Terms & Conditions

Overview

All use of the website, information, services, and content distributed through or in conjunction with or made available on the website is offered to you subject to your acceptance of these Terms & Conditions, our Privacy Policy and Permitted and Prohibited Uses Policy. By purchasing any goods or services from this website, you are furthermore bound by this site's Service Agreement.

The following terms and conditions incorporate a legal agreement between you (“You”) and Expert Software GmbH (“Expert Software”, “Checkify”) and set forth the terms and conditions by which Expert Software will make the Checkify API service available in order to electronically provide You with use of and access to Checkify Data & Services.

Checkify API Services

For the purposes of this Agreement, “Checkify API Services” shall consist of:

  • all data and information feeds, media, software, and/or electronic documentation made available or supplied by Expert Software or its licensees and
  • certain other software, data, and/or documents supplied by Expert Software or its licensees to facilitate use of such data or services. “Checkify API Data and Services” means Expert Software’s service or application programming interface that allows You and other authorized licensees to access Checkify API Data & Services and make use of Checkify API Services. This Agreement includes all amendments, addendums, and revisions to the terms herein in effect between You and Expert Software from time to time.

Acknowledgement

By accessing or otherwise using the Checkify API, You acknowledge that You:

  • have read all of the terms and conditions of this Agreement;
  • agree to be bound by the terms and conditions of this Agreement;
  • agree to check the Checkify API pages from time to time for any updates or amendments to the terms and conditions of this Agreement; and,
  • have the power and authority to enter into this Agreement. If You do not acknowledge the above, You may not access or use the Checkify API. If You are dissatisfied with the terms, conditions, rules, policies, guidelines, or practices of Expert Software, Your sole and exclusive remedy is to discontinue accessing or otherwise using the Checkify API.

Company Information

www.checkify.com is a site operated by Expert Software, an Australian technology company registered in Australia at the following location:

4/20 Welch Street Southport QLD 4215 Australian

Scope of License

Grant of License

Expert Software hereby grants to You a non-transferable, non-exclusive, revocable, and limited license for the term of this Agreement to access the Checkify API and use Checkify API Data & Services strictly for the limited purposes, and under the terms and conditions, as are set forth in this Agreement.

Scope of the Checkify API License

Subject to Your compliance with the terms of this Agreement, You are hereby permitted to receive, process, and display Checkify API Data & Services to individual end-users of your application(s), provided

  • such end users use Checkify API Data & Services strictly for their own personal use,
  • You do not permit Your end users to store, distribute, or otherwise exploit Checkify API Data & Services for any other purposes.

For clarity, and without limiting the forgoing, You are permitted solely to use Checkify API Data & Services for reference by Your end users. Except as expressly provided herein, under no circumstances whatsoever may You transfer or permit the transfer of Checkify API Data & Services outside of your application(s).

Use of License

Restrictions

You shall not:

  • reproduce, copy, modify, distribute, market, display, transfer, sublicense, assign, prepare derivative work(s) or adaptation(s) based on, sell, exchange, barter or transfer, rent, lease, loan, time-share, resell, or in any other manner exploit Checkify API Data & Services or the Checkify API;
  • make access to Checkify API Data & Services or the Checkify API available to unauthorized parties, or otherwise post or distribute Checkify API Data & Services in any public forum including, but not limited to, print, newsletters, radio, television, or internet;
  • remove, obscure, or alter any required notice or any notice of Expert Software’s intellectual property rights present on or in the Checkify API, including, but not limited to, copyright, trademark, and/or patent notices;
  • disassemble, translate, reverse engineer or otherwise decompile Checkify API Data & Services or the Checkify API;
  • knowingly cause or permit anything that will impair, jeopardize, violate, or infringe the intellectual property rights of Expert Software in Checkify API Data & Services or the Checkify API;
  • directly or indirectly dispute or contest the ownership, validity, or enforceability of the intellectual property rights of Expert Software in Checkify API Data & Services or the Checkify API, or assist any party to do so;
  • through Your use of Checkify API Data & Services or the Checkify API, knowingly cause or permit anything that You know or ought to know will prejudice or hamper the reputation or goodwill of Expert Software;
  • claim, use, or apply to register, record, or file any trade mark, trade name, copyright, or design that is identical or confusingly similar to Expert Software’s trademarks, or assist any other party to do so;
  • use, store, or access any Checkify API Data & Services, or the Checkify API after the termination of this Agreement;
  • use or permit others to use, market, distribute, or export Checkify API Data & Services, or the Checkify API; or,
  • use Checkify API Data & Services or the Checkify API in any manner or for any purpose that violates any law, regulation or right of any person.

Attribution

While usage of the Checkify API is not subject to Your end users being made aware by You that Expert Software is supplying the functionality you are making use of in your application(s), Your inclusion of a clickable hyperlink to the Checkify API website at https://Checkify.com would be highly appreciated.

