Terms of Service

 

 

Applicable from 4th November, 2019

 

Chkfake allows its users, via the Chkfake website and domain name offered from time to time (collectively, the “Website”) and/or the Chkfake mobile application (the “Application” and together with the Website, the “Chkfake Service”), to scan and search for branded products and currency notes and help users to determine the authenticity of such items. The Chkfake Service is owned and operated by Chkfake Brand Protection Solutions Private Limited, a company incorporated under Indian laws (“Chkfake”, “We” or “Us”). For the purpose of these Terms of Service and the Chkfake Service, “currency notes” means any legal tender issued by a central bank of a sovereign nation and “branded products” means any physical product which is marketed under a trademark registered in any sovereign jurisdiction.

 

Your use of the Chkfake Service is subject to the terms and conditions set forth in these Terms of Service (the “Terms of Service”).

PLEASE READ THE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING ANY PART OF THE CHKFAKE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND TO ALL THE TERMS OF THE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE CHKFAKE SERVICE. USE OF THE CHKFAKE SERVICE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS OF SERVICE.

 

1. Persons who can use Chkfake

 

The Chkfake Service is meant for those at least thirteen (13) years of age. Use of the Chkfake Service by anyone under the age of thirteen (13) years is a violation of the Terms of Service. You hereby represent that you are at least thirteen (13) years of age. If you are under the age of eighteen (18) years, you represent that you have the consent of a parent or legal guardian to use and access the Chkfake Service.

2. Updates to Terms of Service; Integration

We may, in our sole discretion, modify the Terms of Service by posting notice on the Website, the Application, any part of the Chkfake Service or via email. The “Last Updated” date at the top the Terms of Service will indicate when the latest modifications were made to the Terms of Service. By continuing to access and use the Chkfake Service after the Terms of Service are modified, you agree to such modifications. Therefore, you are responsible for reviewing and should become familiar with any such modifications. We recommend that you review the Terms of Service prior to each use of the Chkfake Service.

In addition, when using particular services or features on the Chkfake Service, you will be subject to guidelines or policies applicable to such services or features that may be posted from time to time, including but not limited to the Privacy Policy as noted below. All such guidelines or policies are hereby incorporated by reference into these Terms of Service.

3. Privacy Policy

Use of the Chkfake Service is subject to the terms of our Privacy Policy found at the end of this document, which is hereby incorporated into and made part of these Terms of Service. Please carefully review our Privacy Policy. By using or accessing the Chkfake Service, you agree to be bound by the terms of our Privacy Policy.

4. Usage of Chkfake Services:  Usage of Chkfake Service shall be subject to the following:

 

a. the Chkfake Service is only a means of verifying the genuineness of currency notes and branded products. Chkfake returns a result on the basis of your responses to a series of questions related to these anti-counterfeiting features on the currency notes or branded products, and the Issuing Bank’s/ Brand owner’s instructions on how each response is to be interpreted;

 

b. Alternatively, the Chkfake Service provides a step by step description of each anti-counterfeiting feature on the currency note or branded product via a series of visual and text instructions as sourced from the Issuing Bank or publicly available information issued by the Brand owner, and allows you to reach your own conclusion with regards to its authenticity.

 

c. you agree that you shall enter into any transaction for any usage of any currency note or branded product on an independent basis and Chkfake does not have any control or does not advise or determine in any way involve itself in the transaction;  

 

d. we do not implicitly or explicitly support or endorse any usage of any currency note or branded product verified by you using the Chkfake Service;

 

e. we are not responsible for any disagreement, conflict or legal liability between you and another party due to any transaction involving a currency note or branded product verified using the Chkfake Service. At no point in time shall Chkfake have any obligations and/or liabilities in respect of the currency note or branded product and it is acknowledged that any breach of promise or any debt incurred or any other liability incurring from a transaction involving a currency note or branded product verified using the Chkfake Service  remains the responsibility of you and your transacting party alone.

