This web page represents a legal document that serves as our Terms of Service and it governs the legal terms of our website, http://www.cheqroom.com, sub-domains, and any associated web-based and mobile applications (collectively, “Website”), as owned and operated by CHECKROOM NV.
Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Service, along with our Privacy Policy http://www.cheqroom.com/privacy-policy-cookies/, any mobile license agreement, and other posted guidelines within our Website, collectively “Legal Terms”, constitute the entire and only agreement between you and CHECKROOM NV, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.
By using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website.
The last update to our Terms of Service was posted on August 10th, 2016.
The terms “us” or “we” or “our” refers to CHECKROOM NV, the owner of the Website.
A “Visitor” is someone who merely browses our Website, but has not registered as Member.
A “Member” is an individual that has registered with us to use our Service.
A “User” is a collective identifier that refers to either a Visitor or a Member.
Our “Service” represents the collective functionality and features as offered through our Website to our Users.
All text, information, graphics, audio, video, and data offered through our Website, whether free to all or part of our Service, are collectively known as our “Content”.
CHECKROOM NV grants you a non-exclusive, non-transferable, revocable license to access and use our Website strictly in accordance with our Legal Terms. Your use of our Website is solely for the purposes stated within our Legal Terms; any other use is a violation of this license and will result in the revocation of your membership.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. CHECKROOM NV reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to cancelling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.
You may view some of our Content without becoming a Member of our Website. Your membership is not transferable or assignable and is void where prohibited. You certify that you are at least age 13 years of age or older.
During the registration process, you must provide your legal full name, a valid email address and any other information requested in order to complete the registration process.
Any registration by any Member in contravention of the above limitations is unauthorized, unlicensed and in violation of our Legal Terms. You agree to and to abide by all of the terms and conditions of our Legal Terms. CHECKROOM NV has sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration, with or without explanation.
When you complete the registration process, you will create a password that will allow you to access our Website. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security regarding your account or information. You agree that CHECKROOM NV shall not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
You also agree that the acquired login will only be used by yourself, a single login shared with multiple people is not permitted; any other use is a violation of this license and will result in the revocation of your membership.
When you significantly exceed the average Service usage (as determined solely by CHECKROOM NV) of other CHEQROOM customers, we reserve the right to immediately disable your membership.
You will receive the Service free of charge for the first fifteen (15) days. Thereafter, you will be charged a monthly or yearly service fee, based on the applicable billing cycle. CHEQROOM offers yearly subscriptions only – from February 1, 2018.
Your account will be renewed automatically each month or year as applicable, until either you or us explicitly cancel the Service.
You will be billed a non-refundable fee in advance on a monthly or yearly basis. There will be no refunds or credits for partial years of service, upgrade/downgrade refunds, account cancellations, or refunds for years or months unused with an open account. In order to treat everyone equally, no exceptions will be made. If you have any questions about charges made to your account, please contact us immediately. If the charges were made in error, we will credit your account for the appropriate amount. We have a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment through a card issuer that is found to be valid will be permanently banned from the use of the Service.
For any change in your monthly or yearly service fee, we will automatically charge your credit card that you provided or bill you via other payment methods for the new rate on your next billing cycle.
You must provide us with accurate billing information and keep this information up to date.
By subscribing to the Service you give us the right to charge your credit card, or bill you via other payment methods, for fees connected with the Service such as renewal fees or fees for extra services.
We reserve the right to change prices for the Service and any connected extra services at any time upon a 21-day notice from us. Such notice may be provided at any time by posting the changes to the Service itself.
You will pay any and all applicable international, federal, state, and local sales, use, value-added, excise, duty, and any other taxes, fees, or duties not based on our net income that are assessed on or as a result of the Service. Any such taxes, fees, and duties collected by us from you on behalf of a governmental agency shall not be considered a part of, a deduction from, or an offset against, payments due to us for the Service.
All prices are stated in U.S. Dollars unless otherwise stated.
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.
