By using any of the Services and the Website, You expressly agree to be bound by these terms and all applicable laws and regulations governing the Website and the Services. The terms form a legally binding agreement between you and www.chicksx.com in relation to your use of the Website and/or the Services and applies to all users of the Services, whether registered or not, on the Website.
Summary of Terms of Service
ChicksX is a platform where users can buy and sell crypto and fiat currencies. It is for the purpose of buyers and sellers entering into contracts with us. ChicksX, however, may help to facilitate the transactions with a guarantee of the legality of even the existence of the items advertised or sold. In the interest of clarity, ChicksX shall not be liable for the non-delivery or delivery of damaged goods, and the user shall have no right to chargeback for such goods. Being a passive platform, ChicksX disowns any responsibility or liability for any content pertaining to a username or third-party website. The user of the website is entirely at the sole responsibility and risk of the user.
We may, at our sole discretion, modify or revise these Terms of Service, policies and price of services at any time by giving notice on our Website and/or through the Services, and you agree to be bound by such modifications or revisions. In the interest of clarity, it is stated that any free service can be converted into paid subscription service at any given time. Although ChicksX may attempt to notify you when major changes are made to these Terms of Service, you should periodically click on our Terms of Service to review any updates. All changes shall be effective immediately when we post them and shall apply to all access to and use of our Website thereafter. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits hereunder.
ChicksX may review and delete any user content that, in its sole judgment, violates these terms of use, applicable law, rule or regulation, is offensive or illegal, or violates the rights of, harms or threatens the safety of users of ChicksX. ChicksX reserves the right to expel users and prevent their further access to ChicksX for violating the terms of use or applicable law, rule or regulation and the right to remove content which is in violation of the terms of use, abusive, illegal or disruptive. The user hereby agrees that the website shall be in active mode during the performance of the service without any exceptions whatsoever.
You must be 18 years of age to use the Service. As used in this Agreement, “www.chicksx.com”, “we," “us,” and “our” shall mean ChicksX and its subsidiaries and affiliates. By accessing or using the services available through our Website (the “Services”), you agree to be bound by these Terms of Service. These Terms do not alter in any way the terms or conditions of any other agreement you may have with ChicksX, services or otherwise. If you are using the Services on behalf of any entity, you must provide documentation to show that you are authorized to do so.
End-Users or Customer(s) shall mean any person who, accesses, views the ChicksX Website and its Services.
Wallet means an online address operated by a ChicksX or User for storage of its Digital Assets.
Digital Assets refers to, virtual currencies such as Bitcoins, Litecoin, Ripple, Ethereum, etc., as well as proprietary tokens and coins.
Funds refers to any kind and amount of Digital Assets, as the case may be.
AML means Anti Money Laundering.
CTF means Combating the Financing of Terrorism. Content means reports, information, graphics, images, audio, video or other materials.
Representative means an entity and its Affiliate(s), any director, officer, employee, consultant, contractor, agent, distributors and attorney associated with the ChicksX.
Platform and Website(s) means www.chicksx.com
Applicable Laws shall mean and include all applicable statutes, enactments, or legislature, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of Canada and the United States.
Complete Terms of Service
1. Definitions
1.1. Users are hereinafter referred to as “You, Users.” As used in this Agreement, “www.chicksx.com ", "we," "us," and "our" shall mean ChicksX and its subsidiaries and affiliates. These Terms do not alter in any way the terms or conditions of any other agreement you may have with ChicksX for its services or otherwise.
1.2. Account shall mean the account created by the User on the ChicksX Platform.
1.3. User – any person who accesses the Website for whatever purpose, regardless of whether said User has registered with the Website as a Registered User. A User includes any person using this Website and any legal entity which may be represented by such person under actual or apparent authority.
1.4. Applicable Laws shall mean and include all applicable statutes, enactments, acts of legislature or parliament, provincial laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of Canada.