5. Intellectual Property

a. Intellectual Property owned by Chkfake: You acknowledge that all materials at the Chkfake Service, including the Website, Application, and the Chkfake Service design, graphics, text, sounds, pictures, and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of Chkfake and/or its licensors, and are subject to and protected by Indian and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in these Terms of Service are reserved to their respective copyright/ intellectual property owners. Chkfake authorizes you to view, download and/or print the Materials only for personal, non-commercial use, and for use of Chkfake Service provided that you keep intact all copyright and other proprietary notices contained in the original Materials. Except as expressly authorized by the Terms of Service, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, scrape, copy, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Chkfake or the respective copyright owner. In the absence of a written agreement, you may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described at the Website, the Application, or the Chkfake Service are the sole property of Chkfake and/or its licensors and may not be copied, altered or otherwise used, in whole or in part, without the prior written authorization of Chkfake and/or its licensors. In addition, all page headers, custom graphics, button icons and scripts are the property of Chkfake and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Chkfake. Chkfake reserves the right to enforce its intellectual property rights to the fullest extent of the law.

b. Licensed use: For the avoidance of doubt, your use of the Chkfake Service is solely and exclusively under the limited license granted herein and you will not obtain any ownership interest therein through the Terms of Service or otherwise. All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with any aspect of the Chkfake Service are either the property of Chkfake, its affiliates or licensors. Chkfake retains the right to rescind and terminate the limited license granted hereunder at any point, for any reason. Upon termination of this Agreement, the license shall also terminate and all rights shall revert to Chkfake without the taking of action on the part of either party. All rights not expressly granted herein by Chkfake to you are fully reserved by Chkfake, its advertisers and licensors.

 

c. Third party intellectual property: Some of the company and product names, logos, brands, and other trademarks featured or referred to within the Chkfake Service may not be owned by Chkfake, and are the property of their respective trademark holders. These trademark holders are not affiliated with, nor do they sponsor or endorse, Chkfake, the Chkfake Service, our products and services, the Website and/or the Application unless explicitly stated otherwise.

 

6. Third Party Sites

 

Links at the Website, the Application or via the Chkfake Service to third party websites and services are provided only as a convenience to you. If you use these links, you will leave the Website or Application, and potentially the Chkfake Service. Chkfake does not control nor endorse any such third party websites. You agree that the Chkfake Parties, as defined below, will not be responsible or liable for any content, goods or services provided on or through these third party websites or for your use or inability to use such third party websites. You will use such links at your own risk. Your interactions with organizations and/or individuals found on or through the Chkfake Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You are advised that other websites on the Internet, including third party websites linked from the Chkfake Service, might contain material or information: that some people may find offensive or inappropriate; that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libellous, infringing of others’ rights or otherwise unlawful. Chkfake expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website.

 

7. Use of the Chkfake Service by a registered user

 

a. Registered user: You may be required to establish an account at the Website or the Application in order to take advantage of certain features of the Chkfake Service. If so, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website or the Application; and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate or outdated, or Chkfake has reasonable grounds to suspect that such information is false, inaccurate or outdated, Chkfake has the right to suspend or terminate your account and prohibit any and all current or future use of the Chkfake Service by you.

 

b. Confidentiality of account details: You may be prompted to create a username and password to use certain features of or otherwise participate in the Chkfake Service. If so, you are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. Your account is meant to be private and you shall not share accounts, use another user’s account, nor allow others to use your account for any reason. You agree to: (a) immediately notify us of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. You agree to be responsible for all charges/ content resulting from the use of your account via the Chkfake Service, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying Chkfake. The Chkfake Parties cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.

c. Usage only for lawful purposes: You agree to use the Chkfake Service only for lawful purposes and that you are responsible for your use of and communications and content you post via the Chkfake Service. You agree not to post on or transmit through the Chkfake Service any unlawful, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, impersonates any individual or entity, or otherwise violates any applicable local, state, national or international law. Chkfake Service is intended to enable You to report instances of products infringing on Intellectual Property Rights of others and this is permitted under these Terms of Use. You agree not to use the Chkfake Service in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Chkfake Service. You further agree to be bound by the Guidelines and Policies on content that may be posted on the Website or Chkfake Service from time to time.