Each party must treat the confidential information received from the other with the strictest confidentiality, in the same way it would treat its own confidential information, and not below an adequate level of protection. Except express and written disagreement on his part, the Customer authorizes the Company CHECKROOM NV to use for its own business promotion:
In case of disagreement notified after publication of a document prepared in accordance with this clause and regardless of the media, the Client will only require its destruction when taking care of the costs of modification and editing for identical replacement, except for compliance with his request.
You may provide links to our Website, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our Website, (b) your Website does not engage in illegal or immoral activities, and (c) you discontinue providing links to our Website immediately upon request by us.
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. CHECKROOM NV has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
CHECKROOM NV reserves the right to change any and all Content and features of our Website, at any time without notice. Prior of all Services, including but not limited to annual subscription plan fees to the Service, are subject to change upon 21 days notice from us. Such notice may be provided at anytime by posting the changes to the Website or the Service itself. Our Website may be temporarily unavailable from time to time for maintenance or other reasons. CHECKROOM NV assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Content. CHECKROOM NV is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, Website, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to anyone’s computer, mobile phone, or other hardware or Website, related to or resulting from using, uploading, or downloading materials in connection with our Website. Under no circumstances will CHECKROOM NV be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Website, or for any interactions between Users of our Website, whether online or offline.
OUR WEBSITE IS PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE IS NOT CLAIMING TO BE A COMPLETE PATENT DATABASE. CHECKROOM NV IS NOT LIABLE FOR THE INCOMPLETENESS OF THE DATA. OUR WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. CHECKROOM NV, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE, OTHER THAN AS SPECIFIED IN OUR LEGAL TERMS. CHECKROOM NV CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE. CHECKROOM NV DOES NOT REPRESENT OR WARRANT THAT OUR WEBSITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT IT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED PROGRAMS TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR WEBSITE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU USE OUR WEBSITE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOU, YOUR MOBILE DEVICE OR COMPUTER SYSTEM, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF INCOME, BUSINESS, PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND CHECKROOM NV. OUR WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN OUR LEGAL TERMS.
CHECKROOM NV, as well as all our affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Website; (b) the unavailability or interruption of our Website; (c) your use of our Website; or (d) any delay or failure in performance of our Website.
CHECKROOM NV AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. CHECKROOM NV AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO WARRANTY, REFUND, OR OTHER RESTITUTION TO YOU WITH REGARDS TO OUR WEBSITE, OTHER THAN AS SPECIFIED HEREIN, FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, DELAYS, CANCELLATIONS, STRIKES, GOVERNMENTAL ISSUES, OR FORCE MAJEURE.
IN NO EVENT WILL CHECKROOM NV OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOSSES ARISING FROM YOUR USE OF OUR WEBSITE, EVEN IF CHECKROOM NV IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CHECKROOM NV’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO YOUR CEASING USE OF OUR WEBSITE.
You agree to indemnify, defend and hold harmless CHECKROOM NV and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates, from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of our Legal Terms or your use of our Website.
You acknowledge that if you violate the terms of our Legal Terms, CHECKROOM NV reserves the right to terminate your account without notice. You may also voluntarily terminate your account, for this you are solely responsible. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking the Account link on the Settings page.
If you cancel the Service before the end of your current paid up month or year, your cancellation will take effect immediately and you will not be charged for the following billing cycle.
You understand that if your account is terminated, you will lose access to our Service and any Member Content you have provided. You understand that we are not required to provide you with copies of such Member Content nor continue to maintain copies of such Member Content on our Website.
Any legal controversy or legal claim arising out of or relating to our Legal Terms and/or our Website shall be settled solely by binding arbitration in accordance with the arbitration rules of the Belgian law. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted before the Belgian law, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. We may seek any interim or preliminary relief from a court of competent jurisdiction within Ghent (East-Flanders, Belgium), necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs, but the arbitrator may award arbitration fees and costs, including reasonable attorney fees, to the prevailing party.
Our Legal Terms shall be treated as though it were executed and performed in Ghent (East-Flanders, Belgium) and shall be governed by and construed in accordance with the laws of Ghent (East-Flanders, Belgium), without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of CHECKROOM NV under our Legal Terms shall survive the termination of our Legal Terms.