These Terms and Conditions (hereinafter the “Terms“) are prepared by a private limited company “QSKIP LIMITED” (incorporated in the United Kingdom; Company number 10848976; Registered office address: Kemp House, 160, City Road, London, United Kingdom, EC1V 2NX; hereinafter the “Company” or “we”).

Your use of the website https://q-skip.io/, iOS or Android application developed by the Company (hereinafter the “Platforms“) presumes your consent to the Terms.

The Company may change the Terms at any time. The Company may inform you of the changes to the Terms using the available means of communication. The Company recommends you to check the Platforms frequently to see the actual version of the Terms their previous versions.

You acknowledge that we are an intermediary online platform which provides the Platforms in order to help a Bartender offer a Drink or Food to you and help you order a Drink or Food in a Venue. We are not responsible for quality or other terms which shall be agreed between you and a Bartender. You acknowledge that we are not a party to an agreement between you and a Bartender.

DEFINITIONS

The following terms shall have the following meanings:

Account” shall mean a profile that you create by signing up or you use by signing in through your device when you use the Platforms.

Content” shall mean and include any data, text, information, images, graphics, photos, music, audio materials, video materials, software, profiles, works of authorship, links and other content or materials that are available on the Platforms regardless of whether they are published by you, us or a third party.

Drink” shall mean a liquid intended for human consumption.

Food” shall mean any eatable substance which shall be served by the Bartender to you.

Bartender” shall mean a User who may offer and sell a Drink or Food through the Platforms in a Venue.

User” shall mean a person who has created an Account on the Platforms.

Venue” shall mean a place, including but not limited to, bar or nightclub where a Drink or Food is served by a Bartender.

PRIVACY POLICY

Our Privacy Policy is available on a separate page. Our Privacy Policy explains to you how we process information about you. You shall understand that through your use of the Platforms you acknowledge the processing of this information shall be undertaken in accordance with the Privacy Policy.

YOUR ACCOUNT

When using the Platforms, you shall be responsible for ensuring the confidentiality of your Account, password and other credentials and for secure access to your device. You shall not assign your Account to anyone. The Company is not responsible for unauthorized access to your Account that results from misappropriation or theft of your Account. The Company may refuse or cancel service, terminate an Account, and remove or edit content.

The Company does not knowingly collect Personal Data from persons under the age of 18 (eighteen). If you are under 18 (eighteen) years old, you may not use the Platforms and may not enter into the Terms under any circumstances.

SERVICES

You may order a Drink or Food through the Platforms based upon the information provided by a Bartender.

You acknowledge and agree that you are responsible for accepting a Drink or Food and publishing Content.

You may order a Drink or Food to a third party in a Venue.

A Bartender shall inform you about a price. A Bartender may propose special conditions for lesser price or no price for a certain period of time. These special conditions shall be published separately by a Bartender.

If you are not satisfied with the consumed Drink or Food, you may not ask us to provide any refund.

We may, at our sole discretion, set fees for using the Platforms for you. All prices are published separately on relevant pages on the Platforms. We may, at our sole discretion, at any time change any fees.

ELECTRONIC COMMUNICATIONS

Visiting the Platforms or communicating with the Company shall constitute your consent to receive electronic messages.

COMMUNICATIONS

By using the Platforms, you agree to receive messages from the Company. The Company may contact you by using the available means of communication. You shall communicate in good faith.

The Company may filter any Content you provide.

All notices and communication shall be in the English language. The Company will not accept notices in other languages.

THIRD PARTY SERVICES

The Platforms may include links to other sites, applications, and platforms (hereinafter the “Linked Websites”). The Company does not control the Linked Websites, and shall not be responsible for the content and other materials of the Linked Websites. The Company makes these links available to you for providing the functionality or services on the Platforms.

PROHIBITED USES AND INTELLECTUAL PROPERTY

The Company grants you a non-transferable, non-exclusive, revocable license to access and use the Platforms from one computer in accordance with the Terms.

You shall not use the Platforms for unlawful or prohibited purpose. You may not use the Platforms in a way that may disable, damage, or interfere in the Platforms.

All content present on the Platforms includes text, code, graphics, logos, images, compilation, software used on the Platforms (hereinafter the “Content”). The Content is the property of the Company or its contractors and protected by intellectual property laws that protect such rights. You agree to use all copyright and other proprietary notices or restrictions contained in the Content and you are prohibited from changing the Content.