 

d. Usage on as-is basis: You may not do any of the following while accessing or using the Chkfake Service: (i) access, tamper with, or use non-public areas of the Chkfake Service, our computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Chkfake Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with us; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Chkfake Service to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Chkfake Service, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Chkfake Service.

 

You shall not use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Website or the Chkfake Service. You agree that you shall not decompile, reverse engineer, or otherwise attempt to obtain the source code of any part of the Chkfake Service.

 

e. Third party interface: You further agree that you will not access the Chkfake Service by any means except through the interface provided by Chkfake for access to the Chkfake Service. Creating or maintaining any link from another website or application to any page at the Website or Application without the prior authorization of Chkfake is prohibited. Running or displaying this Website, the Application, or the Chkfake Service, or any information or material displayed via the Chkfake Service in frames or through similar means on another website or application without the prior authorization of Chkfake is prohibited. Any permitted links to the Chkfake Service must comply with all applicable laws, rule and regulations.

 

f. Usage outside India: Chkfake makes no representation that verification provided via the Chkfake Service are accurate, appropriate or available for use in jurisdictions outside India, or that these Terms of Service comply with the laws of any other country. Visitors who use the Chkfake Service and reside outside the India do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the Chkfake Service from any territory where its contents are illegal, and that you, and not the Chkfake Parties, are responsible for compliance with applicable local laws.

 

8. Content

 

All content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. You acknowledge that all content transmitted or accessed by you using the Chkfake Service, is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. You remain solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Chkfake Service, and you warrant that you possess all rights necessary to provide such content. We reserve the right to remove any objectionable content in our sole discretion. You understand that by posting content on Chkfake Service or otherwise providing content to us or in connection with the Chkfake Service, you hereby grant us a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sub-licensable and transferable right to fully exploit such content (including all related intellectual property rights) in connection with the our business, including without limitation for promoting and redistributing part or all of the Chkfake Service (and derivative works thereof) in any media formats and through any media channels. You understand that we retain the right to reformat, modify, create derivative works of, excerpt, and translate any content submitted by you.

 

For purposes of these Terms of Service, the term “content” includes, without limitation, any merchandise, location information, reviews, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible through the Chkfake Service.

 

9. Termination

 

You may terminate your use of the Chkfake Service at any time. You agree that Chkfake may terminate or suspend your access to all or part of the Chkfake Service, with or without notice, for any or no reason, in its sole discretion, which may result in the forfeiture and/or destruction of all information associated with your use of the Chkfake Service. Chkfake reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website, the Application or the Chkfake Service (or any part thereof) with or without notice.

 

10. Warranties, Disclaimers and Limitations of Liability

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

 

YOUR USE OF THE CHKFAKE SERVICE AND ANY ONLINE OR OFFLINE INTERACTION WITH OTHER USERS OR PROVIDERS OF PRODUCTS IS AT YOUR SOLE RISK. THE CHKFAKE SERVICE AND THE ASSOCIATED MATERIALS AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, CHKFAKE, ITS PARENT, SUBSIDIARY AND OTHER AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND OTHER REPRESENTATIVES (COLLECTIVELY, THE “CHKFAKE PARTIES”), EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE CHKFAKE PARTIES MAKE NO WARRANTY THAT: (I) THE CHKFAKE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE CHKFAKE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) INFORMATION THAT MAY BE OBTAINED VIA THE CHKFAKE SERVICE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY AND ALL INFORMATION OR OTHER MATERIAL, INCLUDING ALL CURRENCY NOTES VERIFIED BY YOU THROUGH THE CHKFAKE SERVICE WILL MEET YOUR EXPECTATIONS OR NEEDS; AND (V) ANY ERRORS IN THE CHKFAKE SERVICE WILL BE CORRECTED.

