Valid 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.
By clicking "Create Account", "Join SplitChek", "Sign Up" or similar, registering, accessing or using our products (described below), you agree you are entering 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.
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.
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.
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.
Our mission is to connect, empower and give voice to shoppers. SplitChek's online shopping platform and services have been established to create and promote a safe and secure online shopping community and selling opportunities for businesses. Our online shopping platform community services are here so you and millions of others around the world can shop online, exchange ideas, learn, and share feedback on the products or services you purchased from our trusted network of online retailers and businesses.
To help advance this mission, we provide the products and services described below to 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.
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.
There are many ways to express yourself on SplitChek and to communicate with friends, family, and others about what matters to you. We encourage you to share updates, photos, videos, and stories about your experience with SplitChek and it's services. You can share insight and feedback about products you have purchased or services you have used, foods you may have bought or travel experiences via text messages to a friend or several shoppers, or by adding favourites to your wishlist and splitting the bill at checkout with friends or family.
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 material you see is as relevant and useful to you as everything else you see on our Platform.
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 behaviour 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.
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.
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.
To operate our global service, we need to store and distribute content and data in our data centres and systems around the world, including outside your country of residence. This infrastructure may be operated or controlled by SplitChek or its affiliates.
We provide these services to you and others to help advance our mission. In exchange, we need you to make the following commitments:
When shoppers stand behind their opinions and actions, our community is safer and more accountable. For that reason, you must:
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 informing 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 particular 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.
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:
We need specific permissions from you to provide our services: Permission to use the 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 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. Explicitly, 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). Also, 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 permit us 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 view 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.
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.
We do not sell products for purchase by children. We allow children to add items to their wishlist, but a parent must check out the children's account. If you are under 16, you may only use Our Products with the involvement of a parent or guardian.
We continuously work 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 reflect our services and practices accurately. Unless otherwise required by law, we will notify you before we make changes to these Terms and allow you to review them before they go into effect. Once any updated Terms are in force, 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.
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
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.
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 upfront 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"). 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. You also agree that you will submit the necessary documentation to the personal jurisdiction of this court to litigate 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.
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:
You agree that you will not:
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.
We comply with:
We comply with:
For general inquiries, you may contact us online. For legal notices or service of process, you may write to us at these addresses.