Terms of Service

You indicate your acceptance of these terms by any of the following: 
- Clicking “I AGREE” (or similar button or checkbox) at the time you register for Check Services;
- By creating a Check account;
- By accessing or using Check Services under the Free plan;

whichever is earliest. 

‍A. GENERAL

‍These terms of service (“Terms of Service” or “Agreement”) apply to your use of the Platform and Check Services (as defined below). The term: 

“Account” means the Platform User Account, as the context may require:
- "Customer" means the User using the Platform for its features.
- “Partner” means any External Organisation/Company using the Platform for the cause of pursuing marketing campaigns, or through purposes defined in the Partnership Agreement with Check. 

“Check ”, “Company”, “we”, “our” or “us” means Check Edtech Pte. Ltd., a private limited company incorporated in Singapore.

“Check Terms” may be published on the Platform from time to time and/or documented in a separate agreement between you and Check.

"Check Services” means any service that Check may from time to time provide to you via the Platform. 

“Content” refers to any information, images, links, sounds, graphics, videos, software, user interfaces, visual interfaces, computer code or other materials including quotes, news and research data that is available on the Platform. 

"Electronic Instruction” means any instructions, communications, instructions, payments, messages, data, information or other materials from you or your Authorised Users in relation to Check Services.

“Platform” means the electronic platform available at https://app.checkeduai.com/ (or such sub-domain or additional or replacement website(s)) that allows you to use Check Services.

“Partner” means the relevant entity(ies) that provide(s) Partner Services to you.

“Partner Terms” may be published on the Platform from time to time and/or documented in a separate agreement between you and the relevant Partner.

“Partner Services” means any service provided by a Partner that is available to you via the Platform from time to time.

"Provider" means the:
- the relevant Partner or any other person (individual or non-individual) which offers services and/or products, directly or indirectly, through the Platform;
- any person to whom we outsource certain functions or activities to allow us to operate and/or provide the Platform and relevant Check Services;
- any government, regulator, law enforcement agency, financial institution, and ancillary service provider (for example, telecommunication, internet access, cloud network, logistics, facilities management, data centres, system hosting, call centres, equipment and software providers), agent or subcontractor involved in the provision of relevant Check Services; and
- our agents or storage or archival service providers for the purpose of making, printing, recording, mailing, storage, and/or filing any documents or items on which such information appears.

“you” and “your” refer to you or any of personnel you have authorised as in charge of, as the user of the Platform, and includes the company, organisation, or any other form of entity in which name your Platform User Account is registered.

‍B. LICENSE TO USE THE PLATFORM

‍Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Platform. Check reserves all rights not expressly granted herein in the Platform. Check may terminate this license at any time without assigning any reason.

Your Platform User Account gives you access to all Check Services that Check may establish and maintain from time to time and in our sole discretion. Check will maintain different types of Platform User Accounts for different types of users. The type of functionality available to you will vary based on your Platform User Account type and how your Platform User Account is configured by Check (if applicable).

‍C. ACCEPTANCE OF TERMS

‍You will be responsible for all transactions made by you or authorised by you. By using the Platform and Check Services, you are deemed to have accepted and agree to be bound by the terms of this Agreement. If you do not agree to be bound by this Agreement, you should not access or use the Platform.

We may amend, supplement and/or revise any part of this Agreement at any time with notice, and such changes shall take effect on the date specified in the notice. Any such notices and updated terms will be published on the website (https://www.checkeduai.com/). If you do not agree to changes made to this Agreement, you must notify us and discontinue your use of the Platform. Your continual use of the Platform following changes to this Agreement will constitute your acceptance of those changes.
‍
Should there arise separate Terms that are defined by Partners, it shall be made available on the Platform and notified to you. 

‍D. CHECK SERVICES

‍Platform is founded on Check Services, provided by Check Edtech Pte. Ltd. in the form of a web application. Check may at its sole discretion decline to facilitate your access to Check Services without assigning any reason.

Check Services shall include, but not limited to:
1. Facilitate the creation of a functional Check account.
2. Provision of key features such as the AI toolbox and AI Tutor function.
3. Facilitating of relations across stakeholders, disputes and enquiries; and
4. Collection and Provision of data for marketing purposes, customisation and advertising.

Your use of Check Services are subject to additional terms and conditions as Check may prescribe where necessary (“Check Terms”). Check Terms will be made known and represented on the Platform (https://www.checkeduai.com/terms) where necessary. If you do not agree to the Check Terms you must not proceed on the Platform.  