YOU FURTHER ACKNOWLEDGE THAT (I) CHKFAKE DOES NOT SCREEN THE AUTHENTICITY OR QUALITY OF ANY MATERIAL OR CONTENT OR ANY PROVIDER OF MATERIAL OR CONTENT, INCLUDING WITHOUT LIMITATION ANY CURRENCY NOTES OR BRANDED PRODUCTS VERIFIED THROUGH THE CHKFAKE SERVICE; (II)  CHKFAKE MAKES NO REPRESENTATIONS OR PROMISES REGARDING ANY MATERIAL OR CONTENT, AND THAT MANY OF THE MATERIAL OR CONTENT PROVIDED VIA THE CHKFAKE SERVICE MAY BE OWNED OR LICENSED BY THIRD PARTIES; (III) CHKFAKE IS NOT A PARTY, DIRECTLY OR INDIRECTLY, TO ANY TRANSACTION BETWEEN YOU AND ANY PROVIDER OF CURRENCY NOTES. OR BRANDED PRODUCTS. ANY DISPUTE SHALL BE RESOLVED BETWEEN YOURSELF AND THE PROVIDER OF SUCH CURRENCY NOTES OR BRANDED PRODUCTS WITHOUT IMPLEADING OR INVOLVING, DIRECTLY OR INDIRECTLY, CHKFAKE OR ANY OF THE CHKFAKE PARTIES; (IV) ANY INFORMATION, MATERIALS, OR CONTENT ON THE CHKFAKE SERVICE, INCLUDING ANY FACEBOOK OR TWITTER PAGE, ARE FOR INFORMATIONAL PURPOSES ONLY. 

 

THE CHKFAKE PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE CHKFAKE SERVICE, INCLUDING ANY LIABILITY: (I) AS A PUBLISHER OF INFORMATION; (II) FOR ANY INCORRECT OR INACCURATE INFORMATION OR ANY ‘BUG’ OF THE CHKFAKE SERVICE; (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR VIA THE CHKFAKE SERVICE; (V) FOR ANY DISPUTES BETWEEN USERS OF THE CHKFAKE SERVICE OR BETWEEN A USER OF THE CHKFAKE SERVICE AND A THIRD PARTY; OR (VI) FOR ANY OTHER MATTER RELATING TO THE CHKFAKE SERVICE OR ANY THIRD PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES THE CHKFAKE PARTIES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CHKFAKE AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE CHKFAKE SERVICE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

 

NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE CHKFAKE PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU DIRECTLY TO CHKFAKE VIA THE CHKFAKE SERVICE FOR SERVICES PROVIDED SOLELY AND DIRECTLY BY CHKFAKE TO YOU.

 

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.

 

YOU REPRESENT AND WARRANT TO CHKFAKE THAT YOU ARE AN INDIVIDUAL (I.E., NOT A LEGAL ENTITY) AND YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT OR HAVE YOUR PARENT’S PERMISSION TO DO SO, AND YOU ARE AT LEAST 13 YEARS OR AGE; ALL REGISTRATION INFORMATION YOU SUBMIT IS ACCURATE AND TRUTHFUL; YOU WILL MAINTAIN THE ACCURACY OF SUCH INFORMATION; AND YOU ARE LEGALLY PERMITTED TO USE AND ACCESS THE CHKFAKE SERVICE AND TAKE FULL RESPONSIBILITY FOR THE SELECTION AND USE OF AND ACCESS TO THE CHKFAKE SERVICE.

11. Indemnification

You agree to indemnify, defend and hold harmless the Chkfake Parties against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys’ fees), resulting or arising from or relating to your use of or conduct via Chkfake Service, any activity related to your account by you or any other person, any Content that you submit to, post on or transmit through the Chkfake Service, your breach of these Terms of Service including any of the express or implied representations and warranties, your infringement or violation of any rights of another, or termination of your access to the Chkfake Service. We reserve the right to assume, at our sole expense, the exclusive defence and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defence of any such claim, action, settlement or compromise negotiations, as requested by us.