Your Responsibility to Safeguard

You shall use Your best efforts and take all necessary steps to safeguard Checkify API Data & Services to ensure that no unauthorized reproduction, publication, disclosure, modification, distribution, or other use of any Checkify API Data & Services is made in whole or in part. To the extent that You become aware of any such unauthorized use of Checkify API Data & Services, You shall immediately notify Expert Software by emailing “support@expertsoftware.com”.

Misuse of the Licensed Product In the event that You or any end users use Checkify API Data & Services or the Checkify API in violation of this Agreement, as applicable, Expert Software shall have the option of electing liquidated damages.

Services and Data

Use of the Checkify API

Subject to the terms herein, Expert Software will provide You with access to Checkify API Data & Services over the Internet through the Checkify API. All calls to the Checkify API must reference the credentials issued to You by Expert Software. You may not disclose Your credentials to any other party. You are solely responsible for ensuring the secrecy and security of Your credentials and will be responsible for all activities that occur using such credentials. You shall not use the Checkify API in a manner that exceeds reasonable request volume or constitutes excessive or abusive usage.

Usage Limits

The extent of Your usage of the Checkify API is dependent on Your subscription plan. You shall not exceed the usage limits associated with Your account. Unused amounts of call usage will not be carried over from one monthly period to the next. If You exceed Your monthly usage limit, the Checkify API will return an error message stating that Your monthly usage limit has been reached and no further API calls can be made within the current monthly term. It is Your sole responsibility to ensure that your application(s) properly detect and handle any returned error messages. Expert Software will make reasonable efforts to help You identify and resolve usage problems, or to review the suitability of Your current subscription plan for Your needs. Expert Software reserves the right to limit or throttle the number of network calls available to Your application(s) if Expert Software (in its sole discretion) believes that such calls are being made for malicious reasons, or as the result of a technical error.

Responsibility for Software and Hardware

You shall be solely responsible for acquiring, providing, and maintaining all software/hardware and Internet Services required to access the Checkify API, including but not limited to telecommunication and internet connections, ISP, web browsers, and/or other equipment and software required to access and use the Checkify API.

Services May Be Inaccessible Or Inoperable You hereby acknowledge that from time to time, the Checkify API may be inaccessible or inoperable for any reason, including, without limitation:

  • equipment (hardware) malfunctions;
  • software malfunctions;
  • periodic maintenance procedures or repairs which Expert Software may undertake from time to time; and/or,
  • causes beyond the reasonable control of Expert Software and/or not reasonably foreseeable by Expert Software.

Service Level Agreement

If the Checkify API is unavailable to all Checkify API customers for more than three consecutive hours in any one calendar day, beginning at 12:00:01 AM London time (GMT + 01:00) and ending at 11:59:59 PM London time (GMT + 01:00) of the same day, an outage will be deemed to have occurred. If there are more than three outages within any one calendar week, beginning at 12:00:01 AM London time (GMT + 01:00) on a Monday and ending at 11:59:59 PM London time (GMT + 01:00) on a Sunday, then You may terminate this Agreement, without liability, by providing written notice to Expert Software of Your intention to do so within one calendar week of the third outage. Upon such termination being accepted by Expert Software, You shall be entitled to a refund equal to the amount You have paid for the latest term.

Right to Change Content or Format

You acknowledge that Expert Software may from time to time, and in its sole discretion, update or change the content or format of Checkify API Data or the Checkify API. Expert Software shall strive to provide reasonable advance notification of such changes; however, from time to time sudden changes may be required, and since Expert Software strives to accurately reflect these and adjust to these changes, significant advance notice is not always possible. You may be required to use the most recent version of the Checkify API in order to ensure functionality of Your application(s) with Checkify API Data & Services.

Publicity

Each Subscriber is permitted to state publicly that such Subscriber is a Subscriber of the Services. Each Subscriber agrees that Checkify (Expert Software) may include such Subscriber’s name and trademarks in a list of Checkify (Expert Software) Subscribers, online or in promotional materials. Each Subscriber also agrees that Checkify (Expert Software) may verbally reference such Subscriber as a Subscriber of the Services. Subscriber may opt out of the provisions in this section by e-mailing a request to support@expertsoftware.com.

Proprietary Rights

Trademarks

"Checkify", "Checkify.com", the Checkify logo and other identifying marks of Checkify are and shall remain the trademarks and trade names and exclusive property of Expert Software, and any unauthorized use of these marks is unlawful. Other trade-marks on the Services are the property of their respective owners.

Licensed, Not Sold

Use of Checkify API Data & Services and the Checkify API is licensed, and not sold.

Consent to Collection, Use, Retention, and Disclosure of Information

In the course of providing the Checkify API, Expert Software collects information, including standard information of the type normally exchanged when accessing any web site or web service. This information pertains only to the access of the Checkify API, and is no different in nature to the information available to any Internet web server during the course of fulfilling a standard web request. Please read Expert Software’s Privacy Policy. By agreeing to the terms of this Agreement, You are expressly consenting to Expert Software’s collection, use, retention, and disclosure of information as set out in its Privacy Policy.

