(b) Please read these Terms and Conditions carefully. By using CHECKREWARDS’s Application or Services (as each is defined below), visiting our website or signing up for an account (the “Account”), you’re agreeing to these Terms and Conditions that apply to your use of our Services (as described in Section 1(c) below), which will result in a binding legal agreement between you and CHECKREWARDS (the “Agreement”).
(c) «CHECKREWARDS» DOO PODGORICA is doing business as CHECKREWARDS, is headquartered in CETINJSKA BR. 11, THE CAPITAL PLAZA PODGORICA, MONTENEGRO (“we,” “us,” “our,” and “CHECKREWARDS”) and operates a https://checkrewards.com/ website (“Website”) and an application for mobile devices (“Application,” and together with the Website and other services, the “Services”). The Services enable our Users to, among other things, upload shopping bills, see the list of our partner stores and earn cashback for each bill as described below and/or within the Application/Website. Find out more about our Services at the Website or by downloading our Application.
(d) As a user of the Services, you’re (“you” or “your”) a “User” according to this Agreement (and together with other users of the Services, collectively, the “Users”).
(f) This Agreement defines the terms and conditions under which you’re allowed to use the Services and any applicable additional features, and how we’ll treat your Account while you’re a User. We may update the terms of this Agreement from time to time in our sole discretion. If we do make any such changes, we’ll let you know by posting the updated Agreement, to the Website, to the Application and/or may also send other communications. It’s important that you review the Agreement, whenever we update them or you use the Services. If you continue to use the Services after we have posted the updated Agreement it means that you accept and agree to the changes. If you don’t agree to this Agreement, you must immediately discontinue your use of the Services and any applicable additional features. Because our Services are evolving over time we may change or discontinue all or any part of the Services and additional features, at any time and without notice, at our sole discretion, as well as add extra features.
(g) The success of our Services depends on the adherence to the terms of this Agreement by you and other Users. While we will do our best to enforce the terms of this Agreement, we cannot warrant or represent that other Users will in fact adhere to this Agreement and cannot act as insurers or accept any liability for their failure to do so.
(h) To avoid any doubts, CHECKREWARDS is only responsible for the payment of taxes and levies, imposed on CHECKREWARDS by the applicable legislation, and is not responsible for the calculation and payment of your taxes and/ fees, unless directly provided otherwise by the applicable legislation. You shall bear your own responsibility for payment of all taxes.
(i) CHECKREWARDS does not provide financial services, money services, money remittance services, does not issue bank cards or other payment instruments. Earned cashback is not money, a form of payment or a payment instrument, but a marketing solution aimed at boosting popularity of our Services and our partner stores. The cashback transfer and/or issuance/topping up of gift cards (if such option is present in the Application and/or on the Website) is performed by third parties engaged by us.
(a) By accessing or using the Services in any way, clicking on a button or taking similar action to signify your affirmative acceptance of this Agreement, you hereby represent that:
- You have read, understand, and agree to be bound by this Agreement and any future amendments and additions to this Agreement as published from time to time at this link or through the Services;
- You are at least 18 (eighteen) years old;
- You have the authority to enter into the Agreement personally. Except as otherwise provided herein, if you do not agree to be bound by the Agreement, you may not access or use the Services. In addition, if you have been previously prohibited from accessing the Services, you are not permitted to access our Website, Application or the Services.
