It is our pleasure that you choose Chikii. The service in Chikii (hereinafter the “Service”). Before you enter and use Chikii, we have to remind you of the following terms and conditions. Please carefully read and understand this Chikii User Agreement (hereinafter the “Agreement”) and agree it in its whole before you enter and use Chikii. The Agreement is a valid contract between you and us. Your consent to this Agreement is necessary for our providence of the Service, and we are unable to provide the Service if you do not consent on this Agreement.
In addition to this Agreement, you are required to read and agree to the Chikii Privacy Policy and other rules that we post within Chikii. There may be separate agreements, etc., for your use of certain specific Service in Chikii. Once you have agreed to any of the foregoing separate agreements, you shall comply with them in their whole.
By clicking the checkbox for confirmation (or other similar process that may prove that you have accept an agreement), you are deemed to carefully read, fully understand and completely accept any or all the agreements aforesaid.
1. Fundamental Statement
1.1. Once you have completed the sign-up process, or continue to use or access any of the Service as a registered user, you are deemed to confirm and promise in law to us that:
1.1.1. you have carefully read, fully understand and completely accept any or all the agreements that shall applies to you and us.
1.1.2. you are above the statutory age of majority in your place of nationality and the place of residence, whichever is higher will be the standard, or you shall be granted to use the Service by your lawful guardian as the applicable laws and regulations demand if you are under such an age.
1.1.3. you are definitely, at any time, from the past to the future, to use the Service in a legal manner, without any purpose or consequence to engage in any unlawful action when using the Service.
1.1.4. you are not prohibited by applicable laws and regulations in your place of nationality and the place of residence to use the Service, or by any applicable contract that confined you, or by us.
1.2. If you have violated the aforesaid statement, you shall solely bear all responsibility and consequences and hold us harmless form your violation.
1.3. We may, from time to time, to revise and update this Agreement and any or all other the agreements aforesaid, based upon the commercial conditions and business strategy. We will publish if we have done so and ask you to accept them again. If you do not accept any new terms and conditions, please stop using the Service immediately and contact us to terminate your account, in order to terminate all agreements between you and us regarding the Service. Your continuous use of the Service after our revision and update this Agreement and any or all other the agreements aforesaid shall be deemed as your acceptance to such revision and update in their whole.
2. Account Sign-up and Use
2.1. When you use the Service, you may need to sign up an account according to our guidelines. When you sign up successfully, you are entitled to set or confirm email address, cell phone number, password to log in and other information.
2.2. You are responsible for keeping your account information (including but not limited to the account password) safe and sound. You shall be legally responsible for all activities and events that occur after logging in with your account and password.
2.3. We retain the ownership of the Account. You enjoy only the right to use your Account during the period that you maintain it with us. All actions under your account are deemed to be made by you, and you are not permitted to rent, lend or transfer (with or without monetary cost) your account to others.
2.4. If you discover that your account is being used illegally by someone else, you shall notify us immediately. We are not responsible for any illegal use of your account or password due to hacking or your negligence. You shall solely bear all responsibility and consequences arising from such incidents and hold us harmless form them.
2.5. For any safety, compliance, operational or other concerns, we are entitled to suspend or terminate your account in our sole discretion, temporarily or permanently, with or without notice, giving reasons or not, and without any liability to you, as long as we do so on a reasonable ground. For clarity, we are further entitled to reclaim any accounts that are inactive for a long period.
2.6. For any safety or compliance concern, we may ask you to accomplish an identity verification, if the applicable laws and regulations, or the authorities that may govern you demand so. If you are unable to accomplish such an identity verification under this condition, we may refuse to provide the Service to you.
3. Service Content
3.1. The content of our Service may involve the provision of third party individuals or entities, and the quality and content of the Service provided by any third party on the we provide is the sole responsibility of that third party. You shall be aware of and use the third party Service in accordance with the third party service agreement. The content, products, Service, advertisements and any other information of third parties are at your own discretion and risk, and we do not guarantee the timeliness, safety or accuracy of their content or Service, and we are not responsible for any disputes or damages arising therefrom.
3.2. Some of the Service we provide are paid Service, you need to pay us a certain fee to use the paid Service. For the paid Service, we will give you clear instructions and agreements before you use them, and you can only use the paid Service if you confirm that you are willing to pay the relevant fees and agreements according to the instructions. If you refuse to pay the relevant fees or do not agree to the relevant business rules, we have the right not to provide such paid Service to you.