1.5. "Goods" means Digital Assets, ripples and other goods that may be purchased, sold or traded via the Services.
1.6. Representative is an entity and its Affiliate(s), any director, officer, employee, consultant, contractor, agent, and attorney associated with the ChicksX
1.7. Content means report text, web chat, graphics, emoji’s, images, music, software, audio, video, information or other materials.
1.8. ChicksX Content means all Content that ChicksX make available through the Website, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding User Content.
1.9. Collective Content means User Content and ChicksX’s Content.
1.10. ChicksX Sp. z o.o., a company registered in Poland (KRS: 0001101304), holds a Virtual Asset Service Provider (VASP) license, allowing it to provide crypto exchange and related services in compliance with applicable regulations.
2. Account Registration
2.1 By signing up to ChicksX services, you represent and warrant that:
2.1.1 You are at least eighteen (18) years of age, or the minimum age required in your jurisdiction of residence to have the necessary legal capacity, right, power and authority to accept these Terms;
2.1.2 You have the full right, power, and authority to agree to these Terms;
2.1.3 You are not a resident or a Tax resident of, and do not otherwise have any relevant connection with, any jurisdiction which ChicksX has notified as being subject to prohibitions or restrictions on accessing or using ChicksX;
2.1.4 You are not a resident or Tax resident of, and do not otherwise have any relevant connection with, any jurisdiction in which entry into or performing your obligations under these Terms or the delivery, holding, use or exchange of Digital Assets is unlawful or restricted in any way or requires licensing, registration or approval of any kind;
2.1.5 You are the authorized User of your Enabled Device, and your Enabled Device is not jailbroken, meaning that you have not, nor are you aware of anyone having, used an exploit to remove manufacturer or carrier restrictions from the relevant device;
2.1.6 You are not currently registered as a user of ChicksX;
2.1.7 You are not impersonating any other person, operating under an alias or otherwise concealing your identity;
2.1.8 You are not located in, under the control of, or a national or resident of any internationally sanctioned countries,
2.1.9 You will not use our Services if any Applicable Laws in your country prohibit you from doing so in accordance with these Terms;
2.1.10 You are the sole ultimate beneficial owner of your account and not acting on behalf of or representing any other natural person, legal person or legal entity;
2.1.11 You are the beneficial owner of (or if you are acting as a trustee, the legal owner) any Digital Asset or fiat currency subject to these Terms and forming the subject matter of the Services; and
2.1.12 You are compliant with all Applicable Law requirements to which you are subject, including, without limitation, all tax laws and regulations, exchange control requirements and registration requirements.
2.2 By creating an account, you agree to: (i) provide accurate, current and complete account information; (ii) maintain the security of your password, by not sharing your password with any other person and accept all risks of unauthorized access to your Account; and (iii) promptly provide notice to ChicksX if you discover or otherwise suspect any security breaches related to the services. ChicksX shall not be liable for any damage or loss arising from your failure to comply with these Terms. You agree and acknowledge that you will irreversibly lose your Digital Assets if you delete your Account.
2.3 To access any Services, you must complete KYC requirements by following the identity verification process specified in the AML Policy. Failure to complete the KYC process as per the AML/KYC Policy will entitle the Company to terminate the said User Account immediately. ChicksX uses a third-party verification service, "Veriff," to provide ID and customer verification services. By using the service, you agree to provide the information requested to Veriff to use in any way necessary to conduct a review and determine, authenticate, and verify your identity and share that with ChicksX. ChicksX uses the verification as a means to determine your identity and match it with your payment option of choice.
2.4 We allow you to open only one Account in association with the registration data provided by you.
2.5 You agree and accept that all of the Information (including, without limitation, Identification Documents submitted by you) you provide to ChicksX when setting up your user account and at any other time shall be true, correct, complete and accurate in all respects.
