"We,""we,""Q.tk "is a unique global business that specialises in QR Code, specialist products and services . From the website Q.tk which is located at https://Q.tk and the holder of the intellectual property rights in it. "Q.tk ", "website ", "site "means https://.Q.tk and all its contents "Service ", "Services ", "characteristics "means the Services described below
ACCEPTANCE OF TERMS
To be eligible to use the Service, you must meet the following criteria and represent and ensure that:
· You are at least 12 years of age or older;
· Currently, are not restricted or prohibited to use the Services,
· Are not competitors of Q.tk or are not using the Services for reasons that are in competition with us;
· You will only maintain, and NOT own a Q.tk account at any given time;
· To have full power and authority to enter into this Agreement and in so doing shall not violate any other agreement to which you are party;
· You will not violate any rights of Q.tk, including intellectual property rights, Trademark rights;
You have the option to register an account and create a password. Your username will be your email address. If you register for an account, you agree to give us the correct and complete registration data required and to tell us at once of any updates or other changes to such data. For instance, you may not:
I. Enter, create or use a name or an email address used or controlled by another individual with the intent to impersonate that person, or
You are responsible for the activity that occurs in your subscriber account, and to maintain your secure account. To this end, you agree to:
· To keep your password safe and confidential;
· Not allow others to use your account;
· Refrain from selling, trading or transferring your account to another party;
Refrain from charging anyone for access to any part of your account, or any information on it.
You must immediately notify us of any breach of security or other unauthorized use of your Account. We will not be liable for any loss or damage for your breach of this security obligation. You acknowledge and accept that under no circumstances shall we be liable in any way for any of its acts or of any third party, including damages and losses of any kind resulting from such acts or omissions.
RATES AND PAYMENT
Some of the features/Services require the payment of a fee. If you choose to use these features, you will pay all applicable fees for the subscription period you choose. We reserve the right to change the terms of payment and the fees in our sole discretion provided that such change takes effect at the end of the period of validity of your subscription.
All fees are exclusive of all taxes, levies or duties imposed by tax authorities, and you will be responsible for payment of the same. You agree to pay any tax that may apply to your use of the service and payments you make to us. By accepting these terms, you authorize us to perform any reasonable and necessary investigation to validate your account and financial information.
When you sign up, you agree that:
· When registering by subscription (monthly, every three months, every six months or annually(As the case may be), you acknowledge and agree that it is a recurring payment and the payments must be done to Q.tk by the payment method you have named, until the subscription is terminated for you or Q.tk.
· The subscription fee will be invoiced at the beginning of your subscription and in each year, annual, quarterly or monthly, depending on the original subscription term selected at registration, unless you cancel before the renewal date by the established process set forth.
· You grant permission to Q.tk 's third-party payment processor to automatically renew your subscription and upload your payment method up to five (5) days before the day your subscription is scheduled to end.
· You can withdraw from any set or automatic subscription renewal process at any time by visiting the subscription page in the subscriber 's account Control panel and cancellation of the payment agreement.
CANCELLATIONS AND REFUNDS
If you cancel your Subscriber Account, for any or no reason, at any time, with written notice to us, such notice taking effect on us by processing your written notice, the cancellation will result in you no longer having access to your subscriber account and also, in our sole discretion, may result in the confiscation and deletion of all information and data that we have associated with you and your subscriber account, Including Items created during the prior use of the Services. We accept no liability whatsoever for the deletion of such information, data or articles.
You may request a refund of the unpaid portion of your current subscription payment at any time, with written notice to us provided that:
· The subscription period for which the return is requested is for three months or more, and
· The unexpired subscription period for which the refund is requested is greater than or equal to 50% of the original subscription term;
· You are the actual owner of the registration account.
If all these criteria are met, a refund will be issued within (5) business days of receipt of your request for reimbursement. Refunds will only be returned to the payment method used to pay for the original subscription against which the refund is made.
RULES OF CONDUCT.
· You will not use the Services for any purpose that is prohibited by these Terms of Service, and you acknowledge that you are responsible for all your activity related to the Services.
· You may not and will not allow third parties use the Services to facilitate direct or indirect access to content or material that are illegal, fraudulent, criminal or illegal?
· Disregard the rights of third parties, including the downloading, installation or distribution of pirated software or other improperly licensed software, deletion of author attributions, legal notices or proprietary designations or labels in any file being uploaded, Origin or source of any software or other material.