12. Applicable Law and Jurisdiction

Your use of the Chkfake Service is governed by and will be enforced under the laws of the Republic of India without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Delhi, India. You agree that printed copies of any and all agreements and/or notices in electronic form are admissible in any legal or regulatory proceedings. Chkfake may seek any interim or preliminary relief from a court of competent jurisdiction in Delhi, India necessary to protect its rights pending the completion of arbitration. Each party shall assume its own costs of litigation.

13. Miscellaneous. 

These Terms of Service (as updated by Chkfake from time to time) constitute the entire and only Terms of Service between Chkfake and each user of the Chkfake Service with respect to the subject matter of these Terms of Service.

If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected.

The failure of the Chkfake Parties to insist upon strict adherence to any term of these Terms of Service shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term contained in these Terms of Service. You may not assign your obligations or rights hereunder to another entity or individual. We may transfer, assign or delegate these Terms of Service and its rights and obligations without your consent.

We shall have no liability to you hereunder if we are prevented from or delayed in performing our obligations, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of us or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.

No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind us in any respect whatsoever.

No action arising out of these Terms of Service or your use of the Chkfake Service, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).

14. Customer Service

 

If you have any comments or questions regarding these Terms of Service, or wish to report any violation of these Terms of Service, you may contact us at contactus@chkfake.com

 

15. Grievance Redressal

 

In the event of any grievance arising from the usage of Chkfake Services, the Users can address their grievances to the grievance redressal forum of the Company. In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are –

 

Tanmay Jaswal

email: contactus@chkfake.com

 

© Chkfake Brand Protection Solutions Private Limited, 2019

 

 

Chkfake Privacy Policy

 

We at Chkfake Brand Protection Solutions Private Limited (hereinafter referred to as “Chkfake”, “We” “Us” and “Our”) respect your privacy and are committed to protecting it through our compliance with the terms and conditions set out in the paragraphs below (“Privacy Policy”). In keeping with these principles, our Privacy Policy explains:

 

a. the types of information that we may collect from you when you access or use Chkfake website and domain name offered from time to time (collectively, the “Website”) and/or the Chkfake mobile application (the “Application” and together with the Website, the “Chkfake Service”); and

 

b. our practices for collecting, using, maintaining, protecting and disclosing that information.

 

This policy applies only to information we collect through the Chkfake Service, in email, text and other electronic communications sent through or in connection with the Chkfake Service.

 

This policy DOES NOT apply to information that you provide to, or that is collected by, any third-party, such as retail sale outlets from which you make purchase. We encourage you to consult directly with such third-parties about their privacy practices.

 

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use the Chkfake Service. By accessing or using the Chkfake Service, you agree to the Privacy Policy. This Privacy Policy is an integral part of our Terms of Use. This policy may change from time to time, your continued use of the Chkfake Service after we make changes is deemed to be acceptance of those changes. It is accordingly recommended that you check this Privacy Policy periodically for updates. We encourage you to keep your mobile applications up to date.

 

For the purposes of the Terms and Conditions, wherever the context so requires “You” or “User” shall mean any natural person who uses the Chkfake Service. The term “Your” and other grammatical variants shall be construed accordingly.

 

1. INFORMATION WE COLLECT

 

In order to provide you with the Chkfake Service, we collect certain information when you use the Chkfake Service. The information we gather falls into the categories set out below:

 

a. Information you provide

 

The information that is collected from You for the usage of the Chkfake Service includes the following:

 

i) Registration and Profile Information - At the time of registration, we will ask for full name, email address, postal code, password and other information you may provide with your account, such as your gender, mobile phone number and website. We may also utilize information provided vide Your preferences and/or additional information such as your choice of products, Your preferences and settings such as time zone and language amongst other information.

ii) Your Transactions – We may also collect information you provide through the Chkfake Service including current and prior details relating to currency notes or branded products verified using the Chkfake Service, verification details and history. 