3. Use of the Service
3.1 You will not prepare the replica of our product and or use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the product and Content, except as expressly permitted by ChicksX or as permitted under applicable law. Any unauthorized use of the Services is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
3.2 ChicksX will not be liable for any inaccuracy of information on the Website. It is the responsibility of the visitor to further research the information on the Website. The User undertakes not to duplicate, download, publish, modify or distribute the material on ChicksX unless specifically authorized by ChicksX in this regard.
4. Payment & Fees
The terms set hereunder are subject to the terms and conditions laid down in the Sale agreement between the Buyer and ChicksX.
4.1. Seller fees: Seller fees can be viewed here https://chicksx.com/cart. ChicksX reserves the right to change fees from time to time with advance notice of 14 days. However, no advance notice shall be given for temporary promotions.
4.2. Buyer and Withdrawal fees. Fees for processing payments that we charge shall be posted on our fees page. These fees also shall be subject to change with 14 days advance notice, but no such notice shall be given for temporary promotions.
When selling or buying, or trading on the Website, you must have a payment method on file and pay all fees and applicable taxes associated with Services by the due date; in the event your payment method fails for any reason, we may collect fees owed to us using others collection methods including retaining collection agencies and legal- counsel. Further, late payments of fees shall be subject to charge of late fees.
You warrant and represent that all information that you provide to ChicksX or its payment processors you are authorized to use such information including, without limitation, the credit card, PIN, Key or associated account, and you authorize ChicksX and the payment processors to charge you for your purchases, subscriptions or any other fees owed to it.
5. Transactions between Buyers and Sellers
For exchanging information on products and services, ChicksX provides a platform for buyer(s) and seller(s). ChicksX requires the parties to complete the transaction, i.e deliver the goods to the buyer, and only on delivery of the goods, the seller shall get paid.
Users are solely responsible for transactions conducted on, through, or as a result of the use of the site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
Binding Sales. All sales are binding. The seller shall ensure the shipment of the order, transfer the item, or otherwise complete the transaction with the buyer in a prompt manner.
In each transaction on the website, ChicksX is hereby authorized by the respective seller to accept a respective payment from the buyer on behalf of the seller for the goods sold by such seller to the buyer. As an abundant caution and in the interest of clarity, the funds received on behalf of the seller by ChicksX are and at all times remain property of the seller.
Cryptocurrency transactions and card payments will be completed within 24 hours from the time of order confirmation, subject to successful payment authorization and compliance with AML/KYC verification requirements.
Every transaction conducted through ChicksX will be assigned a unique transaction identifier (TXID or reference number). This identifier will serve as the primary reference for resolving disputes, tracking payments, and verifying transaction status. Users are responsible for retaining their transaction identifier for any future inquiries or issues related to the transaction
6. Disputes between Users
ChicksX shall act as an arbitrator in the event that any user has a dispute with any other user with regard to a transaction on the website, such user agrees to submit the dispute to ChicksX as the arbitrator for final and binding judgment. In order to allow ChicksX to fairly and reasonably conduct investigations, users agree to refrain from seeking third party arbitration while an order is still open or pending. Users who seek third party intervention (with the exception of Government Investigative Authorities) will be seen as interfering with the investigative process and attempting to force a decision in their favor. ChicksX reserves the right to suspend or permanently ban users who attempt to interfere with standard operating procedures for orders which are still active or pending.
Reimbursement by Seller. The seller must have a valid payment method on file. The seller authorizes ChicksX to charge any reimbursement amount owed via the payment method on file. If the seller does not provide ChicksX with the valid payment method, ChicksX may collect the sums owed to it using other collection agencies or other collection methods.
Fines. The user acknowledges and agrees that if ChicksX determines that a dispute between the users breach of the agreement, ChicksX shall have the right to levy a fine against the payment method.
7. Representations and Warranties of Users
NEITHER CHICKSX, NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS “AFFILIATES”) IS RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE CHICKSX PLATFORM AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE CHICKSX AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE CHICKSX PLATFORM.