· Incites, promotes or encourages violent, exploitative, racist, discriminatory, socially unacceptable or irresponsible behavior.
· Commit the rights of children and minors, harm them or treat them in any way unfairly.
· Invading the privacy of others, causing discomfort, annoyance or unnecessary anxiety to anyone
· Transmit, distribute, link or access any material that you know or reasonably should know, cannot be transmitted, distributed, linked or accessed legally.
· Is offensive, abusive, defamatory, indecent, obscene, illicit, harassing or threatening.
· It constitutes a breach of the copyright, trademark, intellectual property, confidentiality, privacy or any other right of any person or entity.
· Containing viruses, trojans, malware, damaged files, machine-readable code or any other similar software or program that is known or may disrupt, damage, destroy or limit the functionality of any telecommunications software, hardware or equipment or To damage Or gain unauthorized access to any system, data, password or other information.
· Otherwise, we determine that we are inappropriate in our sole discretion.
You should not:
· take any action that imposes or may impose (as we determine at our sole discretion) an unreasonable or disproportionately large load on the infrastructure of Q.tk (or its third party suppliers);
· interfere with or attempt to interfere with the proper functioning of the Services or any activity performed on the Services;
· collect or scrape any content, data, code, scripting, images of the Services; or
· otherwise take any action in violation of our guidelines and policies.
You may not (directly or indirectly):
· try to decrypt, decompile, disassemble, reverse engineer or attempt to derive any source code or underlying ideas or algorithms from any aspect, characteristic or part of the Services, except to the extent that the applicable laws specifically prohibit such restriction;
· modify, translate or otherwise create works derived from any part of the Services; or
copy, rent, lease, distribute or transfer in any other way any of the rights you receive by this document. You must agree to comply with all applicable local, state, national, and international laws and regulations.
We also reserve the right to read, access, and disclose any information reasonably believed necessary to:
· comply with any applicable regulation, law, legal process or governmental request;
· enforce these Terms of Service, including investigating possible violations thereof;
· detect, prevent, or otherwise solve fraud, security or technical problems;
· respond to requests for user support; or
protect the rights, property or safety of Q.tk, its users, and the public. This includes exchanging information with other companies and organizations for protection against fraud and spam prevention.
Depending on the severity, extent, or duration of the breach, the degree of prejudice to other users and our prior interactions with the user identified as responsible for the breach, In our sole discretion, we will:
· Disable or temporarily or permanently limit any or all of the QR codes and associated short URLs that are directly related to such breach or breach.
· Remove or immediately remove from our database all or all QR codes and URLs that relate directly to such violation or breach.
· Immediately disable user access to the subscriber account associated with any or all QR codes that are directly related to said breach or breach.
· Immediately cancel the subscriber account associated with any or all QR codes that are directly related to the breach.
· Immediately delete the subscriber account associated with any or all of the QR codes that are directly related to the breach, including the confiscation and deletion of all information and data that we possess associated with said subscriber account, including but not limited to all other QR codes and associated short URLs created during the previous use of the Services.
Prohibit the user 's IP address to prevent access to the Services.
You agree that we will not be liable to you or any third party, in whole or in part, for loss of use, loss of profits, loss of income, loss of goodwill, loss of data, cost of acquisition of Goods or services or any other intangible loss or cost to you or any third party arising out of the actions we take in response to a breach or breach of our Rules of Conduct.
The use of third party websites is at your risk. The links contained in the Site will take us to other websites that are not under our control, and we do not assume any responsibility.
· You may not create links to your websites and the Site (hyperlink, in-depth links, frames, scales, or otherwise), nor may you frame the Site on any Third parties without our prior written consent, which we may grant or refuse in our sole discretion.
· You agree that when accessing the Site, you must not distribute prices or harvest prices manually or by using a web spider, web crawler, or any other web browsing or another system.
· You shall not attempt to gain unauthorized access to the Site, our servers, or any materials that support the Site. You must not attempt to reconfigure the Site in any way. For the avoidance of doubt, full details of any infringement committed by users of the site under the Computer Abuse Act 1990 will be reported to the relevant law enforcement authorities.
You must not abuse the Site in any way, including the posting on the Site of any virus, program or other material that may be dangerous to the technology or malicious.
Some countries and jurisdictions do not allow the waiver of terms implicit in consumer contracts, and as such, this section may not apply to you.