 

iii) User Generated Inputs – We also collect any inputs provided voluntarily by you via your use of Chkfake Service, such as any images captured by you using the Chkfake App (including but not limited to the images of the currency note or branded product being verified, images of the store where the currency note or branded product was being sold or transacted or any other image sought from you or provided by you via your use of Chkfake Service), details of such a store such as its name or location information, or any other information sought in the form of structured or unstructured data which relates to the verification of the currency note or branded product by You).

 

b. Information We collect from your usage of the Chkfake Service

 

i) Device Information - We collect device-specific information such as your hardware model, unique device identifiers, operating system version, device language and settings, mobile network information, and IP address.

 

ii) Usage Information - We collect certain information when you use the Chkfake Service, such as online status; information about your interaction with the Chkfake Service, including the actions you take on the Chkfake Service, third party applications, and advertisements; application crash logs and errors; and location information. We will collect location information, unless you configure your operating system settings to prevent our collection of location information.

 

iii) Cookies and Other Tracking Technologies - We may also collect certain information through the use of cookies, pixel tags, web beacons, mobile device IDs, “flash cookies” and similar files or technologies to collect and store information in respect to your use of the Chkfake Service and third party websites. A cookie is a small text file that is stored on your computer or mobile phone that enables us to recognize you (for example, as a registered user) when you visit our website or use our Chkfake App, store your preferences and settings, enhance your experience by delivering content and advertising specific to your interests, perform research and analytics, track your use of the Chkfake Service, and assist with security and administrative functions. Cookies may be persistent or stored only during an individual session. A pixel tag (also called a web beacon or clear GIF) is a tiny graphic with a unique identifier, embedded invisibly on a webpage (or an online ad or email), and is used to count or track things like activity on a webpage or ad impressions or clicks, as well as to access cookies stored on users’ computers.


Most browsers are set to automatically allow cookies.  Please note it may be possible to disable some (but not all) cookies through your device or browser settings, but doing so may interfere with certain functionality on the Chkfake Service. Major browsers provide users with various options when it comes to cookies. Users can usually set their browsers to block all cookies (including first-party cookies such as the ones Chkfake uses to collect search activity information about its users), or block specific cookies. To modify your cookie settings, please visit your browser’s help settings. You will need to opt out on each browser and each device you use to access the Chkfake Service. Flash cookies operate differently than browser cookies and cannot be removed or blocked via web browser settings. By using the Chkfake Service with your browser set to accept cookies you are consenting to our use of cookies in the manner described in this section.

 

iv) Customer Service - We collect customer support service information to track potential problems and trends and customize our support responses to serve you better. This information may include information about your activity on the Chkfake Service, such as your search queries, comments, domain names, search results selected, number of clicks, pages viewed and the order of those pages, how long you visited the Chkfake Service, the date and time you used the Chkfake Service, error logs, and other similar information.

 

v) Mobile Status: For mobile application users, the online or offline status of your application.

 

 

2. HOW WE USE THE INFORMATION WE COLLECT

 

We use the information we collect from and about you for a variety of purposes, including to:

 

a. process and respond to your queries;

 

b. administer the Chkfake Service and diagnose technical problems;

 

c. generate and review reports and data about, and to conduct research on, our user base and Service usage patterns;

 

d. provide you with customer support;

 

e. provide you with notices about your account;

 

f. carry out our obligations and enforce our rights arising from any contracts entered into between you and Us, including the usage of the Chkfake Service;

 

g. notify you about changes to the Chkfake Service.

 

h. allow you to participate in interactive features offered through the Chkfake Service;

 

i. in any other way we may describe when you provide the information;

 

j. for any other purpose with your consent;

 

 

3. HOW WE SHARE THE INFORMATION WE COLLECT

 

We may not disclose personal information that We collect or you provide, as described in the Privacy Policy, except for the purposes set out below:

 

a. General Information Disclosures

 

i) To our subsidiaries and affiliates, which are entities under common ownership or control of our ultimate parent company Chkfake Brand Protection Solutions Private Limited.

ii) To Brand owners or Central Banks who are interested to receive detailed information of incidents of counterfeiting of their branded products or currency notes, and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.

