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PRIVACY AND TERMS
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Privacy and Terms
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TERMS AND CONDITIONS
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.
This End-User License Agreement ("Agreement") is a legal agreement between you, the individual user ("User"), and Chikka Philippines, Inc. for the Chikka API which this Agreement is attached to or is a part of ("Chikka API"). Chikka API includes any and all materials, printed or electronic, furnished together with or in conjunction with the Chikka API and shall include all modifications and versions thereof. Additional terms and conditions governing your rights and obligations regarding the Chikka API and your use thereof are specified in Chikka Terms of Service ("Chikka Terms of Service"). Any reference made in this Agreement to Chikka Philippines, Inc. shall be deemed to include, its subsidiaries, successors, assignees, affiliates 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 API shall be deemed your acceptance to be bound by all the terms and conditions of this Agreement and the Chikka Terms of Service. If you do not fully agree with all the terms and conditions of this Agreement and the Chikka Terms of Service, please refrain from installing or using the Chikka API or accessing and using the services included therein.
Grant and Termination of License
Chikka Philippines, Inc. hereby grants User a license, on an "AS-IS, WHERE-IS" basis, for purely private personal use and with no right to sublicense, to install and use the Chikka API in accordance with the terms and conditions of this Agreement and the Chikka Terms of Service. User acknowledges and agrees that the license is being granted without consideration other than User's faithful compliance with such terms and conditions. Any use of the Chikka API in violation of or not in strict compliance with such terms and conditions shall constitute the automatic termination of the license and the Agreement and shall equally constitute a bar to User's access and use of the Chikka API and the Chikka Services. In addition, Chikka Philippines, Inc. may exercise any and all rights and remedies it may have. Upon such termination, User shall destroy his copies of the Chikka API.
Intellectual Property Rights
The Chikka API, any and all of its aspects, parts or components, or any combination or permutation of such aspects, parts and components, are the exclusive intellectual property of Chikka Philippines, Inc. and are protected under intellectual property laws and treaties. Generally, User may not exercise any ownership rights over the Chikka API, any and 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 API, any and all of its aspects, parts or components, or any combination or permutation of such aspects, parts and components.
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 API, and the Chikka Services. User acknowledges and agrees to assume all risks relating to or arising out of such acts by Chikka Philippines, Inc. to the exclusion of Chikka Philippines, Inc..
Use of Chikka API
User acknowledges and agrees that the license granted herein for the use of the Chikka API may include business, commercial or institutional activities or pursuits, provided that it shall be limited to the use allowed by Chikka Philippines, Inc. User shall not use the Chikka API, or any Chikka Services for purposes contrary to law, public policy, customs and morals.
Restrictions on Use of Chikka API
User agrees to comply with all terms and conditions of use that User uses or connects to through the Chikka API. This includes, but is not limited to, proper registration such as acquisition and use of a user name and password. The Chikka API may not be used to upload or transmit any items that are illegal, harmful, harassing, defamatory, vulgar, libelous or otherwise objectionable. User may not use the Chikka API 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 API. Chikka Philippines, Inc. 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 this Agreement. USERS REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS THEY HAVE POSTED IN THE PUBLIC AREAS OF THE CHIKKA API AND TRANSMITED IN PRIVATE E-MAIL OR INSTANT MESSAGES.
No Unlawful or Prohibited Use
No user can use the Chikka API for any purpose that is unlawful or prohibited by this Agreement. Users may not use the Chikka API 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; (d) carry out any unauthorized alteration of any data or information on or supplied by another user of the Chikka API; (e) upload, post, e-mail or transmit any junk mail, or any other unauthorized communication, advertisement, or promotion; (f) 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; (g) impersonate or misrepresent any person or entity or the origin of any Download; or (h) collect, store, transmit, exchange or otherwise distribute the personal information of any users.
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 API in any manner that could harm, immobilize, overload, or impair any Chikka service or interfere with any other party's use and enjoyment of any Chikka service. Chikka reserves the right, in its sole discretion, to terminate your access to the Chikka API and the related services at any time, with or without cause and without notice.
Public Areas of the Chikka API
By posting information, data and/or content to any public forum or area of the Chikka API, the User automatically grants the irrevocable, non-exclusive, fully-paid worldwide license and rights to Chikka Philipppines, Inc. to use, publicly publish, publicly perform, copy, display and disseminate said information, data and/or content. The use also grants the right to Chikka Philippines, Inc. to create derivative works of, or incorporate into other works, such information, data and/or content and to grant the sub-licenses of said information.
Copyright and Trademark Information
"Chikka" is a registered trademark of Chikka Philippines, Inc. All other trademarks, trade names, service marks, service names are the property of their respective holders.
You agree to indemnify, defend and hold harmless Chikka Philippines, Inc. 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 Service, and (b) the breach by you of your representations and warranties set forth herein.
Termination and Cancellation of Services
You agree that Chikka Philippines, Inc. at its sole discretion, may at any time terminate this Agreement, suspend or discontinue your use of the Service and individual services provided via the Service, access to the Chikka API, or any portion thereof immediately and without prior notice and without cause. Reasons may include notification by third parties that a User's activities are infringing on third party rights or are illegal according to applicable jurisdictions.
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and Chikka Philippines, Inc. regarding the Chikka API 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 this Agreement.
You agree that the terms of this Agreement are severable. If any part of this Agreement is held invalid or unenforceable, that term or provision will not affect the remainder of this Agreement, the remaining portions shall remain in full force and effect. This Agreement will be deemed amended to the extent necessary to make this Agreement enforceable, valid and, to the maximum extent possible, consistent with applicable law, consistent with the original intentions of the parties; 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. You agree not to copy, distribute, sell or resell the use of the Chikka API or the Chikka Services or any portion thereof.
