Shopper Agreement ("Terms")

Welcome to SplitChek

Effective on April 15, 2020

These Terms govern your use of SplitChek and the products, features, apps, services, technologies, and software we offer (SplitChek Products or Products), except where we expressly state that separate terms (and not these) apply.

1. Contract

You agree that by clicking “Create Account”, "Join SplitChek”, “Sign Up” or similar, registering, accessing or using our Products (described below), you are agreeing to enter into a legally binding contract with SplitChek (even if you are using our Products on behalf of a company). If you do not agree to this contract (“Contract” or “Shopper Agreement”), do not click “Create Account” (or similar) and do not access or otherwise use any of our Products. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Product.

SPLITCHEK

You are entering into this Contract with SplitChek (also referred to as “we” and “us”). You are entering into this Contract with SplitChek (“SplitChek Pty Ltd”) and SplitChek Pty Ltd will be the controller of your personal data provided to, or collected by or for, or processed in connection with our Products.

2. Shoppers and Visitors

When you register and join SplitChek Products you become a Shopper. If you have chosen not to register for our Products, you may access certain features as a “Guest.” You will be limited to view only and you agree that you are over 13.

3. Communications

You agree that we will provide notices and messages to you in the following ways: (1) within the SplitCHek Products, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.

4. Our service

Our mission is to connect, empower and give voice to shoppers. Our services are designed to promote shopping and selling opportunity for our shoppers by enabling you and millions of other shoppers to meet, exchange ideas, learn, and be transparent to your young generation on how you spend money in a network of trusted shoppers and sellers.

To help advance this mission, we provide the Products and services described below to you:

4.1 Provide a personalized experience for you

Your experience on SplitChek should be fun: from posts, stories, products, offers, events, ads, and other content you see in goss or our video platform to the stores you follow and other features you might use, such as Trending, similar products to your favourites, marketplace, and search. We use the data we have - for example, about the connections you make, the choices and settings you select, and what you share and do on and off our Platform - to personalize your experience.

4.2 Connect you with shoppers and organizations you care about

We help you find and connect with shoppers, groups, businesses, organizations, and others that matter to you across the SplitChek Platform. We use the data we have to make suggestions for you and others - for example, groups to join, events to attend, stores and pages to follow, goss or send a message to, businesses that want to follow you, and shoppers you may want to become friends with. Stronger ties make for better communities, and we believe our services are most useful when shoppers are connected to families, friends, groups, and organizations they care about.

4.3 Empower you to express yourself and communicate about what matters to you

There are many ways to express yourself on SplitChek and to communicate with friends, family, and others about what matters to you - for example, sharing updates, photos, videos, and stories about your latest experience about products, services and foods you have purchased or the travel experiences and and experiences with travel, sending messages to a friend or several shoppers, or adding favourites to your wishlist and splitting the bill at checkout

4.4 Help you discover content, products, and services that may interest you

We show you ads, offers, and other sponsored content to help you discover content, products, and services that are offered by the many businesses and organizations that use the SplitChek Platform and other SplitChek Products. Our partners pay us to show their content to you, and we design our services so that the sponsored content you see is as relevant and useful to you as everything else you see on our Platform.

4.5 Combat harmful conduct and protect and support our community

shoppers will only build community on SplitChek if they feel safe. We employ dedicated teams around the world and develop advanced technical systems to detect misuse of our Products, harmful conduct towards others, and situations where we may be able to help support or protect our community. If we learn of content or conduct like this, we will take appropriate action - for example, offering help, removing content, blocking access to certain features, disabling an account, or contacting law enforcement. We share data with other SplitChek Companies when we detect misuse or harmful conduct by someone using our Platform.

4.6 Use and develop advanced technologies to provide safe and functional services for everyone

We use and develop advanced technologies - such as artificial intelligence and machine learning systems - so that shoppers can use our Products safely regardless of physical ability or geographic location. And we develop automated systems to improve our ability to detect and remove abusive and dangerous activity that may harm our community and the integrity of our Products.

4.7 Provide consistent and seamless experiences across the SplitChek Company Products

Our Products help you find and connect with shoppers, groups, businesses, organizations, and others that are important to you. We design our systems so that your experience is consistent and seamless across the different SplitChek Company Products that you use. For example, we use data about the shoppers you engage with on SplitChek to make it easier for you to connect with them and we enable you to communicate with a business you follow on SplitChek through messaging.

4.8 Enable global access to our services:

To operate our global service, we need to store and distribute content and data in our data centers and systems around the world, including outside your country of residence. This infrastructure may be operated or controlled by SplitChek or its affiliates.

