IMPORTANT – PLEASE READ THE FOLLOWING TERMS AND CONDITONS CAREFULLY. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT AND BY USING THIS WEBSITE OR DOWNLOADING ANY MATERIAL FROM THIS WEBSITE, YOU ARE INDICATING THAT YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS. These Terms of Service ("Agreement") constitute a legal agreement between you, the individual User (“you” or "User"), and Chikka Philippines, Inc. for the website located at www.chikka.com ("Chikka Web Site"). The Chikka Web Site includes (a) the services that may be provided or accessed through the Chikka Web Site, including messaging (the “Chikka Services”), (b) any and all materials, printed or electronic, furnished together with or in conjunction with the Chikka Services and (c) all modifications and versions of the Chikka Website or its components released by Chikka. Any reference made in this Agreement to Chikka or Chikka Philippines, Inc. shall be deemed to include the subsidiaries, successors, assignees, and affiliates of Chikka Philippines, Inc. and any company that controls Chikka Philippines, Inc., directly or indirectly, and any other subsidiary of such controlling company.
Acceptance of Terms and Conditions. Your use of the Chikka Web Site shall be deemed your acceptance to be bound by all the terms and conditions of this Agreement. If you do not fully agree with all the terms and conditions of this Agreement, please refrain from using the Chikka Web Site or accessing and using the Chikka Services.
Intellectual Property Rights. User does not and will not possess and may not exercise any ownership rights over the Chikka Web Site, any or all of its aspects, parts or components, or any combination or permutation of such aspects, parts and components and may not exercise any rights over the same other than as specifically granted by this Agreement. Specifically, User may not use in an unintended manner, copy, distribute, reverse-engineer, decompile or disassemble the Chikka Web Site, any and all of its aspects, parts or components, or any combination or permutation of such aspects, parts and components.
Copyright and Trademark Information.“Chikka” is a registered trademark of Chikka. All other trademarks, trade names, service marks, service names are the property of their respective holders. “Google Talk” is a registered trademark of Google Inc. “MSN” and the butterfly logo are registered trademarks of Microsoft Corporation. “Yahoo!” and “Yahoo! Messenger” are registered trademarks of Yahoo! Inc. “AOL Instant Messenger”, “AIM”, and the running man logo are registered trademarks of AOL LLC. “ICQ” and the ICQ flower logo are registered trademarks of AOL LLC.
The Chikka Web Site is not endorsed by or affiliated with Google Inc., Microsoft Corporation, Yahoo! Inc., or AOL LLC.
Availability, Modifications and Reduction of Software Functionalities. User acknowledges and agrees that Chikka Philippines, Inc. may, at its sole discretion, at any time, without prior notice and without liability to any User or third party, limit, deny, create varying priorities or access to different users or different levels of service, update, modify or terminate, temporarily or permanently some or all of the functionality of the Chikka Web Site, including the Chikka Services. User acknowledges and agrees to assume all risks relating to or arising out of such acts by Chikka to the exclusion of Chikka.
Links to Third Party Sites. The Chikka Web Site may present links to retailers and access to products and services of independent third parties, such as advertisers, either directly or via links to websites operated by such third parties. These links are provided only as a convenience to you. Such products or services may be purchased and/or obtained directly from such third parties. You acknowledge and agree that Chikka and its business partners shall not be a party to, or in any way responsible or liable for, directly or indirectly, any transaction concerning products or services made available from such third parties or for any content or information presented in connection with any products or services of third parties. You should direct any concerns regarding these third-party websites to those websites' administrators.
Third-Party and User-Posted Content. The Chikka Web Site is not responsible for any opinions or statements expressed by any User. Any opinions or statements expressed by a User are those of the User alone, and are not attributable to Chikka. The Chikka Web Site cannot and does not assume responsibility for the accuracy, validity, completeness, reliability, legality and safety of any information or content that has been written, posted, displayed, or otherwise made available by the User.
By posting or displaying any information or content on the Chikka Web Site, you automatically grant to Chikka, and represent that you have the right so to grant, a perpetual, non-exclusive, fully-paid worldwide license to copy, use, publicly display and distribute said information and content, and to create derivative works therefrom. Any information and content posted, or otherwise made available, on the Chikka Web Site shall not be deemed confidential or secret information.
The Chikka Web Site may not be used to upload or transmit any items that are illegal, harmful, harassing, defamatory, vulgar, sexually explicit, libelous or otherwise objectionable. User may not use the Chikka Web Site to breach or misappropriate any intellectual property rights of a third person or for any illegal activities. All information, both publicly posted and privately transmitted, are the sole responsibility of the person who sends or posts such items. Users are responsible for all information uploaded, posted, transmitted, emailed or otherwise made available via the Chikka Web Site. The Chikka Web Site shall have the right to monitor materials posted and shall have the right to remove any material that in its opinion violates any law or these Terms of Service, although the Chikka Web Site has no obligation to any person to do so. USERS REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS THEY HAVE POSTED IN THE PUBLIC AREAS OF THE CHIKKA WEB SITE AND TRANSMITTED IN PRIVATE E-MAIL OR INSTANT MESSAGES.
