User Terms of Service

Updated 5th July 2020

1. Introduction

1.1 These terms and conditions shall govern your use of www.checkincognito.com and chkin.io (collectively “website”).

1.2 Reference to “us”, “our” or “the Company” is to Better Management Limited, a company incorporated in England and Wales with company number 11156720 whose registered office is at 86-90 Paul Street, London, EC2A 4NE.

1.3 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website. We will ask you to expressly agree to these terms and conditions when you register for an account.

1.4 You must be at least 16 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 16 years of age. If you are below the age of 16, you must not use our website.

1.5 We take data protection and information security seriously. We are registered with the Information Commissioner’s Office no: ZA769352. Our website relies on the storage, processing and transfer of your personal data and also uses cookies. As a result, please make sure you have read and agree to our Privacy and Cookies Policy which contains all the necessary information.

1.6 Our website enables you to easily and quickly check-in and check-out from selected locations and venues through registering of an account and following the process set out on our website (www.checkincognito.com or chkin.io).  

2. Use of our website

2.1 You may:

(a) view pages from our website in a web browser; and
(b) download pages from our website for caching in a web browser; and
(c) use our website services by means of a web browser
subject to the other provisions of these terms and conditions.

2.2 Except as expressly permitted by clause 2.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

2.3 You may only use our website for your own personal benefit, and you must not use our website for any other purposes.

2.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

2.5 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

2.6 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities; and
(e) access or otherwise interact with our website using any robot, spider or other automated means.

3. Registration and accounts

3.1 You may register for an account with our website by completing and submitting the account registration form on our website.

3.2 You must not allow any other person to use your account to access the website.

3.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.

3.4 You must not use any other person's account to access the website.

3.5 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

3.6 You acknowledge and agree that the details you provide (or register via an external registration platform such as Facebook or Google) is accurate and correct.

4. User login details

4.1 You must keep your password confidential.

4.2 You must notify us in writing immediately if you become aware of any disclosure of your password and/or unauthorized access to your account.

4.3 You are responsible for any activity on our website arising out of any failure to keep your account and/or password confidential.

5. Cancellation and suspension of account

5.1 We may:

(a) suspend your account; and/or
(b) cancel your account at any time in our sole discretion without notice or explanation.

5.2 You may cancel your account on our website using the link provided in your account control panel on the website.

5.3 In any event, where your account is cancelled, we shall continue to store your personal data for a limited period of time as set out in our Privacy & Cookies Policy.

6. Limited warranties

6.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date;
(c) that the website or any service on the website will remain available; and
(d) any information, rights or otherwise in relation to the venue that you use our service with.

6.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

6.3 To the maximum extent permitted by applicable law and subject to clause 7.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

7. Limitations and exclusions of liability

7.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.

7.2 The limitations and exclusions of liability set out in this clause 7 and elsewhere in these terms and conditions:

(a) are subject to clause 7.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

7.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

7.4 We will not be liable to you in respect of any consequential and/or indirect and/or special losses, damages or otherwise.

7.5 We will not be liable to you in respect of any loss or corruption of any data, database or software.

8. Breaches of these terms and conditions

8.1 Without prejudice to our other rights under these terms and conditions and/or arising from applicable law, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block your IP address from accessing our website; and/or
(g) suspend or delete your account on our website.

8.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking[ (including without limitation, creating and/or using a different account).

9. Variation

9.1 We may revise these terms and conditions from time to time.

9.2 We will give you written notice of any material and/or significant revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.

9.3 We may make a minor or insignificant change to these terms and conditions. Where we do, the revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

9.4 If, at any point, you do not express agreement to the revised terms and conditions, you must stop using the website.

10. Assignment

10.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

10.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

11. Severability

11.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

11.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

12. Third party rights

12.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

12.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

13. Entire agreement

13.1 These terms and conditions, together with our Privacy and Cookies Policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

14. Law and jurisdiction

14.1 These terms and conditions shall be governed by and construed in accordance with the law of England and Wales.

14.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.

15. Contact details

15.1 You can contact us:

(a) by post, to the address specified at the beginning of this document; and/or
(b) by email, to [email protected].

 


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