geolocation Services Inc. (DBA "Chekkit") and you, the person or legal entity (including sole proprietors) identified to Chekkit as the owner of the Chekkit account that uses Chekkit Payments ("You"). You expressly agree to the terms and conditions of this Payments Account Agreement, including any updates or modifications to this document made from time to time by Chekkit.
We use a number of defined terms in this Account Agreement. The products and services that you receive from using Chekkit Payments, regardless of whether or not fees are charged, are referred to as “Platform Services”. Examples of Platform Services that Chekkit may agree to provide are software development or hosting services, and customer service. Actions submitted by You or on your behalf using Chekkit Payments are referred to as "activity" and this includes the communications of information about transactions (including charges) and refunds, adjustments, the handling of disputes (including chargebacks), and "Your Data" refers to data about You, Your activity on Your Chekkit account, and Your transactions.
You represent to Chekkit that all of the information that you provide to us directly or through a Stripe Connect Platform is accurate and complete, and that you are authorized to agree to this Chekkit Payments Account Agreement.
1. Relationship to other agreements
Please read this Account Agreement carefully. To the extent that there is a conflict between the Chekkit subscription agreement and this Account Agreement related to your use of Chekkit Payments, this Account Agreement will prevail.
2. Chekkit Payments - Your Chekkit account
Chekkit Payments allows you to use the Services, which includes the ability for you to request and receive payments for goods and services, or to receive charitable or campaign donations. A Chekkit Payments Account may help you to create your Stripe Account, or to integrate your existing Stripe Account with the Chekkit Platform. A Chekkit Payments Account may also send out text messages to customers on your behalf to let them know that payments have been received, refunded or canceled. The account Owner or Location Admin can turn off those messages at any time.
3. Your obligations
You are solely responsible, and Chekkit disclaims all liability for, the provision of any goods or services sold to your customers or users as part of your use of the services and any obligations you may owe to your customers or users. You are always financially liable for disputes (including chargebacks), refunds and any fines that may arise from your use of Chekkit Payments.
You are responsible for all actions taken on your Chekkit account through the Chekkit dashboard, including the initiation of refunds or cancellations or changing of depository bank information.
Chekkit reserves the right to suspend or cancel your Chekkit Payments account at any time, including (a) due to pending, anticipated, or excessive Disputes, Chargebacks, Refunds, or Reversals; (b) in the event of suspected or actual fraudulent, illegal or other malicious activity; or (c) where we are required by Law or court order.
4. Limitations on Chekkit’s liability
Chekkit is not responsible for your obligations to your customers, including to properly describe and deliver the goods or services being sold to your customers. You are solely responsible for, and Chekkit expressly disclaims all liability, your compliance with applicable laws and obligations related to your provision of the goods or services to your customers, or receipt of charitable donations. This may include providing customer service, notification and handling of refunds or consumer complaints, provision of receipts, registering your legal entity, or other actions not related to the services. You agree to indemnify Chekkit for any losses we incur based on your failure to properly describe or deliver goods or services, or comply with your legal or contractual obligations to your customers.
We rely upon a number of legal grounds to ensure that our use of your Personal Data is compliant with applicable law. We use Personal Data to facilitate the business relationships we have with our Users, to comply with our financial regulatory and other legal obligations, and to pursue our legitimate business interests. We also use Personal Data to complete payment transactions and to provide payment-related services to our Users.
6. Other general legal terms
6.1. Term, termination, and the effects of termination
The term of this Chekkit Payments Account Agreement will begin when you register your Chekkit Account with the Payments Platform and will end when terminated by you or by Chekkit, as described in this Chekkit Payments Account Agreement. You may terminate this Chekkit Payments Account Agreement at any time by providing notice to Chekkit and immediately ceasing your use of Chekkit Payments. However, if you commence using Chekkit Payments again, you are consenting to this Chekkit Payments Account Agreement. Chekkit may terminate this Chekkit Payments Account Agreement (a) where you are in breach of this Chekkit Payments Account Agreement and fail to cure the breach upon 30 days’ notice by Chekkit (such notice and cure period only being required if curing the breach is feasible); or (b) upon 120 days’ notice for any reason. Chekkit may also terminate this Chekkit Payments Account Agreement immediately if you are the subject of any voluntary or involuntary bankruptcy or insolvency petition or proceeding, or if Chekkit determines that you are engaged in activity that fails to comply with applicable law or causes a significant risk of reputational harm to Chekkit.
Section 4 and all provisions giving rise to continuing obligations will survive termination of this Account Agreement. As stated above, the Chekkit Services Agreement governs your use of services, so the termination of this Account Agreement will not immediately trigger termination of the Chekkit Services Agreement. All obligations in the Chekkit Services Agreement will only be terminated in accordance with the terms and conditions of the Chekkit Services Agreement. Termination of the Chekkit Services Agreement will cause this Account Agreement to automatically terminate.
6.2. Fees and Fines
You are also obligated to pay all taxes, fees and other charges (“Taxes”) imposed by any governmental authority, including without limitation any value added tax, goods and services tax, provincial sales tax and/or harmonized sales tax on the Services provided under this Agreement. You agree that you are responsible for determining what Taxes, if any, apply to payments or payouts, and for assessing, collecting, reporting, and remitting applicable Taxes as required by Laws in all relevant jurisdictions. You agree Chekkit is not responsible for assessing, collecting, reporting, or remitting any Taxes on Services provided under this Agreement and/or on any payments or payouts you make to any third party through the Services.
6.3. Changes to Chekkit Payments Account Agreement
We may change the Chekkit Payments Account Agreement from time to time. When we do, the version of the Chekkit Payments Account Agreement effective on the date you access the Website or use the Services or Products will govern our interactions. We encourage you to visit these Chekkit Payments Account Agreement periodically to ensure you understand them.
6.4. Entire Agreement
The Terms are a binding contract and constitute the entire agreement and understanding of the parties, whether oral or written, relating to the subject matter hereof; are intended as the parties’ final expression and complete and exclusive statement of the terms hereof, superseding all prior or contemporaneous agreements, representations, communications, and understandings, whether written or oral; and may be amended or modified only by an instrument in writing signed by both parties.
7. Stripe Account Agreement
Payment processing services for you on Chekkit Payments are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By using Chekkit Payments, you agree to be bound by the Stripe services agreement, which may be modified by Stripe from time to time. As a condition of Chekkit Payments enabling payment processing services through Stripe, you agree to provide Chekkit accurate and complete information about you and your business, and you authorize Chekkit to share it and transaction information related to your use of the payment processing services provided by Stripe.
By registering your account, you agree to our Chekkit Payments Account Agreement and the Stripe Connected Account Agreement.