3.3. You understand that we only provide relevant Service and you shall prepare suitable equipment (including but not limited to personal computers, cell phones, and other devices related to access to the Internet or mobile network) by yourself and bear the costs that may arise from the use of the Service (including but not limited to telephone charges, Internet access fees, equipment purchase fees, and equipment usage fees paid for access to the Internet).
4. Payment and Cost
4.1. We provide both free and paid Service. You shall be careful about all payment and cost that paid Service may take. You have to make adequate payment to paid Service and we are entitled to withdraw any paid Service that we have granted to you if we found you have not made adequate payment, or ask for your supplementary payment If such paid Service has been consumed through any available methods.
4.2. If you have paid to us in order to receive certain Service, please note that we will not provide any refund to the cost you have paid to us, unless applicable laws and regulations require us to do so.
4.3 Rules for the use of membership services
4.3.1 "membership services" refers to the membership rights and interests provided by Chikii for members; "Member" refers to a natural person under the completion of all procedures related to becoming a member of Chikii and abide by the relevant service use rules during the membership service period.
4.3.2 We provide membership rights and interests that subject to the description of the privilege page on the platform or our actual provision;
4.3.3Membership service is limited to the application account for self-use; Membership service is a network commodity and virtual commodity, using the method of charging first and then service. The membership fee is the price of online commodity corresponding to the membership service you purchase, rather than advance payment or deposit, savings card etc. Membership service is non-transferable and non-refundable once it is opened (except in cases where you are completely unable to use it due to major defects in the membership service, otherwise agreed in this agreement, in accordance with laws and regulations, or if we think it can be refunded after our judgment, etc.);
4.3.4 Membership service is a fee-based service, and you can complete the payment of membership fees through the payment method we actually accept. The charging methods and charging standards of membership services are independently determined by Chikii according to the company's operating costs, operating strategies and other comprehensive considerations (adjustment including but not limited to promotions, price increases, etc.), and will be shown to you on the relevant product service promotion and payment page; if the price of the relevant services is adjusted, the current valid price published on the relevant product service promotion and payment page shall prevail (unless otherwise agreed between Chikii and you). If you choose to purchase or renew the membership service after the change, you are deemed to know and agree to the changed charging method and charging standard;
3.6.5 The dedicated membership service agreements are supplemental agreements to this agreement. In the event of any conflict between agreements, the provisions of the dedicated membership service agreement shall prevail. The dedicated membership service agreement will be displayed again on the membership purchase page. Before purchasing membership services, please carefully review all the content in Membership Subscription and Automatic Renewal Agreement.
5. Change, Suspend or Termination to the Service
5.1. In view of the special nature of the Service, you agree that we have the right to change, suspend or terminate some or all of the Service (including both paid and free Service) at any time. If the Service to be changed, interrupted or terminated is a free Service, we have the right to do so without notice to you and without any liability to you or any third party; if the Service to be changed, interrupted or terminated is a paid Service, we shall use our best efforts to notify you in advance of the change, interruption or termination, and if your paid Service is affected as a result, we shall provide you with a substitute paid Service of equivalent value.
5.2. You understand that we need to periodically or irregularly overhaul or maintain the platform or related equipment on which we provide the Service, and that we shall not be liable for any interruption of the paid Service for a reasonable period of time due to such circumstances, but we shall give prior notice of such interruptions whenever possible.
5.3. Notwithstanding our best efforts to ensure the proper functioning of the Service, we have the right to interrupt or terminate the provision of the Service to you under this Agreement at any time without any liability to you or any third party if any of the following circumstances occur:
5.3.1. you provide personal data that is untrue.
5.3.2. you violate the rules of use set forth in this Agreement.
5.3.3. your failure to pay us the appropriate Service fees as required when using the paid Service.
5.3.4. force majeure factors such as natural disasters, strikes, riots, wars, governmental acts, judicial administrative orders, etc.
5.3.5. public Service factors such as power supply failure, communication failure or third party factors.
5.3.6. factors such as routine or emergency equipment and system maintenance, equipment and system failure, information and data security, where we have exercised good faith management.
5.3.7. Other justifying factors as the Internet Service industry may be unable to be foreseen or overcome under the present technology status.