In using the Service, you agree that you will not, and will not allow or authorize any third party to:
7.1. Alter, remove or obscure any copyright notice, digital watermark, proprietary legend or any other notice included in materials in the Service
7.2. Use any of the trademarks, trade names, service marks, copyrights or logos of ChicksX in any manner that creates the impression such items belong to or are associated with you or are used with ChicksX consent.
7.3. Use any software, device or any other process to “scrape” or download data from the Website.
7.4. Either obtain or attempt to obtain through any means any materials or information on the Service that have not been intentionally made publicly available either by public display on the Service or through accessibility by a visible link on the Service.
7.5. Interfere with or attempt to interfere with or otherwise disrupt the proper working of the Service, any activities conducted on or through the Service or any servers or networks connected to the Service.
7.6. Violate the security of the Service or attempt to gain unauthorized access to the Service, data, materials, information, computer systems or networks connected to any server associated with the Service, through hacking or any other means.
7.7. Either take or attempt any action that, in the sole discretion of ChicksX, imposes or may impose an unreasonable burden on the Service or the infrastructure of the Service, or otherwise abuse the Service.
7.8. Use or permit the Service to be used to perform services for third parties, including as a service bureau, SaaS, time sharing basis or otherwise.
7.9. Distribute, sell, license or otherwise provide the Service to third parties.
7.10. Create programs similar or identical to ChicksX Cloud.
7.11. Disclose the results of any performance or functional evaluation of the Service, including benchmark results or competitive analyses.
7.12. Contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
7.13. Be part of a scheme to defraud other Users of the Website or for any other unlawful purpose;
7.14. Relate to the sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any Third Party Rights;
7.15. Violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti–discrimination or false advertising); and be defamatory, libelous, unlawfully threatening or unlawfully harassing;
Users additionally represent and warrant that:
For any of the following purposes, the list is illustrative not exhaustive, the ChicksX platform may not be used:
7.16. To impersonate another person or a User or allow any other person or entity to use your user profile to post or view comments;
7.17. To publish, post, upload, distribute or disseminate any profane, illegal, defamatory, infringing, obscene or unlawful language, material or information;
7.18. To defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and ChicksX staff;
7.19. To upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party, or ChicksX;
7.20. To constitute any personally identifiable information of any third party that you do not have adequate rights to input, distribute, upload, post, email, transmit or otherwise make available via the Service;
7.21. To advertise or offer to sell any goods or services for any commercial purpose through the ChicksX Platform which are not relevant to the Service Request services; and
7.22. To infringe any Intellectual Property Rights of ChicksX or any third party.
8. Third Party Websites and Services
8.1 Any and all contents and services (including advertising) within ChicksX that are not owned by ChicksX are “third-party content and services.” ChicksX acts merely as an intermediary service provider, and accepts no responsibility or liability for third-party Content and services.
9. License to Use
Except as otherwise agreed upon, we hereby grant you a limited, non-exclusive, non-sub-licensable license to access, and use the platform. You will not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the platform and content, except as expressly permitted by ChicksX or as permitted under applicable law. Any unauthorized use of the services is strictly prohibited and will terminate the license granted in these terms. No licenses or rights are granted to you by implication or otherwise, except for the license and rights expressly granted to you.
ChicksX will not be liable on account of any inaccuracy of information on its website. It is the responsibility of the visitor to further research the information on the website. The user undertakes not to duplicate, download, publish, modify and distribute material on ChicksX unless specifically authorized by ChicksX in this regard.
In no event shall we, our affiliates or our partners be liable (directly or indirectly) for any losses or damage whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to your conductor of anyone else in connection with the use of the service, including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the service.
10. Ownership and Intellectual Property
10.1 The Website and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of ChicksX and its licensors. ChicksX and its licensors reserve all rights in and to the Website not expressly granted to you herein. There are no implied licenses herein. All suggestions or feedback provided by you to ChicksX with respect to the Website shall be ChicksX’s property. ChicksX may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you.