No Granting of Ownership Rights

You acknowledge that Expert Software owns all right, title, and interest (including but not limited to all copyright rights therein) in and to the Checkify API Data & Services or the Checkify API, and that You shall not take any action inconsistent with such ownership. Nothing contained in this Agreement shall be construed as granting You or any end users any ownership rights in or to any Checkify API Data & Services or the Checkify API.

Expert Software’s Right to Terminate

Expert Software reserves the right at any time to terminate this Agreement, or withdraw from distributing Checkify API Data & Services or providing access to the Checkify API, if for any reason it no longer retains the right to publish or distribute the Checkify API Data & Services.

Disclaimer

Provided in Good Faith

The Checkify API is provided by Expert Software in good faith and although Expert Software endeavours to ensure that Checkify API Data & Services and the Checkify API are accurate and obtained from sources believed to be reliable, Expert Software does not guarantee or warrant:

  • the accuracy, authenticity, timeliness, reliability, appropriateness, correct sequencing, or completeness of Checkify API Data & Services or the Checkify API; or
  • that the Checkify API Data & Services or the Checkify API is free from errors or other material defects.

Disclaimer

The Checkify API and Checkify API Data & Services are provided “as is” and “as available”, without any warranty of any kind and Expert Software, its affiliates, agents and/or suppliers, officers, directors, and employees expressly disclaim any and all warranties, whether expressed or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement of the rights of third parties. In no event shall Expert Software be liable for indirect, special, punitive, or consequential damages including, but not limited to, lost profits, lost data, or otherwise. In no event shall Expert Software, any of its affiliates, or any of their data providers involved in supplying, developing, operating, or managing the Checkify API, be liable for indirect, special, punitive, or consequential damages including, but not limited to, lost profits, lost data, or otherwise. In the event the limitations and disclaimers contained in this Article are found by a court of competent jurisdiction to be ineffective or inapplicable, the parties agree that Expert Software’s maximum aggregate liability to You and all end users, whether arising in contract, tort, strict liability, or otherwise, shall be limited, and in no event shall it exceed, the amount of fees paid by You for the current term.

Disclaimer

Expert Software does not represent or warrant that the Checkify API, or access to the Checkify API, will be uninterrupted or error-free or that errors in the Checkify API and/or Checkify API Data & Services will be corrected.

Disclaimer

In no event shall Expert Software, any of its affiliates, or any of their data providers involved in supplying, developing, operating, or managing the Checkify API be liable to You or to any end users in any manner whatsoever for any interruptions, delays, the unavailability or inoperability, inaccuracies, errors, or omissions, regardless of cause, in the Checkify API and/or the Checkify API Data & Services or for any losses, damages, liabilities or expenses resulting therefrom regardless of cause, even if Expert Software knew or should have known of the possibility of or could have prevented such damages.

Indemnification by You

You shall indemnify, defend, and save harmless Expert Software, its affiliates and subsidiaries, and their officers, directors, employees and agents from any loss, damage, liability or expense (including reasonable attorneys’ fees, accountants’ fees and other legal expenses) to which any of them may become subject to and which are in any way related to or which have arisen under or in connection with:

any act or omission by You or any person connected, affiliated, or associated with You with respect to this Agreement and/or the Checkify API; and/or, any non-fulfillment or breach of any covenant or agreement on Your part pursuant to this Agreement or any incorrectness in or breach of any representation or warranty made by You contained in this Agreement.

General

These Terms & Conditions incorporate by reference all notices and disclaimers contained in the Services constitute the entire agreement between you and Checkify with respect to access to, and use of, the Services. Except as specifically set forth herein, these Terms & Conditions supersede any prior agreements, including prior oral and/or written statements or representations not contained herein, between you and Checkify relating to the Services. This agreement is not intended to create a partnership, joint venture or agency relationship between you and Checkify.

If any provision of these Terms & Conditions is invalid, illegal or unenforceable in any respect under any applicable statute or rule of law, the provision shall be deemed omitted to the extent that it is invalid, illegal or unenforceable. In such a case, the remaining provisions of these Terms & Conditions shall be construed in a manner as to give greatest effect to the original intention of the parties hereto. Checkify's failure to insist upon, or enforce, strict performance of any right or provision of these Terms & Conditions shall not constitute or be construed or deemed to be a waiver of such right or provision in the future or a waiver of any other right or provision under these Terms & Conditions.

You agree that these Terms & Conditions, Checkify's Privacy Policy and other legal documents posted through the Services have been drawn up in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the foregoing documents and any other translations thereto, the English language version of such documents shall govern.

If you are a consumer, please note that these Terms & Conditions, its subject matter and its formation, are governed by Queensland law. You and we both agree to that the courts of Queensland will have non-exclusive jurisdiction. If you are a business, these Terms & Conditions, its subject matter and its formation (and any non-contractual disputes or claims) are governed by Australian law. We both agree to the exclusive jurisdiction of the courts of Australia.

Contact

Should you have any questions, complaints, or comments about these Terms & Conditions, this service, or website, or require further clarification of any kind, please do not hesitate to contact us at: support@expertsoftware.com

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