If you use this website, you agree to be governed by the following terms and conditions (“Terms of Service”). If you do NOT agree to be bound by the terms of service as set out in this agreement and associated policies, you must immediately discontinue any use of or access to this web-site. CHEKit reserves the right to modify or change these “Terms of Service” at any time and in its sole discretion, without giving prior notice. Any changes or modification to this Terms of Service agreement will take immediate effect upon being posted to the CHEKit.ca website. By accessing the website or CHEKit Mobile, you agree to be bound by the latest version of the “Terms of Service”. In the event you do not agree or are unable to comply with the terms of service conditions, you must immediately terminate your use of or access to CHEKit Mobile and or CHEKit.ca CHEKitMoblie ™ and CHEKit.ca are owned and operated by CHEKIT WEB BASED STATUS MONITOR LTD., an Alberta, Canada based corporation. Visit the main CHEKit website to review our latest version of the “Terms of Service”.
CHEKit grants you a limited license to use CHEKit.ca™ and CHEKit Mobile™ in accordance with the Terms of Service. This license is non-exclusive and non-transferable and you agree not to infringe our intellectual property. You also acknowledge and agree that all rights, title and interest, including but not limited to proprietary and trade secret technology, product processes, application software, website design, copyright, patents or trade names are the exclusive property of CHEKit™. Copyright © 2014, CHEKit. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the CHEKit website and CHEKit Mobile™ are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
You can find the account details regarding your account subscriptions with CHEKit™ by signing in to your account, go to the View Account menu. As used in these Terms of Service, “Monthly Subscription Fee” shall include a monthly “Account Fee” plus any monthly user fees for additional users (“Assignee” or “Schedulers”) that are active on the account at the time of the billing, either registration or the next monthly billing period. a. Billing By registering your CHEKit Account, you are expressly agreeing that we are authorized to charge you a Monthly Subscription Fee. You agree that we are authorized to charge you the Monthly Subscription Fee based on the account details and at the then-current rate to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). Please note that prices and charges are subject to change with notice. As used in these Terms of Service, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The Monthly Subscription Fee will be billed at the time of account registration and each month thereafter unless and until you cancel your Account. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your registration. Membership charges are fully earned upon payment. Note: In the event your registration began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying subscriber on January 31, your Payment Method would next be billed on February 28. You acknowledge that the amount billed each billing period may vary for reasons that include differing amounts due to changes in your account, and you authorize us to charge your Payment Method for such varying amounts. Payments are nonrefundable and there are no refunds or credits for partially used periods. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by e-mail. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information from your View Account page. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts. b. Continuous Subscription Your CHEKit Monthly Subscription Fee will continue in effect unless and until you cancel your account or we terminate it. You must cancel your account or cancel any additional users prior to the next billing period in order to have the cancelations take effect for the next billing period. We will bill the Monthly Subscription Fee at the then-current rate plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Monthly Subscription Fees are fully earned upon payment. c. Cancellation You may cancel your CHEKit Account at any time, and cancellation will be effective immediately. You will continue to have access to the service until the current billing period ends. We do not provide refunds or credits for any partially used membership periods. To cancel your Account, sign in to your CHEKit account and go to the View Account menu item. Click the words "Cancel membership" on your Account management page. Follow the instructions for cancellation under the heading "Cancel Membership."