10.2 This Website, and all other content forming part of the Website, including without limitation, all photographs, ideas, images, designs, Information, interfaces, graphics, brand names, logos and trademarks, are protected by copyright, trademark and other intellectual property laws of Canada and the United States.
10.3 You acknowledge and agree that ChicksX owns, controls, or is licensed all legal rights, titles and interests in and related to the Website, including all intellectual property rights.
10.4 If you believe that anything on or available through the Services infringes upon any copyright which you own or control, you may contact us at [email protected].
10.5 You acknowledge that all intellectual property rights, including, without limitation, copyrights, patents, trademarks, and trade secrets, in the Services (i.e., the Sites, Web Apps, and Mobile Apps) are owned by ChicksX or its affiliates or our licensors. Your possession, access, and use of the Website, and Services do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. ChicksX and it's affiliates and licensors, and suppliers reserve all rights not granted in these Terms. The Services are licensed to you, not sold, under these Terms. Subject always to your continuing compliance with these Terms, ChicksX grants to you a limited, non-transferable, non-exclusive license.
10.6 You may not use the content of the Services in any other public or commercial way, nor may you copy or incorporate any of the Content of the Services into any other work, including your own Website, without the written consent of ChicksX . You must have a license from us before you can post or redistribute any portion of the Services.
11. Risk Disclosure
Trading risks. You acknowledge and agree that you shall access and use the Services at your own risk. The risk of loss in trading Goods can be substantial. You should, therefore, carefully consider whether such trading is suitable for you in light of your circumstances and financial resources. You should be aware of the following points:
11.1. You may sustain a total loss of the funds in your ChicksX account, and, in some cases, you may incur losses beyond such funds.
11.2. Under certain market conditions, you may find it difficult or impossible to liquidate a position.Internet transmission risks. You acknowledge that there are risks associated with utilizing an Internet-based trading system including, but not limited to, the failure of hardware, software, and Internet connections. You acknowledge that ChicksX shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when trading via the Services, however caused.
12. Confidentiality
The term “confidential information” shall mean any and all of ChicksX’s trade secrets, confidential and proprietary information, and all other information and data of ChicksX that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other proprietary materials and confidential information relating to ChicksX or ChicksX business, operations or properties, including information about ChicksX staff, users or partners, or other business information disclosed or obtained directly or indirectly in writing, orally or by drawing or observations.
The user acknowledges that pursuant to this agreement, the user will have access to confidential information of ChicksX and its affiliates. The user undertakes to keep all data confidential and other confidential information of ChicksX and shall not sell or otherwise make that information available to any third party. Confidential information shall mean and include all information, whether verbal or written, disclosed to the user by ChicksX but not be limited to website users details (i.e., personal information and sensitive personal information as defined under the PIPEDA phone numbers, market information, all work products and documents related thereto, the contents of the website/portal or any other information, whether provided orally or in writing, received or to be reviewed by the user. Further, the confidential information at no time can be disclosed to any party in the same or similar business as that of ChicksX (“Competitor”). In the event, ChicksX becomes aware that the confidential information has been disclosed to a competitor or has been used for the benefit/interest of the competitor, ChicksX can claim such direct and indirect damages as it may suffer due to such losses.
13. Indemnification
The user agrees and undertake to indemnify and to hold harmless ChicksX and other parties determined by ChicksX, ChicksX affiliates, successors, agents, assigns, and each of their directors, officers, employees, associates, agents and representatives from and against any data loss, financial losses, damages, liability, claims, costs, penalty and expenses (including, without limitation, reasonable attorneys’ fees) incurred by reason of (i) any breach or alleged breach by the user of the users obligations, responsibilities, representations, or warranties under the subscription agreement and/or user T&C; (ii) any infringement or unauthorized use of intellectual property rights of ChicksX including but not limited to infringement of intellectual property rights of ChicksX in the website (iii) any breach of confidentiality obligations of the user under the agreement or user T&C; (iv) any violation of ChicksX policies by the user; (v) any harm to the reputation and goodwill of ChicksX directly attributable to the user; and (vi) damage, unauthorized use or loss of the website.
