Terms of Use
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 Chikker Service. 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.
The Chikker Service includes: (a) the services that may be provided or accessed through the Website located at www.chikker.com and Mobile; (b) any and all materials, printed or electronic, furnished together with or in conjunction with the Chikker Service; and (c) all modifications and versions of the Chikker Service or its components released by Chikka.
Description of Service. Chikker Service is a mobile and web-based messaging platform which allows users to post and share their thoughts to their followers. Users can create an account by registering in the Website or via mobile. Please read the Terms of Use (TOU) set out below before using the Service. The TOU lists the terms under which you may access and use this Service.
Access to the Service. To use the Service, you must have a post-paid or a pre-paid subscription with a participating mobile communications carrier or have access to a mobile communications network for which Chikka makes the Service available, as well as any carrier services necessary to download content, and pay any applicable service fees associated with any such access. You must provide all necessary equipment and software to access and connect to the Service, including, but not limited to, a mobile hand set or other wireless access device, and a computer that is in working order and suitable for use in connection with the Service. User may access the Chikker Website by entering the mobile number and password in the Website. Users can create an account and assign a unique username.
You certify to Chikker that if you are an individual, (i.e., not a corporation) you are at least 13 years of age. You also certify that you are legally permitted to use the Service and access the Site, and takes full responsibility for the selection and use of the Service and access of the Site. This Agreement is void where prohibited by law, and the right to access the Site and use the Service is revoked in such jurisdictions.
Chikker will use reasonable efforts to ensure that the Site and Service are available twenty-four hours a day, seven days a week. However, there will be occasions when the Site and/or Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by Chikker to minimize such disruption where it is within Chikker’s reasonable control.
Acceptance of Terms and Conditions. Your use of the Chikker Website 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 Chikker Website or accessing and using the Service.
Intellectual Property Rights. User does not and will not possess and may not exercise any ownership rights over the Chikker Website, 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 Chikker Website, the Service, any and all of its aspects, parts or components, or any combination or permutation of such aspects, parts and components.
Copyright and Trademark Information. "Chikker" is a registered trademark of Chikka. The Service Provider respects intellectual property and does not encourage copyright infringement. If you believe that your material has been infringed through the Chikker Service, please send Chikka Philippines, Inc. a written notice with the following information: (a) Signature of a person authorized to act on behalf of the copyright that was allegedly infringed; (b) Description of the copyrighted work claimed to have been infringed; (c) Description of where the material was allegedly infringed; (d) Contact details, address, telephone number and email address; (e) Statement of good faith that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) Statement under penalty of perjury, that the information in the written notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please send the above information in hard-copy writing to the address below:
Chikka Philippines, Inc
Penthouse, Anson’s Center
23 ADB Avenue, Ortigas Center, Pasig City
Email: partners@chikka.com
Availability, Modifications and Reduction of Software Functionalities. User acknowledges and agrees that Chikka Asia 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 Chikker Website, 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 Chikker Website 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 Chikker Website 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, are not attributable to Chikka. The Chikker Service 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 Chikker Service, 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 there from. Any information and content posted, or otherwise made available, on the Chikker Website shall not be deemed confidential or secret information.
The Chikker Service may not be used to upload or transmit messages or any items that are illegal, harmful, harassing, defamatory, vulgar, libelous or otherwise objectionable. User may not use the Chikka Service to breach or misappropriate any intellectual property rights of a third person or for any illegal activities. All information, data, text, files, links, messages and other materials or content 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 service. The Chikka Service 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 Use, although the Chikka Service has no obligation to any person to do so. USERS REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS THEY HAVE POSTED IN THE CHIKKER WEBSITE AND TRANSMITTED IN PRIVATE E-MAIL, TEXT 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.
Restrictions on Use of Website; Third-Party Social Networks. User agrees to use the Chikker Service for purely private personal use and in accordance with these Terms of Service. Any use of the Chikker Service 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 Chikker Service including the Chikka Services without prejudice to any right or remedies available to Chikka. Upon such termination, User shall not access or use the Chikker Service. User agrees to comply with all terms and conditions of use of any and all third-party social networks that User uses or connects to through the Chikker Service. This includes, but is not limited to, proper registration with such third-party social networks, such as acquisition and use of a user name and password for such social networks.