(c) Confidentiality. In your use of the Services, you may have (or have been given) access to information that is designated as confidential or that reasonably should be considered to be confidential given the nature of the information and/or the circumstances of disclosure (collectively, “Confidential Information”). Confidential Information does not include information that: (i) is in the public domain at the date of disclosure (and did not fall into the public domain as a result of your breach of this policy or any other confidentiality agreement); (ii) was rightfully in your possession before you gained access to it through the Services (and you can prove this fact by admissible, written evidence); or (iii) was rightfully received from a third party (who was in lawful possession of it) without any confidentiality or non-use restrictions. You will not use the Confidential Information other than for purposes of your authorized use of the Services. Further, you will maintain as confidential and not disclose any Confidential Information. Nothing shall prevent you from disclosing information obtained through the Services if compelled to do so by a court of law or government agency, on the condition that you provide advance notice to us and allows us a reasonable opportunity to intervene in the proceeding to protect the confidentiality of the Confidential Information.5. User Restrictions. Disclaimers.(a) To the extent permissible under applicable laws, no software from the Services may be downloaded, exported, or re-exported: (i) into (or to a national or resident of) any country or other jurisdiction to which there are embargoes and/or ongoing sanctions; (ii) to anyone individually sanctioned by any nation, if such sanctions legally restrict corresponding operations. You are responsible for complying with all applicable trade regulations and laws both foreign and domestic. You are strictly prohibited to use the Website, the Services and the Application, of such use violates any ongoing and/or applicable sanctions and/or restrictive measures.(d) For the avoidance of doubt, CHECKREWARDS is not a marketplace, marketplace facilitator, online shopping platform, remote seller or any other entity performing sales or providing opportunity to purchase products from CHECKREWARDS or other entities. CHECKREWARDS is not a payments operator, credit or a loan provider, not a financial or a micro financial organization, not a credit union and/or organization and/or bank. CHECKREWARDS does not provide financial services. You are solely responsible to make sure your actions while using the Services are in compliance with the all applicable policies and restrictions. CHECKREWARDS reserves the right to block/suspend you in the event you violate and/or suspected of violating any of the restrictions set out in this Agreement with no prior notice and compensation, as well as in other cases. CHECKREWARDS reserves the right to withhold payment of cashback to you, including in the events where you uploaded a blurry/illegible/poor quality copy of the shopping bill, where the shopping bill is suspected of being fake and/or is fake, as well as in other cases with no sanctions towards CHECKREWARDS. (e) CHECKREWARDS does not warrant that the quality of Services will meet your expectations, or that any errors in the Services will be corrected.(f) You are solely responsible for complying with all restrictions, including legal restrictions, if imposed by any jurisdiction, state authority or other entity. CHECKREWARDS has no obligation to inform you of their existence, as well as perform any audits of your activities regarding compliance with such restrictions, guides, rules and policies.6. User Submissions and Content.(a) Permissions to Your User Content. We may provide you with interactive opportunities through the Services, which may allow you to upload content such as pictures of the shopping bills, as well as other content, if the Services provide for such opportunity. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as “User Content”. We do not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to your User Content. You hereby grant us a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use the User Content in connection with our business and in all forms now known or hereafter invented (“Uses”), without notification to and/or approval by you, except as otherwise required by law.
- You will only use the Services for lawful purposes, including as stipulated in the Account, and not for deceptive or fraudulent purposes; you will not impersonate or misrepresent your affiliation with any person or entity; you will not send or store any unlawful material.
- You will upload only authentic unique shopping bills from your own purchases in fully readable quality for the purposes of receiving cashback, subject to the other terms of this Agreement. When requested by you, the cashback shall be transferred in the amount and in the timeframe specified within the Application and/or Website, and if not specified – in the reasonable time subject to our sole discretion.
- All shopping bills uploaded by you shall have a VAT or an equivalent number for the merchant. You cannot upload bills from merchants who are not registered for such taxes, as well as handwritten bills.
- The amount of cashback per the shopping bill shall be defined on the Website and/or in the Application. The maximum amount of cashback to be earned by you shall be defined on the Website and/or in the Application.
- If you earned cashback in the previous calendar months and have not withdrawn it, it will be saved in your account for further withdrawal for the subsequent month.
- On order to earn cashback you can also browse the catalog of partner stores in the CHECKREWARDS app, click the blue button under the logo of your desired store to visit their website, complete your purchase as usual, and once the order is paid and delivery is confirmed, the expected cashback amount will appear in your Account, pending confirmation from the store.
- The ways and options to transfer cashback shall be defined in the Application and/or the Website and are subject to change at our sole discretion.
- You will not use the Services to cause nuisance, annoyance or inconvenience, including by sending any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation.
- You will not copy or distribute any content displayed through the Services, nor use, display, mirror or frame the Services or any individual element within the Services, CHECKREWARDS’s name, any CHECKREWARDS trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without CHECKREWARDS’s express written consent. You will not attempt to reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain improper access to any software component of the Services (such as the source code), in whole or in part, or use access to the Services to develop any competing offering. You will not use any such materials for any purpose other than the permitted use of the Services.