· Do not rely on Q.tk, any information on it, or its continuation. We provide the platform for Q.tk and all information and services based on "as is "and "as available "and we do not provide any warranty or express representation.
· To the extent permitted by applicable law, we waive any and all implied warranties and representations title, accuracy of data, and non-infringement. If you are unsatisfied or damaged by Q.tk or anything related to Q.tk, you can close your subscription account and may terminate this agreement by the section entitled "Termination "below and such action shall be your sole and Exclusive Remedy.
· We do not guarantee that your use of the service will not infringe upon the rights of third parties websites.
· Any service, material or technology described or used on the website may be subject to the intellectual property rights of third parties who have authorized such material, service or technology to us.
· We have no obligation to verify the identity of the people who subscribe to their Services, nor have any obligation to monitor the use of their Services by other users in the community; Therefore, you waive all liability for identity any misuse of your identity or information.
· We do not guarantee that the Services will operate without interruption or malfunctions. We disclaim all liability for damages caused by such interruption or errors in operation. Also, we disclaim all liability for any malfunction, inability to access, or misuse of the Services due to improper equipment, disturbances related to Internet service providers, saturation of the Internet network, and any other reason.
You agree to protect, save and hold harmless Q.tk, its subsidiaries, affiliates, agents, directors, agents, co-branders, partners and employees from any request or request, including any service provided or agreed to be executed reasonable lawyers ’fees, made by third parties due to, resulting from or deriving from:
· use any of the Services provided, executed or agreed to be executed,
· The violation of any right of any person or entity directly or indirectly resulting from the use of Services.
· Termination of Access to Services as a result of the breach of this Agreement
· The cancellation of access to the Services following a specific written request from the user to cancel such service.
LIMITATION OF LIABILITY
Some countries do not allow the exclusion or limitation of liability in consumer contracts, and consequently, this section may not apply to you.
Q.tk,its affiliates, their respective directors, employees, contractors, agents, partners, suppliers, suppliers, or content providers are under no circumstances cumulatively liable for
· damages exceeding five times the most recent fare you paid For Services, if applicable, or, whatever is the highest amount;
· special, incidental, indiscriminate, punitive, exemplary or consequential damages in connection with loss of use, loss of revenue, loss of profit, loss of goodwill, loss of data, costs of supply of goods or services Substitutions, or other intangible losses or costs to you or to third parties arising from use or inability to any use the Services;
This limitation of liability is part of the bidding between the parties and without it, the terms and prices applied would be different. This limitation of liability:
Apply independently of the fact that
· Your claim is based on a contract, tort, statute or any other legal theory,
· We knew or should know about the possibility of such damages, or
· The limited remedies provided in this section do not meet their essential purpose, and
· Does not apply to any damage that we may intentionally or consciously cause in violation of this agreement or applicable law, or otherwise mandated by applicable law that can not be excluded from this agreement.
Although we offer worldwide services, and our site may be accessible, we make no representation that the materials on this site are available or appropriate for use in locations outside the republic of Ireland and access them from territories where its content is illegal. Those who decide to access this site from other locations do so in on their initiative and are responsible for compliance with local laws. Any offer for any product, service, and the information made in connection with this site is void where prohibited.
APPLICABLE LAW AND JURISDICTION
Notwithstanding any conflict of law principles, this Agreement or any claim, cause of action or dispute ("Claims ") arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of Ireland regardless of its country of origin. You agree that all claims arising out of or relating to this Agreement must be settled exclusively by a court located in Ireland and you agree to submit to the personal jurisdiction of the courts located in Ireland for the purpose of litigating all such claims. Notwithstanding the preceding, you agree to allow Q.tk to request an injunction (or an equivalent type of urgent legal redress) in any jurisdiction.
You may terminate this Agreement for any reason, at any time, by written notice, such notice that has an effect on us to process your written communication. Upon termination of this Agreement, regardless of the reasons, the right to use the Services available on this site immediately stops, and acknowledges and accepts that we can immediately remove your account and all relevant information and related data and denies you further access to Services.
In the case of termination of this agreement by one of the parties:
· We will not be liable to you or third parties for any damages or damages arising from such claims, resolution or any other action taken by us in connection with this resolution.
· We will not be responsible for returning your payments or fees to you after the agreement has been terminated
All the provisions of this Agreement that by their nature must survive the resolution including, without limitation, provisions on property, collateral warranties, indemnities and limitations responsibility