5. Our Data Policy and Your Privacy Choices

When you use our Products you agree to all of these terms. Your use of our Products is also subject to our Cookie Policy and our Privacy Policy, which covers how we collect, use, share, and store your personal information. We also encourage you to review the privacy choices you have in your settings.

6. Your Commitments to SplitChek and Our Community

We provide these services to you and others to help advance our mission. In exchange, we need you to make the following commitments:

6.1. Use of SplitChek

When shoppers stand behind their opinions and actions, our community is safer and more accountable. For that reason, you must:

  • Use the same name that you use in everyday life.
  • Provide accurate information about yourself.
  • Create only one account (your own) and use your goss for personal purposes.
  • Not share your password, give access to your SplitChek account to others, or transfer your account to anyone else (without our permission).
We try to make SplitChek broadly available to everyone, but you cannot use SplitChek if:
  • You are under 7 years old (or the minimum legal age in your country to use our Products).
  • You are a convicted sex offender.
  • We previously disabled your account for violations of our terms or policies.
  • You are prohibited from receiving our products, services, or software under applicable laws.
6.2. Sharing

Our Services allow messaging and sharing of information in many ways, such as your profile, products, orders, payments, articles, group posts, chat, stores, goss, messages and InAppmails. Information and content that you share or post may be seen by other Shoppers, Visitors or others (including off of the SplitChek Products). Where we have made settings available, we will honour the choices you make about who can see content or information (e.g., message content to your addressees, sharing content only to your SplitChek connections (family, friends and followers), restricting your profile visibility from search engines, or opting not to notify others of your SplitChek profile update). For products searching activities, we default to not notifying your connections network or the public. So, if you make a purchase through the SplitChek Products or opt to signal that you are interested in a certain service (brands, services, products and others), our default is to share it only with the merchants.

We are not obligated to publish any information or content on our Products and can remove it with or without notice.

6.3 What can you share

We want shoppers to use SplitChek to share shopping experience, food, travel, shopping humour, discounts and to share content that is important to them, but not at the expense of the safety and well-being of others or the integrity of our community. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):

You may not use our Products to do or share anything:

  • That violates these Terms, our Community Standards, and other terms and policies that apply to your use of SplitChek.
  • That is unlawful, misleading, discriminatory or fraudulent.
  • That infringes or violates someone else's rights.
  • You may not upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of our Products.
  • You may not access or collect data from our Products using automated means (without our prior permission) or attempt to access data you do not have permission to access.
  • We can remove content you share in violation of these provisions and, if applicable, we may take action against your account, for the reasons described below. We may also disable your account if you repeatedly infringe other shoppers' intellectual property rights.
  • To help support our community, we encourage you to report content or conduct that you believe violates your rights (including intellectual property rights) or our terms and policies.
6.4. The permissions you give us

We need certain permissions from you to provide our services: Permission to use content you create and share: You own the content you create and share on SplitChek and the other SplitChek Products you use, and nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want. To provide our services, though, we need you to give us some legal permissions to use that content. Specifically, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This means, for example, that if you share a photo on SplitChek, you give us permission to store, copy, and share it with others (again, consistent with your settings) such as service providers that support our service or other SplitChek Products you use.

You can end this license any time by deleting your content or account. You should know that, for technical reasons, content you delete may persist for a limited period in backup copies (though it will not be visible to other users). In addition, the content you delete may continue to appear if you have shared it with others and they have not deleted it.

Permission to use your name, profile picture, and information about your actions with ads and sponsored content: You give us permission to use your name and profile picture and information about actions you have taken on SplitChek next to or in connection with ads, offers, and other sponsored content that we display across our Products, without any compensation to you. For example, we may show your friends that you are interested in an advertised event or have liked a store or product from a partner that has paid us to display its ads on SplitChek. Ads like this can be seen only by shoppers who have your permission to see the actions you've taken on SplitChek. You can learn more about your ad settings and preferences.

Permission to update software you use or download: If you download or use our software, you give us permission to download and install upgrades, updates, and additional features to improve, enhance, and further develop it.

6.4. Limits on using our intellectual property

If you use content covered by intellectual property rights that we have and make available in our Products (for example, images, designs, videos, or sounds we provide that you add to content you create or share on SplitChek), we retain all rights to that content (but not yours). You can only use our copyrights or trademarks (or any similar marks) with our prior written permission. You must obtain our written permission (or permission under an open source license) to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.

6.5. Children

We do not sell products for purchase by children. We allow children to add items to their wishlist but parent must checkout children's account. If you are under 16 you may only use Our Products with the involvement of a parent or guardian.