 

iii) To contractors, service providers and other third-parties whom we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.

iv) To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Chkfake’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Chkfake about the users of the Chkfake Service are among the assets transferred.

v) To third-parties to market their products or services to you if you have consented to receive the promotional updates. We contractually require these third-parties to keep personal information confidential and use it only for the purposes for which we disclose it to them. Some of these service providers and other third parties, such as analytics providers, may collect information about your online activities over time and across different websites or online services when you use the Chkfake Service. We are not responsible for the actions of third parties, nor are we responsible for any additional information you provide directly to any third parties.

vii) To fulfill the purpose for which you provide it.

vii) If you interact with social media features on the Chkfake Service, such as the Facebook Like button, or use your social media credentials to log-in or post content, these features may collect information about your use of the Chkfake Service, as well as post information about your activities on the social media service. Your interactions with social media companies are governed by their privacy policies.

b. Service Providers

We may share your information with outside vendors that we use for a variety of purposes, such as to push notifications to your mobile device on Our behalf, help us analyze use of the Chkfake Service. We also may use vendors for other projects, such as conducting surveys or organizing sweepstakes for us. We may share information about you with these vendors only to enable them to perform their services.

c. Legal Purposes

We may share your information when we believe in good faith that such sharing is reasonably necessary in order to investigate, prevent, or take action regarding possible illegal activities or to comply with legal process. We may also share your information to investigate and address threats or potential threats to the physical safety of any person, to investigate and address violations of this Privacy Policy or the Terms of Service, or to investigate and address violations of the rights of third parties and/or to protect the rights, property and safety of Chkfake, our employees, users, or the public. This may involve the sharing of your information with law enforcement, government agencies, courts, and/or other organizations on account of legal request such as subpoena, court order or government demand to comply with the law.

d. To enforce Terms of Use or other agreements

If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Chkfake, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and reductiondetection or enforcement against counterfeits or trademark infringements.

e. Consent

 

We may share your information in any other circumstances which shall be subject to your consent.

 

 

4. GOOGLE ANALYTICS AND TARGETED/ TAILORED MARKETING

 

a. To help us better understand your use of the Chkfake Service, we may use third-party web analytics on the Chkfake Service, such as Google Analytics. These service providers use the sort of technology described in Section 1(b) above. The information collected by this technology will be disclosed to or collected directly by these service providers, who use the information to evaluate our users’ use of the Chkfake Service. We also use Google Analytics as described in the following section. To prevent Google Analytics from collecting or using your information, you may install the Google Analytics Opt-Out Browser Add-on.

 

b. Tailored Advertising

 

Third parties whose products or services are accessible or advertised via the Chkfake Service may also use cookies or similar technologies to collect information about your use of the Chkfake Service. This is done in order to help them (i) inform, optimize, and serve ads based on past visits to our website and other sites and (ii) report how our ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to our website. We also allow other third parties (e.g., ad networks and ad servers such as Google Analytics, OpenX, Pubmatic, DoubleClick and others) to serve tailored ads to you on the Chkfake Service, and to access their own cookies or similar technologies on your computer, mobile phone, or other device you use to access the Chkfake Service. We neither have access to, nor does this Privacy Policy govern, the use of cookies or other tracking technologies that may be placed by such third parties. These parties may permit you to opt out of ad targeting. If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored advertising (i.e., not just for the Chkfake Service), you may visit the Network Advertising Initiative’s Consumer Opt-Out Link, and/or the Digital Advertising Alliance’s Consumer Opt-Out Link to opt-out of receiving tailored advertising from companies that participate in those programs. To opt out of Google Analytics for Display Advertising or customize Google Display Network ads, you can visit the Google Ads Settings page. Please note that to the extent advertising technology is integrated into the Chkfake Service, you may still receive ads even if you opt-out of tailored advertising. In that case, the ads will just not be tailored to your interests. Also, we do not control any of the above opt-out links and are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.