- You will not in any way use, or use any means to gain access to, the Services or any Confidential Information (as defined in Section 4(c)) for benchmarking or competitive analysis with respect to competitive or related products or services, or to develop, commercialize, license or sell any product, service or technology that could, directly or indirectly, compete with the Services.
- You will not create or compile, directly or indirectly, any collection, compilation, or other directory from any content displayed through the Services except for your own personal use consistent with the permitted use of the Services. This includes, without limitation, any listing of brands or other users of the Services that may be available.
- You will not collect or store any personally identifiable information from the Services from other users of the Services without their express permission, and you will timely inform us of any such permission received.
- The information you provide to us or otherwise communicate with us is complete and accurate.
- You will not use the Services in any way that could damage, disable, overburden or impair any of our servers, or the networks connected to any of our servers, or interfere with, or disrupt the integrity or performance of, the Services, or any data or content contained therein or transmitted thereby.
- You will not attempt to gain unauthorized access to any part of the Services (including non-public areas of the Services) and/or to any service, account, resource, computer system, technical delivery systems and/or network connected to any of our servers, including by avoiding, bypassing, removing, deactivating, impairing, descrambling or otherwise circumventing any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Services.
- You will not deep-link to the Services or access or search the Services or download, scrape, copy, monitor, or record any portion of the Services or any data or content contained within or transmitted by the Services, manually or with any engine, automated program, software, tool, agent, device, mechanism (including robots, spiders, web crawlers, extraction software, data mining tools, automated process and/or other devices), or any other method of screen scraping, unless we have provided tools expressly for such purposes.
- You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Services.
- You will not use the Services, or any portion thereof, for the benefit of any third party or products competitive with CHECKREWARDS or otherwise in any manner not permitted by this Agreement. For the avoidance of doubt, you will not use any portion of data or content contained within or transmitted by the Services, for any commercial use apart from the use of the Services for the purposes intended in our offering of them.
- You will not encourage or enable any other third party to take any action prohibited by this Agreement.
- You will have other obligations as stipulated in this Agreement and the applicable legislation.
(b) Your Responsibility for User Content. You are solely responsible for all your User Content and you represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post and/or otherwise transmit through the Services. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by CHECKREWARDS on or through the Services will: (i) infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy; (ii) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) be fraudulent, false, misleading or deceptive; (iv) be defamatory, obscene, pornographic, vulgar or offensive; (v) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) be violent or threatening or promote violence or actions that are threatening to any person or entity; (vii) promote illegal or harmful activities or substances; or (viii) otherwise result in the violation of any applicable law or regulation.
(c) Removal of User Content. You can remove your User Content by contacting us or by using the functionality of the Application, if such functionality is available. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
(d) Feedback. You agree that any submission of any ideas, suggestions, and/or proposals to us through our suggestion, feedback, or similar pages (“Feedback”) is at your own risk and that we have no obligations (including obligations of confidentiality) with respect to such Feedback. If you choose to submit such Feedback, you agree that we are free to use it without any restriction or compensation to you. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to us a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback, except as otherwise required by law.
(e) Ratings and Reviews. To the extent that you may be asked to rate and post reviews of brands and/or companies (“Ratings” and “Reviews”), such Ratings and Reviews are considered User Content and are governed by this Agreement. Ratings and Reviews are not endorsed by us and do not represent our views. We do not assume liability for Ratings and Reviews or for any claims for economic loss resulting from such Ratings and Reviews, although we may modify, change and/or delete such Ratings or Reviews at our sole discretion without notifying you.
7. Intellectual Property Ownership.
We (and our licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services, or any intellectual property rights owned by us. Our name, logo, and the product names associated with the Services are our trademarks or belong to third parties, and no right or license is granted to use them. You agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
ID number: 03515613
CETINJSKA BR. 11, THE CAPITAL PLAZA
You have the legal right to provide us such access or refuse, as well as refuse to provide any other information, but please be advised that such refusal may result in us being unable to provide any Services to you.
