Merchant user agreement

Terms and conditions for Chec Platform and Commerce.js.

Last revised: 25th October 2021

Please read these Terms & Conditions, Privacy Policy and Cookie Policy carefully. They will govern the relationship between, you, the Merchant and the Service, Chec. Your acceptance of these documents will need to be agreed upon before You can continue to use the Service.

1. Acknowledgement

By signing up and using the Service, You agree to abide by and follow the Terms & Conditions, Privacy Policy and Cookie Policy of the Platform and accept any decision made in accordance with these documents as they are displayed here.

2. Terms

These Terms refer to the owners and operators of the Service i.e. ‘We’, ‘Us’ or ‘Our’

The Service - All Services and processes provided and performed by Chec. The Platform - Refers to https://chec.io, https://commercejs.com, https://commercerays.com, and all subdomains and associated URL’s (dashboard.chec.io, dashboard.chec.io, checkout.chec.io, api.chec.io, commercejs.com, api.chec.io). Chec - Is the product name for the service. Commerce.js - Is our developer API for the Chec service. Chec Platform - Refers to the company (Chec Platform, Inc.) that owns and operates Chec. These Terms refer to the Users of the service, i.e. ‘You’ , ‘Your’ or ‘User’

Buyers - Refers to users who use Chec to make a purchase. Sellers / Merchants - Refers to users who use Chec to make a sale.

3. Provision of Service & Liability

We provide the Service ‘as is’ and provide no guarantees or insurance for any loss, damages or inconvenience caused through the use of the Service.

You use the Service at Your sole risk.

We reserve the right to, at any time, modify, suspend or discontinue the Service or any aspect or part thereof with or without prior notice.

You shall be responsible for all content uploaded to Your account (data, text, images) as well as all activity that occurs through Your account.

We reserve the right to refuse the Service to anyone at any time for any reason.

We cannot guarantee the Service will be error free and accept no liability in this occurrence.

We do not warrant that any error in the Service will be fixed within any timeframe.

You expressly understand and agree that We will accept no liability for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from Your use or inability to use the Service.

Your use of the Service and any dispute arising out of such use of the Service is subject to the laws of the United States of America and any local laws, which may apply in Your jurisdiction.

4. Your use of the Platform

This agreement applies to anyone who uses the Service and use of the Service is open to all.

We accept no liability for any User who uses the Service maliciously without Our consent or knowledge and We will seek out and take action against any User found to be doing so on up to 3 occasions, 3 strikes and you’re out.

Actions that will constitute a strike include:

  • Using misleading or incomplete information
  • Not completing transactions
  • Infringement of Intellectual property
  • Being found to be selling from the list of prohibitions
  • Being found to be breaking the law
  • Behaving in an abusive manner
  • Any other infringement decision made at Our sole discretion
  • Any decision on whether a User’s use of the Service is malicious or unlawful will be entirely at Our sole discretion and We reserve the right to immediately deactivate the account of any User found to be doing so without notice.

We assume no responsibility for any loss or damage incurred through Your use of the Service.

We assume no responsibility for any third party links or actions made away from the Platform.

You may not use the Service for any illegal or unauthorised purpose that will violate the laws of the United States of America or the country, state or jurisdictions where the Service is used.

You may not use the Service in a manner that would violate the laws in Your jurisdiction, including but not limited to intellectual property laws.

You may not use the Service while posing as a person other than yourself or otherwise misleading anyone through Your use of the Service. You must not transmit or otherwise use any malicious code or software during Your use of the Service. We reserve the right to remove any User found to be using any form of destructive of malicious code or violating any laws or regulations in either the United States of America or within Your own country, state, or jurisdiction.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service or access to the Service without Our express written permission.

Verbal or written abuse of any kind, including but not limited to threats of abuse or retribution, of any User, Employee or Officer acting on Our behalf shall not be tolerated and could result in the immediate account deactivation

5. List of prohibitions

This list shows which goods and services may not be offered by Sellers. This list is not exhaustive and decisions to add or remove items from this list will be made at Our sole discretion.

You agree to not sell, display, distribute, or be one/part of the following businesses, business activities or business practices:

  1. embassies, foreign consulates or other foreign governments,
  2. door-to-door sales,
  3. offering substantial rebates or special incentives to the Cardholder subsequent to the original purchase,
  4. negative response marketing,
  5. engaging in deceptive marketing practices,
  6. sharing Cardholder’s data with another merchant for payment of up-sell or cross-sell product or service,
  7. evading Card Network’s chargeback monitoring programs,
  8. engaging in any form of licensed or unlicensed aggregation or factoring,
  9. airlines,
  10. bail bonds,
  11. bankruptcy lawyers,
  12. bidding fee auctions,
  13. collection agencies,
  14. chain letters,
  15. check cashing, wire transfers or money orders,
  16. counterfeit goods (e.g. knock-offs, imitations, bootlegs)
  17. currency exchanges or dealers,
  18. firms selling business opportunities, investment opportunities, mortgage consulting or reduction, credit counseling, repair or protection or real estate purchases with no money down, (
  19. credit card and identity theft protection,
  20. cruise lines,
  21. essay mills,
  22. flea markets (firms/individuals operating from a booth, on a part time basis with no lease or telephone availability; whether indoor or outdoors),
  23. drug paraphernalia,
  24. extended warranties,
  25. fortune tellers,
  26. “get rich quick” schemes;
  27. gambling (including but not limited to lotteries, Internet gaming, contests, sweepstakes, or offering of prizes as an inducement to purchase goods or services),
  28. sports forecasting or odds making,
  29. illegal products or services,
  30. mail-order brides,
  31. money transmitters or money service businesses,
  32. multi-level marketing or pyramid schemes,
  33. online, mail, or telephone order pharmacies or pharmacy referral services,
  34. prepaid phone cards, phone services or cell phones,
  35. pseudo pharmaceuticals,
  36. quasi-cash or stored value,
  37. securities brokers,
  38. sexually-oriented or pornographic products or services,
  39. shipping or forwarding brokers,
  40. substances designed to mimic illegal drugs,
  41. telemarketing,
  42. timeshares,
  43. online, mail, or telephone order tobacco or e-cigarette sales,
  44. weapons and ammunitions,
  45. virtual currency or credits that can be monetized, re-sold or converted to physical or digital goods or services or otherwise exit the virtual world,
  46. Products/services intended to inflict or promote revenge, harassment, and other forms of abuse, humiliation and intimidation.

6. Registration

You must be at least 18 years of age on the date of registration.

You must provide all compulsory information requested during the registration process and this information must be real and legally identifiable as Your personal information.

The compulsory information required is:

  • Any full legal details requested by the platform
  • A valid e-mail address
  • A valid credit-card (to access live payment gateways)
  • And any other information requested marked as ‘required’
  • A valid e-mail address is one that has not been used on the Service previously and You have current access to as You will need to access it in order to complete the registration process.

We will not share Your personal information so the User will need to create a username which will be used to identify You whilst using the Service.

The User must select a password that meets the minimum level of complexity to complete registration. Passwords should contain at least 6 characters and a combination of upper and lower case characters as well as at least one number to ensure security.

It will be the User’s responsibility to keep Your username and password safe and We take no responsibility for any damage or loss incurred through mismanagement of Your login details.

We reserve the sole authority to delete, remove, or edit content on the Platform at any time and without the permission of the User.

We reserve the right to request additional information from You after registration in order to maintain Your account status and We reserve the right to temporarily freeze/deactivate Your account until this information is provided to Us. This information may be requested in order to prove Your identity, provide additional necessary information for any reason, made at Our discretion, which will be explained to You upon the request for additional information.

7. Account Deactivation

You may deactivate Your account through the platform at any time.

Once deactivated, Your account and account history can be retrieved and reactivated at Your request unless Your account was deactivated for a violation of these Terms & Conditions.

We reserve the right to store any data held on accounts once deactivated for legal, research, and analysis purposes and will not pass on this information or store it in any way in which it is less secure.

8. Fees

We will charge 2% transaction fee for every transfer made using the Service on the Standard pricing plan. For all other plans and transaction fees, please refer to our pricing page

We reserve the right to alter the fee upon the provision of 14 days’ notice and make any other alterations to Our fee system as outlined in any notice that We provide. By Your continued use of the Service after this notice period You hereby accept the alteration made in the notice.

9. Taxes

All fees are exclusive of any federal, state, local, provincial or other governmental sales, goods, services, goods and services, harmonized or other taxes (“Taxes”), fees, or charges now in force or enacted in the future.

You are responsible for all applicable taxes that arise from or result from Your use of the Service.

10. Release

If You have a dispute with one or more Users, You release Us (and Our officers, employees, and directors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

If You are a resident of California, You also waive California Civil Code §1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

11. Intellectual Property

This Platform contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited.

All trademarks reproduced in this Platform, which are not the property of, or licensed to the operator, are acknowledged on the Platform.

Unauthorized use of this Platform or its code may give rise to a claim for damages and/or be a criminal offense.

If You believe that Your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Platform, please notify Chec’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For Your complaint to be valid under the DMCA, You must provide the following information in writing:

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed A description of the copyrighted work(s) that You claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which You request to be removed or access to which is to be disabled A description of where the content that You claim is infringing is located on the Platform Information sufficient to permit Chec to contact You, such as Your physical address, telephone number, and e-mail address A statement by You that You have a good faith belief that the use of the content identified in Your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law A statement by You that the information in Your notice is accurate and that, under penalty of perjury, You are the copyright owner or authorized to act on the copyright owner’s behalf. The above information must be submitted to the following DMCA Agent. Alternatively, contact Us by e-mail at [email protected].

Upon receiving Your complaint, Chec may remove content that You believe infringes its copyright. In addition, Chec may deactivate the account of the member who appears to be infringing Your intellectual property rights. We will endeavor to provide the highest quality Service but hold no liability if You are in any way dissatisfied by the Service as it is provided.

Questions about these Terms & Conditions, the Service, Chec or Chec Platform can be sent to [email protected]