5.4. We may, at our sole discretion, to terminate all the Service under Chikii. We may provide early notice to you, if the applicable laws and regulations require us to do so.
6. Code of Conduct
6.1. You agree to conduct yourself lawfully and appropriately at all times, to refrain from harming us and others, and to abide by the restrictions and rules set forth in this Agreement, You shall use the Service in a manner consistent with the etiquette and practices of the network Service.
6.2. You shall not:
6.2.1. post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise illegal or objectionable as provided by applicable laws and regulations, or public policy, or any agreements in the Chikii.
6.2.2. defame, libel, ridicule, mock, stalk, threaten, harass, intimidate, humiliate or abuse any person.
6.2.3. attempt to obtain passwords, or any other privacy or personal information of other users of the Service.
6.2.4. develop, distribute, inform other users of, or use automating, cheating or injecting programs, software or scripts which may cast detriment to the Service or to the lawful rights or interests of us or other users;
6.2.5. upload or transmit (attempt or actual action thereof) files that contain viruses, Trojans, worms, time bombs, cancel bots, corrupted files or data, or any other malicious software or programs that may damage the operation of the Service or other users’ devices or data.
6.2.6. Infringe against any lawful rights of any person including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any person.
6.2.7. exploit, distribute or publicly inform other users of any error, defect or bug which gives an unintended advantage; or violate any applicable laws or regulations, or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks against the Service.
6.2.8. Any action that violates our policy regarding intellectual property.
6.2.9. improperly use our customer service, technical support or complaint channels to make false or malicious reports or requests to us; or use the Service to infringe upon the commercial or other interests of us, including but not limited to posting or overlaying advertisements without express permission of us.
6.3. If you violate the Codes of Conduct, we may take reasonable measure to restrain your use of the Service, in order to restore the good atmosphere of Chikii. The measures may apply to all the account you use as we identify. We may, at our sole discretion, to
6.3.1. remove of any content that violate this Agreement.
6.3.2. make a temporary or permanent negative mark on you to show the misconduct.
6.3.3. suspend or terminate parts of the Service to you.
6.3.4. suspend or terminate all the Service to you.
6.4. The aforesaid rules in Codes of Conduct are not be exhaustive. We may still base on the conditions and conventions of Internet service industry, to make proper measures to other types of misconduct in order to restore the good atmosphere of Chikii.
6.5. You understand and agree that, if you are complained about infringement by others or you complain about infringement by others, we are entitled to provide the necessary information of the relevant parties in the dispute to other disputing parties, or any authorities that may govern you according to our reasonable judgment, so as to resolve the complaint dispute in a timely manner and protect the legitimate rights and interests of others, unless the applicable laws and regulations prohibit such a disclosure.
7. Advertising
7.1. You agree that we have the right to place various commercial advertisements or other commercial messages of any kind in the course of providing the Web Services in various ways (including, without limitation, by placing advertisements on any page of our Site).
7.2. You agree to receive promotional or other relevant commercial information about products that may be of interest to you from us via the email or other contact information that you provided when you registered. If you do not wish to receive such information, you have the right to inform us of your desire to refuse to receive advertisements by email or other contact information through the appropriate stop advertising function we provide.
7.3. You agree that you shall exercise caution in determining the truthfulness and reliability of advertising information appearing on the Services and that you shall be responsible for any actions taken in reliance on such advertising information, except as expressly provided by applicable laws and regulations, for which we shall not be liable.
8. Intellectual Property
8.1. We retain all intellectual property rights (including but not limited to copyrights, trademarks, patents, designs, corporate names, trade secrets, etc.) associated with Chikii and the Service. We only grant you a worldwide, limited, non-exclusive, revocable, non-sub-licensable, non-re-licensable right to use our Chikii and the Services on a worldwide basis, without creating any transfer of intellectual property rights.
8.2. All content published by users on Chikii shall ensure that the intellectual property rights belong to the users themselves or that they have obtained sufficient authorization from the owner of the intellectual property rights. The User retains all rights, but grants us a worldwide, limited, non-exclusive, irrevocable, non-reimbursable, sub-licensable, re-licensable right to the intellectual property, to allow us to display and distribute the User's content published on Chikii in the Service or for legitimate purposes such as promoting the Service.
8.3. You may not, except as permitted by law or regulation or with our written permission, do any action of the following.
