CHECKMATE Ltd and its affiliates, if any, (collectively referred to as 'CHECKMATE', 'we', 'us' or 'our') manufacture, market and sell CHECKMATE and Hospitality Bridge Cloud Services (the 'Product').

We also provide additional features such as (a) the website located at www.Checkmate.com and more generally all URL and websites administered by CHECKMATE or within the Checkmate.com domain (the 'Site'), (b) services available on the Site and/or delivered through the Site (the 'Site Services'), (c) certain software that may be downloaded to your computer (the 'Computer Software'), and (d) certain software that may be downloaded to your mobile device (the 'Mobile Software'). As used herein, the term 'Software' means the Computer Software and Mobile Software; the term 'Site' means the Site, Site Services, Computer Software and Mobile Software. The terms 'you' or 'user' or 'yours' refer to all individuals and entities that access and/or use the Services. The term 'Services' means the Product, the Mobile, Internet Applications as well as the Web Site. These Terms of Use ('ToU') govern your access to and use of the Services.

  1. Scope and acceptance of the terms of use

    1. These Terms of Use and the applicable Privacy Policy are available at https://www.Checkmate.com (the 'Privacy Policy'), which is hereby fully incorporated and constitutes with the Terms of Use, one and single document, govern your access and use of the Services. Please READ THEM CAREFULLY.

    2. By your affirmative actions of registering on the Site, of accessing and/or using all or part of the Services, you acknowledge that you have read, understood, and agree to be bound by the provisions of these Terms of Use and Privacy Policy. If you do not agree with all or part of these Terms of Use or Privacy Policy, do not register, access, browse or use all or part of the Services.

    3. We may change these Terms of Use in case of new Services made available, regulation evolution, following legal authority request, or amendment to improve understanding. You can access on the Site the most recent version of these Terms of Use. Any user of our products will be informed of its evolutions to be able to use our Services in full understanding and will have the possibility to accept them or refuse them.

    4. If you do not agree anymore to these Terms of Use, you have the possibility to discontinue the use of our Services and cancel your registration.

 

  1. Use of the services

    1. The Services are for use by users who are at least 18 years old. Users under the age of 18 are not permitted to use the Services. By registering, accessing or using the Services, you acknowledge that the information provided, including your age is accurate and complete.

    2. The Services contain all types of information and material, including but not limited to software, text, graphics, communications, measures, tests, results, opinions, photographs, drawings, profiles, messages, notes, websites links, music, video files or other animated or non-animated images, designs, music, audio files or other sounds, reports, charts and data files, and any other content, either owned by or licensed to CHECKMATE by any third party, including other users of the Services, to the exclusion of your User Generated Content as defined hereinafter (collectively referred to as the 'Content').

    3. The Services and Content are protected by Isle of Man intellectual property laws and any other laws or regulations that may apply. You acknowledge and agree that CHECKMATE (or its licensors) own all legal rights, title and interest in and to the Services and Content, including any intellectual property rights which cover the Services and Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by CHECKMATE and that you shall not disclose such information without CHECKMATE's prior written consent.

    4. CHECKMATE concedes in you a personal, worldwide, royalty-free, non-assignable, non-transferable and non-exclusive license to use the Content provided to you as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Product(s) you registered on the Site and, as long as you have the right to be registered, to access or to use the Services, in the manner permitted by these Terms of Use. You shall not, nor shall you permit anyone else to, copy, reproduce, modify, translate, broadcast, perform, display, distribute, transmit, frame, republish, download, display, perform, post, transmit, sell, use commercially, create a derivative work, reverse engineer, decompile or otherwise attempt to extract any code from the Services and Content unless CHECKMATE has expressly agreed to it in writing. You agree not to use any data mining, robots, scraping or similar data gathering methods.

    5. No other use is permitted without CHECKMATE's prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.

    6. The trademarks, logos, domain names and other identifying elements of CHECKMATE (the 'CHECKMATE Trademarks') used and displayed on those Services are owned by or legally held by CHECKMATE. Other products and service names available through the Services may be owned by third-parties (the 'Third-Party Trademarks', and, collectively with CHECKMATE Trademarks, the 'Trademarks'). Apart from the licenses and rights hereby expressly granted as part of these Terms of Use, nothing in the Services, Content or in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks displayed on the Services, without the prior written consent of CHECKMATE. The Trademarks may not be used to disparage or harm in any manner CHECKMATE or the applicable third-party, CHECKMATE's or third-party's products or services, or in any manner. Use of any Trademarks as part of a link to or from any web site is prohibited without CHECKMATE's prior written consent. All goodwill generated from the use of any CHECKMATE Trademarks shall inure to CHECKMATE's benefit.