11. Third-Party Interactions.
The Services (including the Application) may contain links to third-party websites and advertisements (collectively, “Third-Party Websites & Advertisements”). When you click on a link to a Third-Party Website or Advertisement, we will not warn you that you have left our Website and Application and will not warn you that you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites & Advertisements are not under our control. We provide access only as a convenience and are not responsible for any Third-Party Websites or any Third-Party Advertisements. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Websites & Advertisements, or their content, products or services. You use all links in Third-Party Websites & Advertisements at your own risk. You should review applicable terms and policies, including privacy and data gathering practices of any Third-Party Websites, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
You agree to indemnify and hold harmless CHECKREWARDS and its officers, directors, employees, agents, and affiliates (each, an “Indemnified Party”) from and against any losses, claims, actions, disputes, demands, costs, damages, penalties, fines and expenses, including attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from: (a) your User Content; (b) your use and/or misuse of the Services; (c) your violation of this Agreement; or (d) your violation of any applicable laws, rules or regulations through or related to the use of the Services. In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this Section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and attorneys’ fees incurred by the Indemnified Party. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services. You agree that the provisions in this Section will survive any termination of your Account, this Agreement, or your access to the Services.
13. Lack of warranties.
(a) YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT THE SERVICES (INCLUDING ANY SERVERS OR OTHER HARDWARE, SOFTWARE AND ANY OTHER ITEMS USED OR PROVIDED BY US IN CONNECTION WITH THE SERVICES) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, TRUTHFULNESS, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH OUR SERVICES, OR THE SERVICES, TEXT, GRAPHICS, OR LINKS.
(b) WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE ON AN UNINTERRUPTED, SECURE, BUG-FREE, OR ERROR-FREE BASIS OR THAT THE SERVICES ARE FREE OF ANY FAULTS OR DEFECTS OR COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.
14. Limitation of Liability.
(a) UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHER LEGAL THEORY) SHALL CHECKREWARDS BE LIABLE TO YOU OR ANY THIRD PARTY FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR DATA BREACH, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER OR NOT CHECKREWARDS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE; OR (II) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES (INCLUDING ATTORNEYS’ FEES) IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE TWO (2) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, RS ONE HUNDRED (100) OR OTHER CURRENCY EQUIVALENT. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THESE STATES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
(b) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CLIENT AND YOU.
15. Dispute resolution.
To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and CHECKREWARDS agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the designated courts of Montenegro in accordance with the legislation of Montenegro, unless directly stipulated otherwise in the legislation of Montenegro.
(a) Reservation of Rights. CHECKREWARDS and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
(b) No Joint Venture or Partnership. No joint venture, partnership, employment, or agency relationship exists between you, CHECKREWARDS or any third-party provider as a result of this Agreement or use of the Services.
(c) No Third-Party Beneficiaries. Nothing contained in this Agreement will be deemed to create any third-party beneficiary right upon any third party whatsoever.
(d) Choice of Law. This Agreement, and all matters arising from, related to, or connected with it, is governed by the laws of Montenegro, without giving effect to any principles that provide for the application of the law of any other jurisdiction.
(e) Severability. Except as otherwise provided herein, if any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
(f) Electronic Communications. For contractual purposes, you: (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
(g) Entire Agreement. This Agreement is the final, complete and exclusive understanding and agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior proposals, understandings, discussions, or other communications between the parties, oral or written, with respect to such subject matter.
(h) Assignment. You may not assign or transfer this Agreement or any rights granted hereunder, by operation of law or otherwise, without CHECKREWARDS’s prior written consent, and any attempt by you to do so, without such consent, will be void. CHECKREWARDS may freely assign this Agreement. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
(i) Waiver of Rights. Failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. The waiver of any such right or provision will be effective only if in writing and signed by CHECKREWARDS’s duly authorized representative. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.
(j) Interpretation. The headings to Sections of this Agreement are for convenience or reference only and do not form a part of this Agreement and will not in any way affect their interpretation. For purposes of this Agreement, the words and phrases “include”, “includes”, “including”, and “such as” are deemed to be followed by the words “without limitation”.
(k) Force Majeure. Neither party will be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder (except for failure to timely pay) if such delay or default is caused by conditions beyond its reasonable control including acts of God, government restrictions (including the denial or cancellation of any export or other necessary license), acts of terrorism, wars, disease, or insurrections.Contacting usIf you have any questions, concerns, or complaints regarding this Policy, the information we hold about you, or if you wish to exercise your rights, we encourage you to contact us using the details below:[email protected]We will attempt to resolve complaints and disputes and make every reasonable effort to honor your wish to exercise your rights as quickly as possible and in any event, within the timescales provided by applicable data protection laws.This document was last updated on June 22nd, 2023