CheckMarket Terms of Use and Notices

last updated: October 2013

Please read these terms of use carefully before using this site. By using this site, users declare their acceptance of and undertake to comply with these Terms of Use. If one does not accept these terms, they are requested to refrain from using the site.

Provisions on the use of CheckMarket’s intellectual property

This site is owned and managed by CheckMarket on-line (hereinafter referred to as “CheckMarket”, “we”, “our”).
Material on CheckMarket.com or on any other web site that is owned, managed, licensed to or controlled by CheckMarket may only be used for the purposes for which it is made available or explicitly intended by CheckMarket.
This material may not be copied, reproduced, republished, uploaded, mailed, sent or distributed in any other way without our explicit permission.
It is also prohibited to use the abovementioned material on any other web site or in any other network environment without our explicit permission.
The adaptation of this material, or its use for purposes other than those for which it is made available or intended, breaches CheckMarket’s copyright and other proprietary rights. CheckMarket reserves all rights in this respect, and will take legal action if necessary. Users may not use CheckMarket’s name, logos or other material without CheckMarket’s express written consent.
No software may be downloaded from this site. To the extent necessary, CheckMarket declares that it holds exclusive and full proprietary rights to its software, and that it does not transfer these rights.

Users of our products and services are fully responsible for the use of all the material that they enter in our system. CheckMarket can in no way be held liable if one or more of its clients and/or users in any way breaches or disrespects copyrights or abuses another party’s rights or protected products (i.e.: without obtaining reproduction rights!), or in general infringes upon legal or contractual provisions or generally accepted standards of due care.
CheckMarket reserves the right, at all times and without stating reasons, to refuse to supply products and services to users or to remove user’s information from the system (including, but not limited to, cases involving pornographic material, breach of privacy, breach of the deontological code of Esomar or illegal activities).
The details of a user’s registration are password protected, so that only the user and CheckMarket have access to the user’s personal information and can view, remove, correct or cancel the details of the user’s registration.

Our free trial survey is for testing and evaluation purposes only. Each user has the right to only one free trial survey, unless otherwise permitted by CheckMarket.

Provisions concerning feedback to CheckMarket

CheckMarket welcomes feedback from its loyal clients, and enjoys receiving users’ comments on CheckMarket products and services. All ideas and suggestions are welcome, and CheckMarket will take them into consideration.
However, we cannot offer any guarantee that such ideas or suggestions will be implemented. We must request that users are specific in submitting their comments about these products and services, and that they not send us any original source code. We hope our users will understand that the purpose of this request is to prevent future disputes should other people believe that projects developed by CheckMarket’s professional staff resemble their own creative work.
If users send ideas, annotations, concepts or other information (together referred to as “Information”) despite our request that they not send any source code, the Information will be regarded as CheckMarket’s property. CheckMarket will be the sole owner of all existing and future rights with respect to Information of any sort and nature whatsoever, and will be entitled to unlimited use of the Information for all possible purposes, commercial or otherwise, without owing compensation to the submitter of the Information.
CheckMarket will not be obliged to keep any of the Information confidential nor will CheckMarket be held liable for the use or disclosure of any of this Information.
Furthermore, CheckMarket can in no way be held liable if the submitters of the Information in any way breach copyrights, ignore copyrights, abuse another party’s rights or protected products (i.e. without obtaining the reproduction rights!), or infringe upon legal or contractual provisions or generally accepted standards of due care.

Termination of the agreement

This agreement remains in force until it is terminated by one of the parties.
Users may end this agreement at any time by logging on to the CheckMarket Site, using their account name and password, and then going to ‘My Account’ and clicking on ‘Close my Account’. The material the user has entered in our system will be removed immediately.
CheckMarket may also at any time and without prior notice, terminate this agreement if, in the exclusive judgment of CheckMarket, the user does not fulfill a condition or comply with a stipulation of this agreement.
This agreement continues to apply to the use of our products and services dating from before the date of termination. Users are obliged to fulfill their obligations toward CheckMarket with regard to them.
All payments made are non-refundable and all outstanding costs remain payable.