    7. You agree not to: (a) take any action that imposes an unreasonable load on the Services' infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or any activity being conducted on the Services, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Services, (d) delete or alter any material posted on the Site by CHECKMATE or any other person or entity, and/or (e) frame or link to any of the materials or information available on the Services.

    8. Certain elements of the Services are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors, except as otherwise expressly permitted by Section 2.4 of these Terms of Use. None of the Content for the Services may be retransmitted without the express written consent from CHECKMATE for each and every instance.

If you believe in good faith that materials on the Services provided by CHECKMATE infringe your copyright or author's rights, you (or your agent), may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter notices with respect to the Services should be sent to CHECKMATE via the form on our website.
By Mail:  Clinch's House, Lord Street, Douglas, Isle of Man IM99 1RZ 

 

  1. User generated content

The following articles of this paragraph are related to the User Generated Content (the «UGC») without any requests from CHECKMATE and not related to the content CHECKMATE has access for the product and the associated services utilization, for which the articles of the Privacy Policy are applicable.

The UGC is all types of information and material, including but not limited to your name, your biographic information, and any other names, user names, pseudonyms, software, text graphics, communications, measures, tests, results, opinions, photographs, drawing, profiles, messages, notes, website links, music, videos files or other animated or non-animated images, designs, music, audio files or other sounds, reports, charts and data files, or / and any other content, including the Feedbacks and Submissions as defined hereinafter, that you publish, display, upload, disclose, transmit, store, share or otherwise make available ('post') on or through the Services or the Site.

  1. By publishing, displaying, uploading, disclosing, transmitting, storing, sharing, 'posting' or otherwise making available your UGC on or through the Services, you hereby grant to CHECKMATE a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to copy, reproduce, modify, translate, broadcast, perform, display distribute, transmit, frame, republish, download, display, perform, post, sell, make a commercial use and commercially exploit, create derivative works, reverse engineer, decompile, extract any code on any of your UGC, in any media now existing or hereafter developed, including without limitation on websites, in audio format, and in any print media format. You hereby waive any moral rights and similar rights with respect to the UGC and any other legal rights that might preclude CHECKMATE's use of the UGC or require your permission for CHECKMATE to use the UGC, except public order provisions. You expressly waive any action or claim, against CHECKMATE or its sublicensees' use of the UGC, and you hereby release CHECKMATE and its sublicensees from any action or claim from Third Party.

  2. You acknowledge that your UGC : (i) are not infringing any third party's rights, including copyright, patent, trademark, privacy right, trade secret, or other proprietary rights; (ii) is not obscene or containing child pornography; (iii) is not containing any viruses, worms, time bombs or other computer programming code that is intended to damage, interfere with, surreptitiously intercept or expropriate any system, data or information; (iv) is accurate, truthful, complete, not misleading and does not violate applicable laws and regulations. You are responsible for complying with all laws applicable to your UGC.

  3. You declare to be aware that the content of the UGC is public and not confidential.

  4. In case of non-compliance with these conditions, We reserve the right to suspend your right to use the Services and / or the Site, temporarily or permanently, in addition to the possibility to ask for compensation for any loss or damage that could be suffered.

 

  1. Advertising, linking and framing

The Site and Software may contain information about, links to and/or advertisements for web sites operated by other parties (the 'Third Party Sites'). In addition, emails sent to users of the Services may contain information about, links to and/or advertisements for Third Party Sites. The information provided about, links to and advertisements concerning Third Party Sites are provided for your convenience only. We do not control such Third Party Sites and we are not responsible for the content and performance of these Third Party Sites and/or for any transactions you may choose to conduct with the operators of any Third Party Sites. CHECKMATE suggests that you carefully read the terms of use and privacy policy (if any) applicable to the Third Party Sites. You recognize and agree that CHECKMATE is not responsible for the content of linked Third Party Sites, sites framed within the Site or Third Party advertisements on the Site and/or in emails sent from this Site, and CHECKMATE does not make any representations regarding their content or accuracy. Your use of Third Party Sites is at your own risks and subject to the terms and conditions of use of such sites.