You may not engage or assist in the displaying, posting, distribution or reproduction of any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the rightful owner. If you believe your work has been posted, or copied, without your consent, please report it to us immediately.
Privacy Policy. Please refer to the Privacy Policy applying to the Chikka Web Site and the Chikka Services, which is available at http://www.chikka.com/privacy.html (the “Privacy Policy”). The Privacy Policy sets forth important information regarding collection and use of information relating to you or your usage of the Chikka Web Site and Chikka Services that may be collected in the course of your use of the Chikka Web Site and the Chikka Services. You agree to the collection and use of such information pursuant to the Privacy Policy.
Restrictions on Use of Website; Third-Party Messaging Systems. User agrees to use the Chikka Web SIte for purely private personal use and in accordance with these Terms of Service. Any use of the Chikka Web Site in violation of or not in strict compliance with these Terms of Service shall constitute automatic termination of the license by User, and shall equally constitute a bar to User′s access and use of the Chikka Web Site including the Chikka Services. In addition, in such event Chikka may exercise any and all rights and remedies it may have. Upon such termination, User shall not access or use the Chikka Web Site.
User agrees to comply with all terms and conditions of use of any and all third-party messaging systems that User uses or connects to through the Chikka Web Site. This includes, but is not limited to, proper registration with such third-party messaging systems, such as acquisition and use of a user name and password for such messaging system.
No Unlawful or Prohibited Use. No User shall use the Chikka Web Site for any purpose that is unlawful or prohibited by this Terms of Service. Users may not use the website to: (a) promote or advertise any unlawful or illegal activity or purpose, including any activity that could give rise to criminal or civil liability; (b) infringe on the copyright, patent, trademark, service mark or any other rights of any person or entity; (c) cause harm to minors in any manner; (d) upload, e-mail, post or transmit any material that is unlawful, illegal, obscene, vulgar, defamatory, harassing, threatening, libelous, objectionable racially or otherwise, or invasive of the privacy of another; (e) carry out any unauthorized alteration of any data or information on or supplied by another User of the Website; (f) upload, post, e-mail or transmit any unsolicited communications (or “spam”), or any other unauthorized communication, advertisement, or promotion; (g) distribute or transmit any software viruses or other computer code designed to interfere with the functionality of any computer, hardware, software, server, network or other equipment or devices; (h) impersonate or misrepresent any person or entity; or (i) collect, store, transmit, exchange or otherwise distribute the personal information of any users of the Chikka Web Site or any other web site.
You may not attempt to gain unauthorized access to any Chikka Service, or computer systems or networks connected to any Chikka Service through data mining, hacking, robots or any other means. You shall not use the Chikka Website or any Chikka Service in any manner that could harm, immobilize, overload, or impair the Chikka Website or such Chikka Service or interfere with any other party’s use and enjoyment of the Chikka Website or such Chikka Service. Chikka reserves the right, in its sole discretion, to terminate your access to the Chikka Website and Chikka Services at any time, with or without cause and without notice.
You agree not to make any unauthorized copy of the Chikka Web Site, any Chikka Service or any portion thereof. You may not sell, trade or resell any Chikka Service.
Indemnification. You agree to indemnify, defend and hold harmless Chikka Holdings Limited and its agents, employees, subsidiaries, affiliates, officers, directors, shareholders, contractors, agents, licensors and assigns from and against any and all liabilities, claims, actions, demands, causes of action, damages, costs and expenses, including reasonable attorneys’ fees, made by any third party due to or arising from or concerning: (a) your use of the Chikka Website, including the Chikka Services, and (b) the breach by you of any of these Terms of Service.
Termination and Cancellation of Services. You agree that Chikka, at its sole discretion, may at any time terminate these Terms of Service, suspend or discontinue your use of the Chikka Website or any portion thereof, including any Chikka Service immediately and without prior notice and without cause. Reasons may include notification by a third party or other information suggesting that a User's activities are infringing on third-party rights or are illegal under the laws of any jurisdiction or violative of these Terms of Service. Chikka may terminate the Chikka Web Site or make changes to any or all portions of the Chikka Web Site and Chikka Services at any time, and without notice or liability. You may terminate your agreement to these Terms of Service by cancelling all accounts that you hold for the Chikka Web Site and Chikka Services. However, any information that may have been collected during your use of the Chikka Web Site or Chikka Services may continue to be retained and used to the extent provided in the Privacy Policy.