Warranty disclaimer

CheckMarket offers no warranty of any kind on the products and services offered on this site, be it explicit, implicit, or regarding their suitability for a particular purpose. CheckMarket does not guarantee that its materials will work continuously or without error, or that this site or the server hosting this site will be free of viruses or other harmful elements. CheckMarket will, however, do its best to correct any errors in the program. CheckMarket has the obligation to perform to the best of its ability to guarantee the workability of its product and corresponding services.
Furthermore, CheckMarket gives no guarantee of precision, accuracy, reliability or otherwise with respect to (the results of) the use of the services on this site. The user bears all costs for any maintenance, repairs or improvements that may be required.

CheckMarket incurs no costs in these matters.

Restriction of liability

Under no circumstances whatsoever can CheckMarket be held liable for any damage suffered by any party (be they parties to this agreement or third parties), regardless of the nature or cause of such damage (possible error or negligence).
Nor can CheckMarket be held liable for special damage or consequential damage resulting from the use of the services on this site, nor for the inability to use the services on this site, even if CheckMarket or an authorized representative of CheckMarket is made aware that such damage may have taken place.
Under no circumstances will CheckMarket’s total liability toward a user involving all cases of damage, loss and legal actions (either as a result of contract law, unlawful act, including but not restricted to negligence) or otherwise, exceed the amount that the user may have paid for the use of our program in the period the damages occured.
Please be aware that while visiting our site users can follow links to other sites that are beyond our sphere of influence. CheckMarket is not responsible for the content or operation of these other sites.

Juridiction

CheckMarket maintains and manages this site from its offices in Turnhout, Belgium. Software originating from this site is subject exclusively to Belgian law.
CheckMarket can in no way guarantee that the materials on its site are available or appropriate for use at other countries. Those choosing to use this site from another country do so at their own risk, and accept responsibility for compliance with local legislation, if, and to the extent, that such is applicable.
This agreement is drawn up in accordance with, and is subject to, Belgian law.
Should a provision of this agreement be regarded as illegal, null and void, or should it for any reason be considered unenforceable, the said provision will be considered separable from this agreement and will not affect the validity and enforceability of the remaining provisions.
Should a dispute occur between the contracting parties or with a third party, irrespective of the nature or basis of such a dispute, the parties agree that the dispute will be settled according to Belgian law in a Belgian law court, specifically the court of Turnhout.

Pricing

Eventual price increases will be published on our site and communicated to our customers before they take affect. The customer is then free to decide (as always) if they wish to continue using CheckMarket’s services.

Payment Terms and Conditions

All our invoices are payable within 14 days after invoice date. Any deviation of this due date will be explicitely mentioned on the invoice. When an invoice is not paid on time, an interest of 3% per month or per month begun is payable without proof of default. In case of late payment a compensation equal to 10% of the invoice total is payable as well, without proof of default.
Clients can only pay the invoice in the currency of the invoice and in the following way:

  • by bank transfer using the bank routing info which they find at the bottom right of their invoice.
  • by online payment via credit card.

We do NOT accept cheques.

Complaints must be sent to us by registered mail within eight days after invoice date.
 

Subscriptions

Clients that have chosen for a subscription model will automatically have their subscriptions set to auto-renew. Clients can turn off the auto-renewal by signing in to their accounts or sending an e-mail to billing@checkmarket.com.

Clients who choose not to renew their subscription will at the end of the subscription period be switched to per month if they are billed by invoice or to per project if they use credits.
 

Other

Each CheckMarket user respects the ICC/Esomar international code.
 

This text contains the complete agreement between the parties on the subject specified herein. CheckMarket can alter it at any time on the condition that any and all changes are published on our site at least seven days before taking effect.

For Further Information

For further questions regarding these Terms of Use, please contact us by e-mail at: info@checkmarket.com, by telephone at +32 14 700 703, or in writing at:

CheckMarket Inc.
Otterstraat 199
2300 Turnhout
Belgium