  1. Unsolicited ideas and feedback

    1. CHECKMATE appreciates your interest in the products and the company and understands that you may have comments and suggestions. However, CHECKMATE does not want you to, and you should not, send any confidential or proprietary information to CHECKMATE through its Services, or through any other means. Please note that you have no confidentiality agreement with CHECKMATE and any unsolicited information or material sent to CHECKMATE will not be regarded by CHECKMATE as confidential or proprietary information. You may wish to consult with an attorney before making any unsolicited submission to CHECKMATE so that you can understand what will be the consequences of making an unsolicited public submission to CHECKMATE. If, however, you submit unsolicited information and feedback, including, without limitation, ideas for new advertising campaign, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names (collectively, the 'Feedback'), please be aware that regardless of what your letter and/or any other accompanying documentation may say, you are agreeing that the following terms shall apply to your Feedback: (1) CHECKMATE, and our designees, may use or redistribute the Feedback and/or any portions thereof for any purpose, including commercial purposes, and in any way; without compensation to you; (2) there is no obligation for CHECKMATE to review the Feedback and/or provide you with any commentary regarding the same; and (3) there is no obligation to keep any Feedback confidential.

    2. Upon submitting Feedback you (1) warrant that you are the original developer and/or creator of the Feedback and are legally free to make such a disclosure and you shall be solely liable for any damages arising from your submission of any information that is protected through copyright, trade secret law, patent law or other proprietary rights and (2) understand our feedback policy as set forth in this Section and accept this policy without reservation.

  2. Submissions policy

    1. The Services may provide you with an opportunity to post publicly comments, articles and other submissions (collectively, the 'Submissions'). By posting and/or otherwise providing Submissions to the Services, you fully understand and agree to grant us with the rights described in Section 5 above. You also permit any other users to access, display, view, store and reproduce such Submissions for personal use. You acknowledge that to the extent that you include personally identifiable information in your Submissions, we may republish such information. CHECKMATE furthermore reserves the right to alter and edit any Submission or refuse to accept, post, display or transmit any Submission in its sole discretion.

    2. Although CHECKMATE has no obligation to monitor the Submissions, you acknowledge and agree that we may do one or all of the following: (i) monitor the Submissions; (ii) alter, edit, or remove any Submission in whole or in part; or (iii) disclose any Submissions. The Submissions posted on the Site by users do not indicate any approval or endorsement by CHECKMATE of such Submissions. CHECKMATE is not responsible for, and hereby disclaims any and all liabilities that may arise from the Submissions.

    3. You agree that you are responsible for your own use of the Services, for any Submission you make, and for any consequences thereof. You agree that you will use the Services in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. To provide a forum where ideas can be shared in a productive and safe environment, you agree NOT to:

      1. Post any private information, or otherwise harvest, collect or disclose information, about another person without his or her express written consent;

      2. Post any content to the Site that is unlawful, racist, hateful, libelous, defamatory, obscene, or that intentionally discriminates against or harasses particular individuals or groups;

      3. Post any content to the Site that infringes any third party's intellectual property or other rights;

      4. Use the Services for any unlawful purpose, or transmit or otherwise make available in connection with the Services any material that would give rise to criminal or civil liability;

      5. Use the Services for advertisements, chain letters, spam, survey solicitations, junk mail or solicitations;

      6. Impersonate any person or entity, including any CHECKMATE employees, or falsely state or otherwise misrepresent your affiliation with any person or entity;

      7. Imply that CHECKMATE endorses any of your statements or positions;

      8. Take any action that imposes an unreasonable load on the server;

      9. Use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or any activity being conducted on the Services;

      10. Attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or making up the Services; and/or

      11. Delete or alter any material posted by any other person or entity.

 

  1. Disclaimer of content and warranties

    1. The warranty for the product is set forth in the limited warranty available on https://www.Checkmate.com .
       

    2. CHECKMATE, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE 'CHECKMATE PARTIES') MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESSED OR IMPLIED, ABOUT THE CONTENT AND SERVICES, INCLUDING BUT NOT LIMITED TO THEIR OPERATION, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE CHECKMATE PARTIES DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR FREE, WILL BE UNINTERRUPTED OR AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, OR THAT THE SERVICES, ITS SERVER, OR THE CONTENT, ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICES OR THE CONTENT CAUSES THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO CHECKMATE PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS. THE SERVICES AND CONTENT ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED. THE CHECKMATE PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND FITNESS FOR PARTICULAR PURPOSE.

    3. The Content on the Services is presented in a summary fashion and is intended to be used for informational purposes only. The data, measurements as well as any other kind of content provided through the Services are supplied without any warranty of accuracy and should not be used as a source to make any decisions.