7. Additional provisions

7.1. Updating our Terms

We work constantly to improve our services and develop new features to make our Products better for you and our community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices. Unless otherwise required by law, we will notify you before we make changes to these Terms and give you an opportunity to review them before they go into effect. Once any updated Terms are in effect, you will be bound by them if you continue to use our Products.

We hope that you will continue using our Products, but if you do not agree to our updated Terms and no longer want to be a part of the SplitChek community, you can delete your account at any time.

7.2. Account suspension or termination

We want SplitChek to be a place where shoppers feel welcome and safe to do their shopping online. If we determine that you have violated our terms or policies, we may take action against your account to protect our community and services, including by suspending access to your account or disabling it. We may also suspend or disable your account if you create risk or legal exposure for us or when we are permitted or required to do so by law. Where appropriate, we will notify you about your account the next time you try to access it.

If you delete or we disable your account, these Terms shall terminate as an agreement between you and us, but the following provisions will remain in place: 8, 9, 10.2

8. Limits on liability

We work hard to provide the best Products we can and to specify clear guidelines for everyone who uses them. Our Products, however, are provided "as is," and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what shoppers, merchants and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content). We cannot predict when issues might arise with our Products. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or SplitChek Products, even if we have been advised of the possibility of such damages.

9. Disputes

We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it's useful to know up front where it can be resolved and what laws will apply.

If you are a consumer, the laws of the country in which you reside will apply to any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms or SplitChek Products ("claim"), and you may resolve your claim in any competent court in that country that has jurisdiction over the claim. In all other cases, you agree that the claim must be resolved exclusively in the Australia District Court in Queensland, that you submit to the personal jurisdiction of this court for the purpose of litigating any such claim, and that the laws of the State of Queensland will govern these Terms and any claim, without regard to conflict of law provisions.

10.1. Dos

Our mission is to connect, empower and give voice to shoppers.This list of “Dos and Don’ts” along with our Code of conduct limit what you can and cannot do on the SplitChek Products. You agree that you will:

  • Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
  • Provide accurate information to us and keep it updated;
  • Use your real name on your profile; and
  • Use our Products in a professional manner that to shop, share, help and educate others.

10.2. Don’ts

You agree that you will not:

  • Create a false identity on SplitChek, misrepresent your identity, create a Shopper profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
  • Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the SplitChek
  • Products or otherwise copy profiles and other data from the Services;
  • Override any security feature or bypass or circumvent any access controls or use limits of our
  • Products (such as caps on keyword searches or profile views);
  • Copy, use, disclose or distribute any information obtained from our Products, whether directly or through third parties (such as search engines), without the consent of SplitChek;
  • Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));
  • Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;
  • Violate the intellectual property or other rights of SplitChek, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “SplitChek” or our logos in any business name, email, or URL except as provided in the Brand Guidelines;
  • Post anything that contains software viruses, worms, or any other harmful code;
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the SplitChek Products or any related technology that is not open source;
  • Imply or state that you are affiliated with or endorsed by SplitChek without our express consent (e.g . representing yourself as an accredited SplitChek agent);
  • Deep-link to our Services for any purpose other than to promote your profile, stores, products, goss or a group on our Products, without SplitChek’s consent;
  • Use bots or other automated methods to access the SplitChek Products, add or download contacts, send or redirect messages;
  • Monitor the SplitChek Products' availability, performance or functionality for any competitive purpose;
  • Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of our Products;
  • Overlay or otherwise modify the SplitChek Products or their appearance (such as by inserting elements into the SplitChek Products or removing, covering, or obscuring an advertisement included on the SplitChek);
  • Interfere with the operation of, or place an unreasonable load on, the our Products (e.g., spam, denial of service attack, viruses, gaming algorithms);
  • and/or
  • Violate the our Code Of Conduct or any additional terms concerning a specific Service that are provided when you sign up for or start using such Service

11. intellectual property

We respect the intellectual property rights of others. We require that information posted by Shoppers be accurate and not in violation of the intellectual property rights or other rights of third parties.

12. User Requests

We comply with:

  • User requests for removal of their own account
  • Requests for removal of a deceased user’s account from a verified immediate family member or executor
  • Requests for removal of an incapacitated user’s account from an authorized representative

13. Additional Protection of Minors

We comply with:

  • Requests for removal of an underage account
  • Government requests for removal of child abuse imagery depicting, for example, beating by an adult or strangling or suffocating by an adult
  • Legal guardian requests for removal of attacks on unintentionally famous minors

14. How To Contact Us

For general inquiries, you may contact us online. For legal notices or service of process, you may write us at these addresses.