Do note that the Check Terms may be enforced by Check against you directly.

By using Check Services, you consent and agree to: 
- Check collecting information about your Platform User Account as may be necessary for you to access the various Check Services (in compliance with Check’s Privacy Policy); and
- promptly fulfil any reasonable request that Check makes to you in order to provide Check Services. Check does not endorse or provide any warranty in respect of any Check Services and you agree that to the fullest extent permitted by law, that Check will not be responsible in any event or circumstances for any liabilities or losses resulting from or in connection with your use of Check Services.

‍E. PARTNER SERVICES

‍The Partner Services are provided to you by our Partners, otherwise known as External Organisations and/or Companies. Check may at its sole discretion decline to facilitate your access to the Partner Services without assigning any reason.

Partner Services shall include, but not limited to:
- Provision of incentives such as giveaways, lucky draws, awards;
- Issuance of reminders and announcements; Issuance of vouchers and/or rewards;
- Collection of data for marketing purposes, customisation and advertising.

Your use of Partner Services are subject to additional terms and conditions as the relevant Partner may prescribe (“Partner Terms”). Partner Terms will be made known and represented on the Platform where necessary. If you do not agree to the Partner Terms you must not proceed with the relevant Partner Service(s) on the Platform.  

Do note that the Partner Terms may be enforced by the Partner against you directly.

By using the Partner Services, you consent and agree to: 
- Check sharing information about your Platform User Account with the relevant Partner as may be necessary for you to access the Partner Services (in compliance with Check’s Privacy Policy); and
- promptly fulfil any reasonable request that Check or the Partner makes to you in order to provide the Partner Services. Check does not endorse or provide any warranty in respect of any Partner Services and you agree that to the fullest extent permitted by law, that Check will not be responsible in any event or circumstances for any liabilities or losses resulting from or in connection with your use of Partner Services.

‍F. ACCESS TO THE PLATFORM

‍Access to the Platform may be available through different devices (for example, personal computers or mobile devices). The Platform primarily functions in Singapore, and is subject to relevant laws and regulations of the country you are located in. Check will not be responsible for any fees, charges and expenses such as data roaming charges or any other charges which may be imposed by your telecommunication or other service providers in connection with the access and use of the Platform. Accessing the Platform from territories where its contents are illegal or unlawful is prohibited.

There may be circumstances where Check and/or the Partner may need to change the frequency and manner of use of Check Services. In certain situations, Check and/or the Partner may have to suspend Check Services without giving you prior notice. Under such circumstances, Check will not be responsible for any inconvenience, loss, damage or injury suffered by you or any third party. Check will use reasonable efforts to ensure that the Platform is available at all times. However, the Platform will be unavailable during downtimes for scheduled or emergency maintenance and/or upgrades.

Check shall have the right to decline your access to the Platform and/or to act on any Electronic Instruction without incurring any responsibility for loss, claim, liability, cost or expense arising out of so declining to act if: 
1. the Electronic Instructions are unclear, incomplete or inconsistent with other instructions issued to us by you; 
2. the Electronic Instructions have lapsed, been rendered invalid due to failure to comply with applicable conditions or are cancelled by a regulatory or governmental body;
3. the Electronic Instructions cannot be processed due to any disruptions that are beyond Check’s reasonable control;
4. allowing you or your Authorised User access to the Platform or processing the Electronic Instructions might expose Check, any Partner, or any of to legal action or censure from any government, regulator or law enforcement agency;
5. you or your Authorised User have failed to comply with any term of this Agreement, any other Agreement which you or your Authorised User may have with Check, or any Partner Terms.

Check will treat all Electronic Instructions as final and unconditional when we receive them through the Platform. This means Check shall be entitled (but not obliged) to effect such Electronic Instructions without your further consent and notice to you.

‍G. FEES

‍Check may charge fees for Check Services (“Fees”), if any, it would be made known via documentation. The Fees will be notified to you via the Platform, or as otherwise separately agreed with you. The Fees may be subject to revision without prior notice to you. Your continued use of Check Services after any such revision constitutes your consent to the revised Fees.

The Fees will be invoiced to you for settlement in accordance with the terms specified on the Platform, or in the relevant invoice. If you do not make payment of the Fees by the relevant due date, Check may impose a late fee and interest on the overdue amount and be entitled to suspend your access to the Platform or use of Check Services until the overdue amount is paid in full. Any disputes may be written in via the in-built contact form on https://www.checkeduai.com/ or via email to hello@checkeduai.com, and provide justification and evidence for any refund (if applicable). If accepted, Check will process the refund within 2 weeks. The Fees do not include goods and services, value-added, sales, use, or other similar taxes or duties, and any such taxes shall be assumed and paid by you in addition to the Fees, except those taxes based on the net income of Check. 