You may not publish, transmit, modify, reverse engineer, participate in the transfer, or create and sell derivative works, or in any way use any of the Content. Your enjoyment of the Platforms shall not entitle you to make any illegal and disallowed use of the Content, and in particular you shall not change proprietary rights or notices in the Content. You shall use the Content only for your personal and non-commercial use. The Company does not grant you any licenses to the intellectual property of the Company.

THE COMPANY MATERIALS

By posting, uploading, inputting, providing or submitting your Content you are granting the Company to use your Content in connection with the operation of Company’s business including, but not limited to, the rights to transmit, publicly display, distribute, publicly perform, copy, reproduce, and translate your Content; and to publish your name in connection with your Content.

No compensation shall be paid with regard to the use of your Content. The Company shall have no obligation to publish or enjoy any Content you may send us and may remove your Content at any time.

By posting, uploading, inputting, providing or submitting your Content you warrant and represent that you own all of the rights to your Content.

DISCLAIMER OF CERTAIN LIABILITIES

The information available via the Platforms may include typographical errors or inaccuracies. The Company shall not be liable for these inaccuracies and errors.

The Company makes no representations about the availability, accuracy, reliability, suitability, and timeliness of the Content contained on and services available on the Platforms. To the maximum extent allowed by the applicable law, all such Content and services are provided on the “as is” basis. The Company disclaims all warranties and conditions regarding this Content and services, including warranties and provisions of merchantability, fitness for a certain purpose.

To the maximum extent permitted by the applicable law, in no event shall the Company be liable for any direct, indirect, incidental, consequential, special, punitive damages including, but not limited to, damages for loss of enjoyment, data or profits, in the connection with the enjoyment or execution of the Platforms in the context of the inability or delay to enjoy the Platforms or its services, or for any Content of the Platforms, or otherwise arising out of the enjoyment of the Platforms, based on contract and non-contract liability or other reason.

If the exclusion or limitation of liability for damages, whether consequential or incidental, are prohibited in a particular case, the exclusion or limitation of liability shall not apply to you.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Company, its managers, directors, employees, agents, and third parties, for any costs, losses, expenses (including attorneys’ fees), liabilities regarding or arising out of your enjoyment of or inability to enjoy the Platforms or its services and Company’s services and products, your violation of the Terms or your violation of any rights of third parties, or your violation of the applicable law. The may assume the exclusive defence and you shall cooperate with the Company in asserting any available defences.

TERMINATION AND ACCESS RESTRICTION

The Company may terminate your access and Account to the Platforms and its related services or any part at any time, without notice.

MISCELLANEOUS

The laws of England and Wales shall govern the Terms. You shall not use the Platforms in jurisdictions that do not give effect to all provisions of the Terms.

No joint venture, partnership, employment, or agency relationship shall be implied between you and the Company as a result of the Terms or use of the Platforms.

Nothing in the Terms shall be a derogation of the Company’s right to comply with governmental, court, police, and law enforcement requests or requirements regarding your enjoyment of the Platforms.

If any part of the Terms is determined to be void or unenforceable in accordance with applicable law then the void or unenforceable clauses will be deemed superseded by valid and enforceable clauses shall be similar to the original version of the Agreement and other parts and sections of the Agreement shall be applicable to you and the Company.

The Terms constitute the entire agreement between you and the Company regarding the enjoyment of the Platforms and the Terms supersede all prior or communications and offers, whether electronic, oral or written, between you and the Company.

The Company and its affiliates shall not be liable for a failure or delay to fulfil its obligations where the failure or delay results from any cause beyond Company’s reasonable control, including technical failures, natural disasters, blockages, embargoes, riots, acts, regulation, legislation, or orders of government, terroristic acts, war, or any other force outside of Company’s control.

In case of controversies, demands, claims, disputes, or causes of action between the Company and you relating to the Platforms or other related issues, or the Terms, you and the Company agree to attempt to resolve such controversies, demands, claims, disputes, or causes of action by good faith negotiation, and in case of failure of such negotiation, exclusively through the courts of England and Wales.

The governing law of the contract shall be the substantive law of England and Wales, except the conflict of laws rules.

CONTACT US

With regard to the Terms, please contact us through contact@q-skip.io.