No waiver of any term of this Agreement shall be rendered effective unless it is in writing, and signed by a duly authorized representative of Chikka Philippines, Inc. The remedies of Chikka Philippines, Inc. under this Agreement 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 a party, at any time or from time to time, to require performance of any obligations of the other party hereunder shall not affect its 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.
Disclosure of Risks by Chikka Philippines, Inc. and User's Assumption of Such Risks
The Chikka API, and the Chikka Services are intended to facilitate internet to mobile, and vice-versa communications. As with any internet-based facility, they are not intended, and Chikka Philippines, Inc. hereby disclaims any intimation, suggestion or representation to the contrary, to be a facility free of various security, privacy and reliability issues.
Thus, in addition to well-known risks attendant in any internet or internet-related use, any use of the Chikka API, and the Chikka Services for the transmission and reception of messages which contain confidential or any other content-sensitive matters or messages which if delayed or not received may result in damage is inherently risky. The User therefore is advised not to use and is warned from using the Chikka API, and the Chikka Services for such messages. If User uses the Chikka API, and the Chikka Services for such messages, User expressly and exclusively assumes the risks thereof to the exclusion of Chikka Philippines, Inc..
Charge for Use
The fees to be paid to Chikka Philippines Inc. are set forth on our website pricing page or communicated to Users via email. Chikka Philippines Inc. has the right to issue a price change without notice.
Payments and payment terms to be made by third parties to Chikka Philippines, Inc. for the Services are based on Prepay terms. Chikka Philippines, Inc. shall not be obliged to perform any Services under this Agreement if User has not provided payments.
For FREE TRIAL accounts. The system will deactivate the Short Code of user's account and will make it available to other users 30 days after the expiration of user's free credits. The system will send an email reminder to users 1 week prior to the deactivation of the Short Code. Users who still sign in to the web site will be redirected to the purchase page/upgrade page.
User's Short Code will automatically be removed from his account on the 31st day following the deactivation and will be made available to other users should he fail to upgrade his free trial account within the grace period of 30 days;
Users will need to upgrade his free trial account before availing of another Short Code.
For UPGRADED ACCOUNTS. User's Short Code that are inactive and have balance of 500 pesos and below will be deactivated after 90 days. User's Short Code will automatically be removed from user's account on the 91st day and be made available to other users unless user purchases additional credits or uses the account.
Revenue Share for Developers
CHIKKA shall within thirty (30) days from receipt of the settlement reports from the relevant carriers and/or partners, prepare and submit to Client/Partner a report setting out the revenue share of Client/Partner from the Service in the preceding month. Client/Partner shall invoice CHIKKA monthly for its relevant share in accordance with CHIKKA's monthly report. CHIKKA shall settle the invoice within thirty (30) days from the date of receipt of the payment from the relevant wireless carriers and/or partners.
For Check payments, a valid ID (Driver's License, Passport, Postal ID, SSS) and TIN is required upon claiming.
For Paypal accounts, payment will be credited to the same account used for purchases on the site.
Disclaimer of Warranties
CHIKKA PHILIPPPINES, INC. MAKES NO AND 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 API, AND THE CHIKKA SERVICES. USER ASSUMES THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE CHIKKA API, AND THE CHIKKA SERVICES TO THE EXCLUSION OF CHIKKA PHILIPPINES, INC..
Chikka Philippines, Inc. shall provide services that meet reasonable commercial standards. Chikka Philippines, Inc. does not warrant that the services will be fault-free, that it will be available continuously or that all accessible carriers will be reachable at all times.
Chikka Philippines, Inc. is not responsible in any way for any mobile telecommunications systems or networks, which it does not operate and in particular for the network of the Operators. Chikka Philippines, Inc. shall not be held liable for the acts or omissions of carriers (including suspension or termination of Chikka Philippines, Inc. connections and/or contracts with any Carrier) or for faults in or failures of their apparatus or network, and in general for any other technical reason attributable to Carriers.
Limitation of Liabilities
CHIKKA PHILIPPPINES, INC. WILL NOT BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY AND ALL DAMAGES, HOWEVER CLASSIFIED OR CATEGORIZED, ARISING OUT OF OR RELATED TO THE USE OR NON-USE, MISUSE, AVAILABIL!TY OR RELIANCE ON THE CHIKKA API, AND THE CHIKKA SERVICES NOTWITHSTANDING THE FACT THAT CHIKKA PHILIPPPINES, INC. SHALL HAVE BEEN INFORMED OR NOTIFIED OF THE POSSIBILITY OF THE INSTANCE OF SUCH DAMAGES.
Amendment of Terms and Conditions
Chikka Philippines, Inc. may, at its sole and exclusive discretion, amend, modify, vary or altogether change the terms and conditions of this Agreement and the Chikka Terms of Service. By maintaining usage of the Chikka API, and the Chikka Services for a period of thirty (30) days after such change is posted on the Chikka website, User is deemed to have agreed to amended, modified, varied or new terms and conditions.
Choice of Law and Forum
This Agreement, the Chikka Terms of Service and the use of the Chikka API, and the Chikka Services shall be governed by the laws of the Republic of the Philippines. User expressly agrees that any and all dispute relating to or arising out of this Agreement, the Chikka Terms of Service and the use of the Chikka API, and the Chikka Services shall be subject to the exclusive jurisdiction of the appropriate courts of the Republic of the Philippines.
Subject to the other provisions of the Agreement, Chikka Philippines, Inc. will help you with any queries or problems that you may have with the Chikka API and Service. Please send your inquiries through email to firstname.lastname@example.org.
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