‍H. INTEGRITY OF THE PLATFORM

‍You agree that you will not:
1. interfere with or disrupt the operation of the Platform or the servers or networks used to make the Platform available or violate any requirements, procedures, policies or regulations of such networks, or take any action that imposes an unreasonable or disproportionately large load on the Platform or any associated network;
2. transmit or otherwise make available in connection with the Platform any virus, worm or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, the Platform, any hardware, software, or equipment;
3. reproduce, duplicate, copy, sell, resell or otherwise exploit for any purposes, any portion of, use of, or access to the Platform;
4. modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Platform;
5. remove any copyright, trademark or other proprietary rights notice from the Platform or materials originating from the Platform, or infringe any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
6. create a database by systematically downloading and storing any data or content available on the Platform;
7. take any action that may cause Check to lose any of the services from its internet service providers, payment processors, or other infrastructure suppliers; and
8. use any manual or automatic device in any way to gather Platform content or reproduce or circumvent the navigational structure or presentation of the Platform.

Check reserves the right to impose at its sole discretion limits on your access to and use of the Platform based on criteria determined by Check that does not have to be disclosed. Check reserves the right to change, suspend or discontinue your account, any aspect or feature of the Platform at any time without notice and without liability. 

‍I. SECURITY OF YOUR PLATFORM USER ACCOUNT
‍
‍If you discover or suspect any unauthorised or inaccurate transactions from or to your Platform User Account, you must immediately contact us. Upon such discovery, you agree to take such steps to protect your Platform User Account, including changing any passwords to your email accounts and reporting such incidents to us immediately.

Where Check is of the view that your Platform User Account security might have been compromised, in order to protect your Platform User Account, Check may:
1. require that you identify yourself by alternative means;
2. require any Electronic Instruction to be confirmed through alternative means; and/or
3. refrain from acting upon any Electronic Instructions in order to ascertain your identity.

In such circumstances, your Electronic Instructions might not be processed within expected periods and Check will not be responsible for any inconvenience, loss, damage or injury suffered by you or any third party. Still, Check will use reasonable efforts to ensure that the issue is rectified and your security is well protected.

‍J. THIRD PARTY WEBSITES

‍The Platform may provide links to other websites and online resources that are owned or operated by Partners. Such linked websites are not under the control of any member of Check and Check cannot accept responsibility for the contents of or the consequences of accessing any linked website or any link contained in a linked website. Furthermore, the hyperlinks provided on the Platform shall not be considered or construed as an endorsement or verification of such linked websites or the contents therein by Check. You agree that your access to and/or use of such linked websites is entirely at your own risk and subject to the applicable Partner Terms.

‍K. INTELLECTUAL PROPERTY

‍The Contents on the Platform may not be reproduced, transmitted, published, performed, broadcast, stored, adapted, distributed, displayed, licensed, altered, hyperlinked or otherwise used in whole or in part in any manner without the prior written consent of Check.

All trade marks, service marks and logos used on the Platform are the property of Check and/or the respective third party proprietors identified on the Platform. No license or right is granted and your access to the Platform and/or use of the services available thereon should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade marks, service marks or logos appearing on the Platform without the prior written consent of Check or the relevant third party proprietor thereof. 

‍L. REPRESENTATIONS AND WARRANTIES

‍Check does not provide any warranty of any kind in respect of:
1. Check Services, including warranties of accessibility, quality, provision or performance of any goods or services;
2. any Content, including warranties of accuracy, adequacy, currency or reliability;
3. hyperlinks on the Platform to any other websites or content, which are not an endorsement or verification of such websites or content; 
4. the Partner Services

Check services, to the maximum extent permitted by applicable law, is provided “as is'' and Check expressly disclaims all warranties of any kind, whether express, implied, statutory or otherwise, including without limitation, any warranty of merchantability, fitness for a particular purpose, or non-infringement. 

Check makes no representation, warranty, or guarantee that Check services will operate in combination with your hardware, other software, third party services, or customer material. 

Check makes reasonable efforts to ensure Check Services are free of viruses or other harmful components, but cannot guarantee that Check Services will be free from unknown viruses or harmful components. 