 

When accessing the Chkfake Service from a mobile application you may also receive tailored in-application advertisements. Each operating system: iOS, Android and Windows Phone provides its own instructions on how to prevent the delivery of tailored in-application advertisements. You may review the support materials and/or the privacy settings for the respective operating systems in order to opt-out of tailored in-application advertisements. For any other devices and/or operating systems, please visit the privacy settings for the applicable device or operating system or contact the applicable platform operator.

 

c. Do Not Track

 

We are committed to providing you with meaningful choices about the information collected on the Chkfake Service for third party purposes. However, we do not currently recognize or respond to browser-initiated Do Not Track signals.

 

 

5. ACCESSING AND MODIFYING YOUR INFORMATION

 

We will take reasonable steps to accurately record the personal information that you provide to Us and any subsequent updates. We encourage you to review, update, and correct the personal information that we maintain about you, and you may request that We delete personal information about you that is inaccurate, incomplete, or irrelevant for legitimate purposes, or are being processed in a way which infringes any applicable legal requirement.

 

Your right to review, update, correct, and delete your personal information may be limited, subject to the law of your jurisdiction and shall not be accepted for the following (but not limited to) reasons: (i) if your requests are abusive or unreasonably excessive, (ii) where the rights or safety of another person or persons would be encroached upon, or (iii) if the information or material you request relates to existing or anticipated legal proceedings between you and us, or providing access to you would prejudice negotiations between us or an investigation of possible unlawful activity. Your right to review, update, correct, and delete your information is subject to our records retention policies and applicable law, including any statutory retention requirements.

 

6. SECURITY

 

We take reasonable measures to protect your personal information in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration, and destruction. These safeguards take into account the sensitivity of the information that we collect, process and store and the current state of technology. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it, including the use of vault and tokenization services form third party service providers. However, please be aware, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security and thereby usage in a manner that is inconsistent with this Privacy Policy.

 

We assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized third-party access, or other causes beyond our control. You play an important role in keeping your personal information secure. You should not share your user name, password, or other security information for your Chkfake account with anyone. If We receive instructions using your user name and password, We will consider that you have authorized the instructions

 

 

7. CHILDREN UNDER THE AGE OF 13 YEARS

 

The Chkfake Service are not intended for users under the age of 13 years. We do not knowingly collect any personal information from children under 13 years of age or market to or solicit information from anyone under the age of 13 years. If We become aware that a person submitting personal information is under 13 years of age, We will delete the account and any related information as soon as possible. If you believe We might have any information from or about a child under 13, please contact us at: contactus@chkfake.com

 

8. THIRD PARTY LINKS AND SERVICES

 

The Chkfake Service may contain links to third-party websites. Your use of these features may result in the collection, processing or sharing of information about you, depending on the feature. Please be aware that We are not responsible for the content or privacy practices of other websites or services which may be linked on the Chkfake Service. We do not endorse or make any representations about third-party websites or services. Our Privacy Policy does not cover the information you choose to provide to or that is collected by these third parties. We strongly encourage you to read such third parties’ privacy policies.

 

 

9. ACCOUNT TERMINATION AND DATA RETENTION

 

You can close your account by visiting your profile settings page on our website. Upon receipt of any such request for closure/ termination of account, We will: (i) log you out of your account; (ii) remove your public posts from view and/or dissociate them from your account profile; and (iii) cease sending you push notifications. In the event of any such termination, We may retain information about you in case you later decide to reactivate your account and for the purposes authorized under this Privacy Policy unless prohibited by law.  Please note that we will continue to store certain information for analytics purposes. We will also retain any information as required by law.  For example, we may retain information to prevent, investigate, or identify possible wrongdoing in connection with the Service or to comply with legal obligations.

 

 

10. CONTACT US

 

If you have any queries relating to the processing/usage of information provided by you or Chkfake’s Privacy Policy, you may email us at contactus@chkfake.com

 

© Chkfake Brand Protection Solutions Private Limited, 2019

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