8.3.1. remove information about the copyright on the Software and its copies.
8.3.2. reverse engineer, reverse assemble, reverse compile, or otherwise attempt to discover the source code of the Software.
8.3.3. using, renting, lending, copying, modifying, linking, reproducing, compiling, publishing, publishing, establishing mirror sites, etc. of the content of which us owns intellectual property rights.
8.3.4. reproduce, modify, add, delete, hook up, run or create any derivative works of the Software or the data released into the memory of any terminal during the operation of the Software, the interaction data between the client and the server during the operation of the Software, and the system data necessary for the operation of the Software, including but not limited to using plug-ins, plug-ins or non-us-authorized third-party tools/services to access the Software and related systems. (5) Modifying or falsifying the Software.
8.3.5. adding, deleting or changing the functions or operating effects of the Software by modifying or falsifying instructions or data in the operation of the Software, or operating or disseminating the Software or methods used for the above purposes to the public, regardless of whether such acts are for commercial purposes or not.
8.3.6. login to or use the Software and/or the Services through third-party software, plug-ins, plug-ins, or systems not developed or authorized by us, or create, publish, or disseminate the aforementioned tools.
8.3.7. interfere with the Software and/or the Service and its components, modules, data, etc. by yourself, by authorizing others or by using third-party software.
8.3.8. other actions that may affect or interfere with the normal operation of the Software and/or the Service.
8.4. If you believe that your work has been infringed, you shall notify us of your infringement claim. We will investigate notices of alleged infringement and will take appropriate actions under applicable intellectual property laws with respect to any alleged or actual infringement. You may contact us and send notice via the email we provide in this Agreement. If you believe that the content you provide with constitute no infringement but has been removed, you may send a written counter-notice via the email we provide in this Agreement.
9. Disclaimers and Liability
9.1. All Service under Chikii is provided on an “as is” basis. We provide the Service only without any warranty or representation as to the nature of the content, including, but not limited to, no warranty of merchantability, fitness for a particular purpose, or non-infringement of the content.
9.2. We shall not be liable to anyone for any direct or indirect damages arising out of the use of this content, regardless of the cause or legal theory, even if they are aware of the possibility of such damages.
9.3. Upon the disclaimers aforesaid, if we have made any damage or loss to you, and we have to compensate or bear any responsibility under applicable laws and regulations, you shall be aware that our highest limit of liability shall not exceed any payment you have made to us during using the Service. If applicable laws and regulations demands a higher limit of liability hereto, such a limit at its the lowest amount that applicable laws and regulations require shall apply.
9.4. You agree to defend and protect us and other users, and you agree to be solely responsible and liable for all damages caused to us or any other third party as a result of your violation of applicable laws and regulations, or any provision of this Agreement, and to hold us harmless from any legal action by a third party. If we are required to pay compensation or encounter any punishment or penalties as a result of legal action by a third party, you shall indemnify us for all losses and damages arising therefrom.
10. Contact
10.1. All notices to you may be given by means of web announcements, e-mail, cell phone call, text messages or regular mail delivery. If such a notice is sent electronically, such notices will be deemed to have been delivered to the recipient on the date they are sent, unless otherwise specified by law or regulation.
10.2. You may contact us and send us notice or other information via email: chikiiservice@gmail.com.
11. Applicable Laws and Dispute Resolution
11.1. This Agreement is entered into by you and us in Singapore. The laws of Singapore shall apply to the formation, force, performance, interpretation and resolution of disputes under this Agreement.
11.2. Any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) under the applicable institutional arbitration rules in force when the notice of arbitration is submitted. The seat of arbitration shall be Singapore. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in the English or Chinese language.
12. Miscellaneous
12.1. This Agreement constitutes the entire agreement between you and us with respect to the matters agreed herein and other related matters, and does not confer any rights on the parties hereto other than those set forth herein.
12.2. If any provision of this Agreement is, for whatever reason, wholly or partially invalid or unenforceable, the remaining provisions of this Agreement shall remain valid and binding.
12.3. The headings in this Agreement are for convenience only and shall be disregarded in the interpretation of this Agreement.
If you have any comments or questions regarding this policy or any matters related to personal data, please contact us at:chikiifeedback@gmail.com,Contact Person: Edison Yang.
Latest Update Date: Aug 24, 2024