Check cannot guarantee that Check Services will not incur delays, interruptions, or other errors that are outside of Check’s reasonable control and are inherent with the use of the internet and electronic communications.

‍M. DAMAGES AND LOSSES

‍You acknowledge and agree that Check will not be liable to you for any loss, damage, cost or expense incurred or suffered in connection with:
1. the Platform or any Check Services not being available due to system or server maintenance or failure, the breakdown/non-availability of any network, any computer virus or malicious code, or any transmission interruption or failure;
2. the non-delivery, delayed delivery, misdirected delivery or the non-receipt of any Check Services;
3. any non-processing or delay in processing of Electronic Instructions by us or by any Provider through whom your Electronic Instructions are transacted;
4. any transaction or Electronic Instruction initiated by you or your Authorised User being declined by any bank, financial institution, payment intermediary or other service provider;
5. inaccurate or incomplete Content, reliance on or use of the information provided on any channel and medium for any purpose;
6. any disclosure of any information which you have consented to us collecting, using or disclosing or where such collection, use or disclosure is allowed under applicable laws;
7. any unauthorised and/or unlawful access to our machines, data processing system or transmission link;
8. any act of force majeure such as acts of God, war or warlike hostilities, civil commotions, riots, blockades, embargoes, sabotage, strikes, lock-outs, fire, flood, shortage of material or labour, power failures, delay in deliveries from sub-contractors; or
9. any event outside our control.

Any claims against or disputes that you may have with a Provider are to be settled between you and the relevant Provider. You agree that you will not claim against Check in this respect.

In no event shall Check be liable to you or any other party for any indirect, special, incidental or consequential damages, loss of profits or loss opportunity arising out of or in connection with your use of the Platform or any Check Service even if we had been advised as to the possibility of such damages or losses.

‍N. OUR RECORDS

‍Our records of Electronic Instructions and Check Services operations maintained by us or by any relevant person authorised by us shall be binding and conclusive on you for all purposes whatsoever. Such records will act as final evidence and you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of the contents of such records merely on the basis that such records were incorporated and/or set out in electronic form or are produced by or were the output of a computer system. You hereby agree to waive any of your rights (if any) to object. This provision shall also apply to all records maintained by a Provider appointed or designated by us.

‍O. COLLECTION AND USE OF PERSONAL INFORMATION

‍You agree that any information provided to us may be disclosed to be used in and by the following situations stated in Check’s Privacy Policy. Regardless of where we process your information, we will store and protect it in accordance with applicable laws.

P. OUR RIGHTS

‍If Check, in its sole discretion, believes that you may have breached any provision of this Agreement or any applicable Terms, we may act to protect ourselves, other users of the Platform, our Provider(s) and Partner(s). The action Check may take includes but is not limited to:
1. closing, suspending, or limiting your access to your Platform User Account;
2. warning law enforcement agencies, or impacted third parties of your actions;
3. updating inaccurate information you have provided to Check;
4. taking legal action against you;
5. terminating this Agreement;
6. terminating or revoking access to by Check through or in connection with your use of the Platform; and/or
7. fully or partially reversing a transaction carried out using the Platform; 

Where possible, Check will provide you with the relevant information regarding the actions imposed, but we may be unable to do so in accordance with the appropriate law including avoiding disclosing protected third party information or interfering in the course of an investigation.

‍Q. DURATION OF TERMS

‍This Agreement shall remain in force until your Platform User Account is terminated. Check may, at any time and without giving any reason or notice, terminate your access to or use of the Platform (whereupon your Authorised Users will cease to have access to the Platform) and/or any of Check Services.

If we terminate your access to the Platform and/or any of Check Services you will not have the right to bring claims against us, any other member of Check with respect to such termination. Check shall not be liable to you for any losses, costs, claims, expenses, fees or damages suffered or incurred in connection with any such termination.

Upon termination of this Agreement, you shall settle all outstanding Fees, charges and interest in full.

‍R. MISCELLANEOUS

‍The illegality, invalidity or unenforceability of any provision of this Agreement under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction. If any one or more of the provisions contained in this Agreement shall be deemed invalid, unlawful or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired.

‍S. GOVERNING LAW AND JURISDICTION

‍This Agreement is governed by and construed in accordance with Singapore law. You agree that the courts of Singapore will have non-exclusive jurisdiction over any claim or dispute arising under or in connection with this Agreement.

Except as expressly provided in this Agreement, nothing in this Agreement gives rise to any third party rights under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore, to enforce any term of this Agreement. This provision shall not apply to members of Check.