  2. Limitation of liability

    1. IN NO EVENT SHALL ANY CHECKMATE PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE, OR RESULTING FROM USE OF THE SERVICES AND THEIR CONTENT, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF ANY CHECKMATE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CHECKMATE PARTIES SHALL NOT BE SUBJECTED TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT AND SERVICES, OR ANY OTHER INFORMATION CONVEYED TO THE USER, OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA, OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SERVICES AND THEIR CONTENT AT YOUR OWN RISKS. THE AGGREGATE LIABILITY OF THE CHECKMATE PARTY, TAKEN INDIVIDUALLY OR COLLECTIVELY, ARISING OUT OR RELATING TO THE SITE AND SERVICES (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY) IS LIMITED TO $100.

    2. In some countries, the applicable law does not allow certain of the above limitations or exclusions, in which case they may not apply to you. IN SUCH COUNTRIES, THE LIABILITY OF THE CHECKMATE PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
       

  3. Indemnification of Checkmate

Upon simple request by us, you agree to defend, indemnify, and protect CHECKMATE from and against any losses, liabilities, damages and costs, including without limitation, reasonable legal and accounting costs, arising or resulting from any claims, actions or demands related to (i) your use or misuse of the Services, including any UGC ; (ii) your breach of these Terms of Use ; or (iii) any breach of any intellectual property or other third party rights, or any applicable law in connection with the use of the Services. CHECKMATE shall provide a notice to you of any such claim, suit, or proceedings. CHECKMATE reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting CHECKMATE's defense of such matter.

  1. Termination of the services

    1. These Terms of Use will continue to apply until terminated by either you or CHECKMATE as set out below.

If you want to terminate your legal agreement with CHECKMATE, you may do so by (a) notifying CHECKMATE at any time at the following address Clinch's House, Lord Street, Douglas, Isle of Man IM99 1RZ  or (b) closing your accounts for the Services which you use.
 

  1. CHECKMATE may, at any time, terminate its legal agreement with you if:

    1. You have breached any provisions of these Terms of Use (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms of Use); or

    2. CHECKMATE is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or

    3. The relationship between CHECKMATE and the Partner with whom CHECKMATE offered the Services to you has been terminated or the Partner has decided not to offer the Services anymore; or

    4. CHECKMATE is transitioning to no longer providing the Services to users in the country in which you are a resident or from where you use the Services, for example in CHECKMATE's sole opinion, a service is no longer commercially viable.

  2. You understand and agree that some of your UGC, such as that displayed outside your profile, in any part of the Site, or on any social platforms, may continue to appear on the Site or on other social platforms even after your UGC is removed from the Site or your account is terminated.

  3. Sections 2 (Use of the Services), 7 (Disclaimer of Content and Warranties), 8 (Limitation of Liability), 9 (Indemnification of CHECKMATE), 10 (Termination of Terms of Use), and 13 (Miscellaneous) shall survive the termination of this Terms of Use.
     

  1. User must comply with applicable laws

    1. The Services are hosted in the following locations : United Kingdom, European Union, United States of America. If you access the Content or Services from inside or outside of France, you do so at your own risk.

    2. The Isle of Man and other countries control the export of certain products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You shall be liable for compliance with the laws regarding the import, export, or re-export of the Content.
       

  2. Miscellaneous

    1. These Terms of Use are governed by Isle of Man law. Any dispute resulting from these Terms of Use will fall within the exclusive jurisdiction of the competent Isle of Man courts.

    2. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

    3. CHECKMATE not applying any provisions of these Terms of Use is not construing as a waiver of that provision or any other provision in these Terms of Use.

    4. Except as expressly agreed by CHECKMATE and you, these Terms of Use constitutes the entire Terms of Use between you and CHECKMATE with respect to the subject matter, and supersedes all previous agreements, whether written or oral, between the you and CHECKMATE with respect to the subject matter.

    5. The section headings are provided merely for convenience and shall not be given any legal import.

    6. These Terms of Use will inure to the benefit of our successors, assigns, licensees, and sublicensees.

    7. Any information submitted or provided by you might be publicly accessible. Important and private information should be protected by you. CHECKMATE is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use.

The collection and processing of Personal Data, made when you use the Services, is carried out in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the treatment of personal data and the free movement of such data and repealing Directive 95/46 / EC (the 'General Data Protection Regulation' or GDPR). For more information, please see our Privacy Policy.