14. Electronic Communications
When you send an email or chat electronically with ChicksX, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email, phone calls or sms text messages. You agree that all agreements, notices, disclosures and other communications that ChicksX provides you electronically satisfy legal requirements that such communications be in writing.
15. Reliance on Information Posted
15.1 The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this Information. Any reliance you place on such information is strictly at your own risk and responsibility. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
16. Limitation of Liability
16.1 ChicksX is not liable for any of your losses caused by any of the following events, including but not limited to:
16.1.1 loss of sales, profits, business, business opportunity or revenue;
16.1.2 loss of anticipated savings;
16.1.3 loss of business opportunity, goodwill or reputation;
16.1.4 Use or failure to use ChicksX or Services
16.1.5 Unauthorized use of your Account or unauthorized alteration of your data by third parties
16.1.6 Your misunderstanding of ChicksX or Services
16.1.7 Any other losses related to ChicksX or Services which are not directly attributable to the Company
16.1.8 Customers are solely responsible for ensuring the legitimacy of the cryptocurrency they transfer to us. If any funds sent to us are under investigation, suspected to be stolen, or linked to illegal activities, and such funds are subsequently held, frozen, or seized by our liquidity provider or any third party, we shall bear no responsibility for any losses, delays, or inability to recover the funds.
16.2 IN NO EVENT SHALL CHICKSX, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT DISPLAYED ON THE DEVICE, (II) PERSONAL INJURY OR PROPERTY DAMAGE(INCLUDING YOUR SMARTPHONE), OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PRODUCT AND SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND, IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CHICKSX IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT CHICKSX SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THE SERVICES ARE CONTROLLED AND OFFERED BY CHICKSX FROM ITS FACILITIES IN CANADA AND IN THE UNITED STATES. CHICKSX MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
16.3 CHICKSX AND OUR LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR NETWORK, COMPUTER OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CHICKSX OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY.
16.4 YOU UNDERSTAND AND AGREE THAT THIS LIMITATION OF LIABILITY SHALL APPLY EVEN IF CHICKSX IS FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO BREACH OF CONTRACT, BREACH OF EXPRESS OR IMPLIED OR LIMITED WARRANTY, NEGLIGENCE OF ANY KIND OR DEGREE, STRICT PRODUCT LIABILITY, SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, OR ANY OTHER THEORY OF LIABILITY. HOWEVER, THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY WILLFUL, WANTON, INTENTIONAL OR RECKLESS MISCONDUCT OF CHICKSX.
17. Warranties
17.1 YOUR USE OF OUR WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CHICKSX NOR ANY PERSON ASSOCIATED WITH CHICKSX MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS SUFFERED IN RELATION TO YOUR USE OR INABILITY TO USE THE WEBSITE WITHOUT LIMITING THE FOREGOING, NEITHER THE CHICKSX NOR ANYONE ASSOCIATED WITH CHICKSX REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
17.2 WE MAKE EVERY EFFORT TO VERIFY STATEMENTS AND INFORMATION SUBMITTED BY THE THIRD PARTIES AND OUR MEMBERS, THE INFORMATION COMPILED BY US IS BASED ON INFORMATION SUPPLIED BY VARIOUS INDIVIDUALS AND BUSINESSES, IT DOES NOT REPRESENT THE VIEWS OF CHICKSX. AND CHICKSX CANNOT BE HELD RESPONSIBLE FOR ANY OMISSIONS OR INACCURATE CLAIMS THAT MAY APPEAR.
