Effective on April 15, 2020
The SplitChek Terms and these terms (the “Commercial Terms”) apply to access or use of the SplitChek Products (or Products), including SplitChek Business Tools, for any business or commercial purpose (except where we state that separate terms (and not these) apply to such access or use of a SplitChek Product). This includes, but is not limited to, buying ads, selling products, creating stores, or using our subscription plans.
These Commercial Terms require the resolution of most disputes between you and us by binding arbitration on an individual basis; class actions and jury trials are not permitted.
Your products must not constitute, facilitate, or promote illegal products, services or activities. Products targeted to minors must not promote products, services, or content that are inappropriate, illegal, or unsafe, or that exploit, mislead, or exert undue pressure on the age groups targeted. Your products must not contain shocking, sensational, disrespectful or excessively violent content. You products must comply with all applicable laws, including laws covering what content is allowed in products and how products are targeted.
SplitChek does not tolerate discrimination based on age, gender, disability, religion, ethnicity, race, colour, national origin or sexual preference. Your products must comply with this as well as all laws, including laws that prohibit discrimination in connection with education, housing, credit and employment.
Your products must not be fraudulent or deceptive. Your product or service must accurately match the content of your product including images. Any claims in your product must have factual support. Do not make deceptive or inaccurate claims about competitive products or services. Do not imply you or your product are affiliated with or endorsed by others without their permission. Do not advertise prices or offers that are inaccurate - any advertised discount, offer or price must be easily discoverable from the link in your product.
Your products must not use trademarks belonging to third parties unless express permission has been granted by the trademark owner. You should not use trademarks, logos, service marks or company names in a way that would be confusing to shoppers, or imply an affiliation or endorsement when there is none.
Your products must not discriminate or encourage discrimination against shoppers based on personal attributes such as race, ethnicity, colour, national origin, religion, age, sex, sexual orientation, gender identity, family status, disability, medical or genetic condition.
As described in “The permissions you give us” section in our Shopper Agreement, you grant us a license to content that is covered by intellectual property rights (like photos or videos, products photos and short descriptions) you share, post, or upload on or in connection with our Products. For any access or use of the SplitChek Products for business or commercial purposes, that license applies to content you or someone on your behalf (such as your agency that places an ad for you or your service provider that manages your stores for you) makes available on or in connection with any SplitChek Product.
We respect your intellectual property and rights. In addition to section 1, Products you add on SplitChek give us the following rights:
You also will ensure that you own or have secured all rights necessary to grant the licenses and rights you (or someone on your behalf) grant to us under the Commercial Terms and any applicable supplemental terms, including permission to display, distribute and deliver your content within SplitChek Products.
You represent and warrant that your access or use of SplitChek Products for business or commercial purposes complies with all applicable laws, rules, and regulations. You further represent that you will restrict access to your store and products in accordance with all applicable laws, rules, and regulations, including geo-filtering or age-gating access where required.
In addition to and without limiting the scope of the “Limits on liability” section in our Terms, you agree that we are not responsible for the actions, services, content, or data of third parties and you release us, our directors, officers, employees, and agents from any claims and damages, known or unknown, arising out of or in any way connected with any claim you have against any such third parties.
12.1 Indemnification. If anyone brings a claim, cause of action, or dispute against us related to your services, actions, content or information on SplitChek or other SplitChek Products or your use of any SplitChek Products, you agree to indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to any such claim, cause of action, or dispute.
12.2 Dispute resolution. You agree that any claim, cause of action, or dispute you have against us that arises out of or relates to any access or use of the SplitChek Products for business or commercial purposes must be resolved exclusively in Australia District Court in Queensland state court located in Brisbane or Southport court in the Gold Coast, that you submit to the personal jurisdiction of either of these courts for litigating any such claim, and that the laws of the State of Queensland will govern these Commercial Terms and any such claim, without regard to conflict of law provisions.
We may need to update these Commercial Terms from time to time, including to accurately reflect the access or uses of our Products for business or commercial purposes, and so we encourage you to check them regularly for any updates. By continuing any access or use of any SplitChek Products for business or commercial purposes after any notice of an update to these Commercial Terms, you agree to be bound by them. Any updates to the Disputes section of these Commercial Terms will apply only to disputes that arise after notice of the update takes place. If you do not agree to the updated terms, please stop all access or use of our Products for business or commercial purposes. Conflicts and supplemental terms: If there is a conflict between the Commercial Terms and the SplitChek Terms, the Commercial Terms shall govern with respect to your access and use of the SplitChek Products for business or commercial purposes to the extent of the conflict.