You agree to use the CHEKit website and CHEKit Mobile™ for their intended purposes and to be bound by the Acceptable Use Policy contained in the Terms of Service agreement. You represent and warrant that all information provided in registering a user that will use the CHEKit services, is true and complete. All users of CHEKit.ca and CHEKit Mobile™ must be a registered user. If you are using the site and you are not a registered user, you must stop using and accessing the Service until you become a registered user. Any violation of this policy, directly or indirectly performed by you, may result in the suspension or termination of your access to the site or use of our service and such action as we deem appropriate. If you are using a CHEKit registration assigned to you by an administrator you are still bound by the terms of the agreement and acceptable use policy. You agree not to upload or post any user content to the Site or Services that contains any information that (a) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) is unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. (c) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e. g. , material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (d) is in violation of any Laws, or obligations or restrictions imposed by any third party. You agree not to upload, post or otherwise transmit any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You are responsible for keeping your user name, password, account details, and all information required in connection with your use of the CHEKit services confidential and up to date. Furthermore, you are entirely responsible for any activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account. You agree to hold harmless and release the CHEKit from any loss or liability whatsoever that you may incur as a result of someone other than you using your username, password or account, either with or without your knowledge. You agree to indemnify CHEKit for any damages, third party claims or liabilities whatsoever that we may incur as a result of activities that occur on or through your account, whether or not you were directly or personally responsible. You are responsible for the accuracy and validity of all information you enter and post on CHEKit.ca and CHEKit Mobile. CHEKit does not warrant the accuracy of the data on the service and leaves it up to your sole discretion to inform us if information is not accurate. You are required to provide all the necessary documentation to validate and verify your own data. Under absolutely no circumstances will CHEKit be liable for any data loss, data corruption or data inaccuracies caused directly or indirectly by the use of our services. Your sole remedy for data issues will be the submission of a support incident via our Support facility on the website.
Your access to and use of the CHEKit services or any content are at your own risk. The site and the materials contained therein are provided on an "as is" and "as available" basis without warranties of any kind, express or implied. Without limiting the foregoing, to the maximum extent permitted under applicable law, CHEKit DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CHEKit makes no warranty and disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, be free of viruses or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
CHEKit, ITS DIRECTORS, officers, agents, contractors or affiliates will not be liable in any way for any claim for: (a) punitive, EXEMPLARY or aggravated damages; (b) damages for loss of profits or REVENUE, failure to realize expected savings, loss of use or lack of availability of customer data; (c) indirect, CONSEQUENTIAL or special damages, ARISING from or in connection with the services, regardless of WHETHER or not customer informed or advised us of the possibility of such damages; (d) Contribution, indemnity or set-off in respect of any claims against customer; (e) any damages whatsoever relating to third-party products, client materials or any goods or services not developed or provided by us; or (f) any damages whatsoever relating to interruption, delays, errors or OMISSIONS EVEN IF SUCH INTERRUPTION, DELAYS, ERRORS OR OMISSIONS WERE CAUSED BY ANY OF THE RELEASED PARTIES. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT CHEKIT HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) AND (B) AMOUNTS YOU'VE PAID CHEKIT IN THE 6 MONTH PERIOD PRIOR TO THE DATE THE EVENT GIVING RISE TO THE CAUSE OF ACTION OCCURS (IF ANY). You agree to indemnify and hold CHEKit (and its directors, officers, employees, and agents) harmless, including reasonable costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Site or Services, (ii) your User Content (including your task descriptions, notes and photos), (iii) your interaction with any other User, or (iv) your violation of this Agreement or any applicable laws. CHEKit reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of CHEKit. CHEKit will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
This Terms of Service and any transactions on this Service shall be governed by and construed in accordance with the laws of the Province of Alberta and the laws of Canada therein, applicable to agreements made and entirely to be performed within the Province of Alberta, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the Court of Queen’s Bench or Federal Court of Canada located in Calgary, Alberta, Canada and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Terms of Service. You waive all rights to a trial by jury in connection with any legal proceeding or dispute against us. You further agree that any dispute or proceeding which you may bring against us shall be conducted on an individual basis and not a class-wide basis and that any such proceeding or dispute shall not be consolidated with any other dispute or proceeding which might arise between us and any other user.
Heading are inserted for the convenience of the parties and are not to be considered when interpreting this agreement. The clauses, paragraphs and subparagraphs contained in this Agreement are intended to be read and construed independently of each other. If any provision of this agreement is held to be invalid, such invalid provision shall be severed from this agreement with the remaining provisions to remain in full force and effect.
For general company, support or application questions please use the contact email function on the main page. For Corporate Inquiries use:
Suite 1010, 10050 - 112 Street