Disclosure of Risks by Chikka and Users’ Assumption of Such Risks. Chikka hereby disclaims any representation or warranty that the Chikka Web Site or any Chikka Service will be available on an uninterrupted basis or will operate without error. The Chikka Web Site and Chikka Services should not be used for the transmission or reception of messages that contain confidential or any other sensitive matters, or messages that if delayed or unreceived may result in damage or loss. If User uses the Chikka Web Site or Chikka Services for any such messages, User assumes all risks thereof to the exclusion of Chikka Philippines, Inc.
Responsibility for Activity on Account. You agree to maintain the confidentiality of your password to access the Chikka Services, and that you will be responsible for any activity conducted through your Chikka account, including charges incurred. In the event that you become aware of any unauthorized activity on your Chikka account, you shall notify Chikka immediately at mailus@chikka.com.
Charge for Use. For areas or countries supported by a local network operator, computer-to-mobile transactions, mobile-to-computer transactions and mobile-to-mobile transactions of the Chikka Text Messenger for the Web may be subject to the customary tariffs imposed and charged by the local network operator and by Chikka Philippines, Inc.
In countries where the Chikka Text Messenger for the Web is not supported by a local network operator, you may use Chikka Text Plus to send SMS from your computer to mobile phones. Those countries are listed here.
To use Chikka Text Plus, you must have a Chikka Wallet account. If you wish to know more about Chikka Wallet or to register, click here. You must read and agree to the Terms of Service of the Chikka Wallet before you sign-up for a Wallet account.
All fees are subject to change. In the event of a change in the fees, Chikka will post the new fees on the Website prior to the effectiveness of such change. The new fees shall take effect immediately upon uploading, unless otherwise specified. You may check current rates for Chikka Text Plus here. Your continued use of the Chikka Text Messenger for the Web, Chikka Text Plus, and other Chikka messaging related services signify your agreement to pay all applicable charges.
All fees are due immediately. In the event that there is failure in the delivery from a personal computer to mobile, the User’s Wallet Account will not be charged.
All refunds are subject to the approval of Chikka. To send a refund request, send an email to mailus@chikka.com.
Disclaimer of Warranties. CHIKKA HEREBY SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE CHIKKA WEB SITE AND THE CHIKKA SERVICES. USER ASSUMES THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE CHIKKA WEB SITE AND THE CHIKKA SERVICES, TO THE EXCLUSION OF CHIKKA.
Limitation of Liabilities. CHIKKA WILL NOT BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY DAMAGES, HOWEVER CLASSIFIED OR CATEGORIZED, ARISING OUT OF OR RELATED TO THE USE OR NON-USE, MISUSE, AVAILABILITY OR RELIANCE ON THE CHIKKA WEB SITE OR THE CHIKKA SERVICES NOTWITHSTANDING THE FACT THAT CHIKKA MAY HAVE BEEN INFORMED OR NOTIFIED OF THE POSSIBILITY OF THE INSTANCE OF SUCH DAMAGES. IN NO EVENT WILL CHIKKA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.
Amendment of Terms and Conditions. Chikka may, at its sole and exclusive discretion, amend, modify, vary or altogether change the terms and conditions of these Terms of Service. Your continued use of the Chikka Web Site following the posting of changes to this Terms of Service means you accept these changes.
Choice of Law and Forum. This Agreement, the Privacy Policy, and the use of the Chikka Web Site and the Chikka Services shall be governed by the laws of the Republic of the Philippines. User expressly agrees that any and all disputes relating to or arising out of these Terms of Service, the Privacy Policy and the use of the Chikka Web Site and the Chikka Services shall be subject to the exclusive jurisdiction of the appropriate courts of the City of Pasig, Philippines. User hereby expressly consents to the exercise of personal jurisdiction by the courts of the City of Pasig, Philippines.
Customer Support. Subject to the other provisions of the Agreement, Chikka may assist with any queries or problems that you may have with the Chikka Website or Chikka Service. Please send your inquiries by email to mailus@chikka.com.
Miscellaneous. You agree that these Terms of Service constitute the entire, complete and exclusive agreement between you and Chikka regarding the Chikka Web Site and Chikka Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms of Service.
You agree that the provisions of these Terms of Service are severable. If any part of these Terms of Service is held invalid or unenforceable, that term or provision will not affect the remainder of these Terms of Service, and the remaining portions shall remain in full force and effect. These Terms of Service will be deemed amended to the extent necessary to make them enforceable, valid and, to the maximum extent possible, consistent with applicable law and consistent with the original intentions of Chikka; and the remaining terms and provisions will remain in full force and effect. Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable.
No waiver of any term of these Terms of Service shall be rendered effective unless it is in writing and signed by a duly authorized representative of Chikka. The remedies of Chikka under these Terms of Service shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. The failure of Chikka, at any time or from time to time, to require performance of any obligations of User shall not affect Chikka’s right to enforce any term of this Agreement at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.
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