No Unlawful or Prohibited Use. No User shall use the Chikker Service for any purpose that is unlawful or prohibited by this Terms of Service. Users may not use the Service 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, distressing, 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 Website; (e) upload, post, e-mail or transmit any unsolicited communications (or "spam" "chain letters" or "pyramid schemes"), 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 (h) collect, store, transmit, exchange or otherwise distribute the personal information of any users of the Chikka Service or any other web site; (i) manipulate identifiers in order to disguise the origin of any Content transmitted via the Service; (j) collect or store personal data about other users; and (k) intentionally or unintentionally violate any law, while accessing the Service or in connection with your use of the Service in any manner.
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 Chikker Service or any Chikka Service in any manner that could harm, immobilize, overload, or impair the Chikka Service or such Chikka Service or interfere with any other party's use and enjoyment of the Chikker Service or such Chikka Service. Chikka reserves the right, in its sole discretion, to terminate your access to the Chikker Website and Chikka Service at any time, with or without cause and without notice. You agree not to make any unauthorized copy of the Chikker Website, any Chikka Service or any portion thereof.
Indemnification. 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 Chikker, including the Chikka Services, and (b) the breach by you of any of these Terms of Use.
Termination and Cancellation of Services. You agree that Chikka, at its sole discretion, may at any time terminate these Terms of Use, suspend or discontinue your use of the Chikker Service or any portion thereof 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 Use. Chikka may terminate the Chikker Service or make changes to any or all portions of the Chikker Service at any time, and without notice or liability.
Disclosure of Risks by Chikka and Users' Assumption of Such Risks. Chikka hereby disclaims any representation or warranty that the Chikker Service be available on an uninterrupted basis or will operate without error. The Chikker Service 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 Chikker Service for any such messages, User assumes all risks thereof to the exclusion of Chikka Philippines, Inc.
Charge for Use. For areas supported by a local network operator, computer-to-mobile transactions, and mobile-to- computer transactions of the Chikker service may be subject to the customary tariffs imposed and charged by the local network operator and by Chikka Philippines, Inc.
Subscription to the Chikker Service will incur fees that unless otherwise indicated, will be invoiced on your carrier's bill or deducted from your prepaid 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 effectivity of such change. The new fees shall take effect immediately and are not refundable, except as otherwise specified.Your continued use of the Chikker Website and Service signify your agreement to pay all applicable charges. If you do not accept the fees, you can opt-out of the service by following the procedure in the Chikker Website.
General Practices regarding Use and Storage. You acknowledge that Chikka Philippines, Inc. may, in its sole discretion, establish general practices and limits concerning use of the Chikker Service, including without limitation the manner in which the Service is used, the maximum number of days that messages or other uploaded Content will be retained by the Chikker Service, the maximum number of messages that may be sent from or received by an account on the Chikker Service, the maximum disk space that will be allotted on Chikka's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Chikker Service in a given period of time. You agree that Chikka Philippines, Inc. or its subsidiaries, successors, assignees, and affiliates and any company that controls Chikka Philippines, Inc., directly or indirectly, and any other subsidiary of such controlling company, has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by or made available through the Chikker Service. You acknowledge that Chikka Asia,Inc. reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Chikka reserves the right to modify these general practices and limits from time to time in our sole discretion, with or without notice, and you agree that your continued use of the Chikker Service after such modification will constitute your acceptance of and agreement to be bound by the modified general practices and limits.
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 CHIKKER SERVICE. USER ASSUMES THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE CHIKKER SERVICE, 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 GROUPS WEBSITE OR THE CHIKKA SERVICES NOTWITHSTANDING THE FACT THAT CHIKKA MAY HAVE BEEN INFORMED OR NOTIFIED OF THE POSSIBILITY OF THE INSTANCE OF SUCH DAMAGES.
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 Use. Your continued use of the Chikka Groups Website following the posting of changes to this Terms of Use means you accept these changes.
Choice of Law and Forum. This Agreement, the Privacy Policy, and the use of the Chikka Website and the Chikker Service 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 Use, the Privacy Policy and the use of the Chikka Website and the Chikker Service 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 Groups Website or Chikka Service. Please send your inquiries by email to mailus@chikka.com.
Miscellaneous. You agree that these Terms of Use constitute the entire, complete and exclusive agreement between you and Chikka regarding the Chikka Website and Chikker Service 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 Use.
You agree that the provisions of these Terms of Use are severable. If any part of these Terms of Use is held invalid or unenforceable, that term or provision will not affect the remainder of these Terms of Use, and the remaining portions shall remain in full force and effect. These Terms of Use 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 Use 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 Use 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.