17.3 THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. Entire Agreement / Severability
18.1 These Terms of Service incorporate our Privacy Policy which together constitutes the entire Agreement between You and ChicksX, in relation to Your use of the Website and/or the Services and supersedes any prior representations, inducements, or agreements relating to its subject matter. You agree that these Terms of Service are not intended to confer and do not confer any rights or remedies upon any third party. If any part of these Terms of Service are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. These Terms of Service, including all terms and policies referenced herein, contain the entire understanding, and supersede all prior agreements, between you and ChicksX relating to this subject matter, and cannot be changed or terminated orally.
19. Assignment
19.1 You may not assign these Terms or any of the rights granted hereunder without the prior written consent of ChicksX, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.
20. Non-waiver
20.1 Failure by either ChicksX or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
21. Force Majeure
21.1 Failure by either ChicksX or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
22. Governing Law
22.1 Governing Law and Arbitration for Canadian Citizens. If you are a Canadian Citizen, you hereby agree that all actions brought in respect of this Agreement, or any Services delivered pursuant to this Agreement, shall be brought before Toronto, and the parties hereby acknowledge the exclusive jurisdiction of the Competent Courts of Ontario.
22.1.1 Arbitration Procedures: ChicksX may decide to resolve the dispute via Arbitration and any such dispute relating to the application, interpretation, implementation or validity of this Agreement. The Parties agree to resolve the dispute by Arbitration at ADR Chambers using the ADR Chambers Expedited Arbitration Rules (https://adrchambers.com/expedited-arbitration/). The Parties agree that the ADR Chambers Expedited Arbitration Rules give the Parties a fair opportunity to present their case and respond to the case of the other side. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction. There will be no appeal from the decision of the arbitrator on questions of fact, law, or mixed fact and law.
22.1.2 Discovery. Each party may (a) request relevant, non-privileged documents from the other party; and (b) request that the other party provide the particulars of its claims or defences. Any such discovery requests must be served on the other party within 10 days after the arbitrator’s appointment. The responding party shall provide the requesting party with all responsive, non-privileged documents, the requested particulars, and/or any objections to the requests within 15 days after receipt of the requests. Any disputes about discovery or requests for extensions shall be submitted promptly to the arbitrator for prompt resolution. In ruling on any discovery dispute or extension request, the arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort that would be involved in providing the requested discovery, the case schedule, and whether the requested discovery is necessary for the adequate preparation of a claim or defence.
22.1.3 Communications with the Arbitrator. Whenever communicating with the arbitrator, the parties must include each other – for example, by including the other party on a telephone conference call and copying the other party on any written submissions, such as letters or e-mails. To the extent practicable, conferences with the arbitrator will take place by telephone conference call or e-mail. Ex-prate communications are not permitted with any arbitrator.
22.1.4 Confidentiality. Upon either party’s request, the arbitrator will issue an order requiring that confidential Information of either party disclosed during the Arbitration (whether in documents or orally) may not be used or disclosed except in connection with the Arbitration or a proceeding to enforce the arbitration award and that any permitted filing of confidential Information must be done under seal.
22.2 Governing Law for United States Citizens: If you are a United States Citizen, you are entering into an agreement with ChicksX LLC (1209 Orange Street, Wilmington, DE 19801.) vide this terms and conditions and you hereby agree that all actions brought in respect of this Agreement, or any Services delivered pursuant to this Agreement, shall be brought before Delaware, and the parties hereby acknowledge the exclusive jurisdiction of the Competent Courts of Delaware, United States.
22.3 Governing Law and Jurisdiction for Residents of the European Union: All actions brought in respect of this Agreement, or any Services delivered pursuant to this Agreement, shall be governed by and construed in accordance with the laws of Poland, without regard to its conflict of laws principles. The parties hereby irrevocably submit to the exclusive jurisdiction of the competent courts located in Warsaw, Poland, for the resolution of any disputes arising under or in connection with this Agreement.
Contact Us
If you have any questions or concerns regarding these Terms or our Services, please contact us through the support portal at [email protected].