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Terms Of Service for QwickPic.com

Welcome to our Terms of Service (“TOS). You are required to read and accept our TOS.

IMPORTANT NOTICE: Essential Terms

Your right of access to, and right of use of the QwickPic.com ( www.qwickpic.com ) web site (“the Site”) is strictly governed by and subject to this TOS. 

You acknowledge, without reservation, that We are a commercial enterprise relying on the Intellectual Property that has been developed at Our expense. 

You further acknowledge and understand that We therefore possess the right to set out certain essential terms to which you agree to be bound in consideration for being granted a Licence to access and use the Site. 


1. GENERAL CONTRACTUAL OBLIGATIONS

You may wish to gain access to the Site, or you have already done so, or you may wish to expand or vary your access and use of the Site. 

This TOS sets out the contractual relationship between you and Us. It is legally binding on You. We bring to your attention, and you acknowledge that:

1.1       We may, at any time and from time to time, introduce and impose Terms & Conditions, in respect of one or a number of specific services or facilities that We offer. 

In the event of any conflict between this TOS and any Terms & Conditions, then the latter shall take precedence and shall prevail for the purposes of legal interpretation and contractual enforcement.

We may have entered into other agreements with you and, in the event of any conflict between this TOS and any such agreements then the terms and conditions contained within the other agreement(s) shall take precedence and shall prevail.

1.2       We have adopted a Privacy Policy (which includes Privacy Statements for a specific service or facility, or a number or all of them) and you agree to be also bound by the Privacy Policy as if you had given it as a contractual undertaking in Our favour.

1.3       We do not condone, nor permit, any act or form of ‘spamming’ (being the transmission of ‘unsolicited’ emails, except where it is clearly indicated having due regard to all the surrounding facts that the recipient intended or solicited the receipt of such emails). We may adopt at anytime an Anti-Spamming Policy. You expressly agree not to engage in any form of ‘spamming’. You also agree to be bound by any Anti-Spamming Policy that We may adopt from time to time.

1.4       This TOS includes your agreement and undertaking to be bound the appropriate Terms & Conditions and Privacy Policy and Privacy Statements.

1.5       Your attempt to access the Site, your attempt to use the Site, or your access and use of it in any manner, is your agreement to be bound by this TOS.

1.6       We may revise or amend the TOS at any time without notice to you to which you shall be bound as if you had agreed to the variation in writing. 

You may, at any time, access the most current version of Privacy Policy, Policy Statements, TOS and Terms & Conditions by entering the web site and following the relevant link from the MEG General menu and We advise and recommend your regular review of any such alterations or variations.

1.7      Subject to any other agreement We may have entered into with you, We are not obliged to provide any service to you and We retain the right, at Our sole discretion, to terminate your access to the Site or any part of the Site and We may, at any time and at Our sole discretion, terminate any service without notice.

1.8       You shall continue to be bound by this TOS despite you or Us terminating or modifying a right of access or a right of use that has been previously granted to you.

1.9       The extent of Our liability to you is limited to the extent set out in this TOS, or to such extent as may be determined in accordance with any applicable law in a competent jurisdiction that overrides this TOS.

1.10    This TOS is governed by the laws of the country. You agree to submit to the exclusive jurisdiction of the Courts in the event of any litigation you undertake (or join with another or others to undertake) against Us and you further agree that, in the event of any attempted litigation you undertake against Us in a jurisdiction other than the country, then the legal doctrine of forum non conveniens shall apply and prevent such litigation but without limiting or precluding your rights within ( to be updated ).

1.11    Our right to undertake legal proceedings against You is not restricted to the Courts.

1.12    You agree that, despite any statute or law to the contrary, any claim you bring against Us must be filed in the country within 1 year after such cause of action arose and any claim in relation to an alleged cause of action arising beyond 1 year is forever barred.

1.13    Your rights and entitlements arising under this TOS cannot be transferred to another party without Our specific written approval. 

Any amount due and payable by Us to you shall, upon it forming part of your estate on death, shall be transferable upon evidence of the granting of probate.

1.14    In the event that We elect or fail to exercise or enforce any right or provision of the TOS that We have, such election or failure shall not constitute a waiver of such right or provision nor an amendment of this TOS between you and Us.

1.15    This TOS binds your successors.

1.16    If any part of this TOS is illegal, invalid or unenforceable, then that part, or parts if more than one, will be read down to the extent necessary to ensure the TOS is not illegal, invalid or unenforceable but, if it is not possible to do so, then that part or parts shall be severed from the TOS and the remaining provisions shall continue to have full force and effect.

 

2. OBLIGATIONS AND UNDERTAKINGS

The following sets out the obligations that are placed on you in consideration for being granted a right of access and a right of use in relation to the Site, and you give Us your undertakings unreservedly to comply with each and every obligation that may apply to you and to be accordingly bound at all times:-

2.1       Identification and Registration Data

You will be asked to provide Us with Identification Data and/or Registration Data. 

You have an obligation to Us to provide true, accurate and complete information about yourself and thereafter to maintain and promptly update the information in order to keep it true, accurate and complete. 

Identification and Registration Data is subject to our Privacy Policy. Information provided to Us must not be false, inaccurate or misleading.

We reserve the right to limit, or restrict, any Licence based on the adequacy, nature and the assessed reliability of Identification and/or Registration Data you provide to Us. We may adopt such Anti-Money Laundering Program (or programs) we consider appropriate for the purposes of international and legal compliance or as may be required by our bankers. We therefore reserve the right to prescribe such quantity or quality of data appropriate for any Licence as we see fit.

2.2       Capacity to enter Contractual Relationships

We have the right to assume that you have the capacity to enter into a contractual relationship that is binding or will be binding on you at law. 

You have an obligation to inform us if you are subject to a legal disability (such as your age, by reason of insolvency, by application of any law etc) that may limit your capacity to contract.

2.3       Payment of Fees and Charges

Should you utilise any service or facility contained within or provided through the Site and the use of such service gives right to Us to levy a fee or charge for its provision, then you agree that the fee or charge is payable by you to Us and We have the right to seek recovery if not paid within the designated period of time. 

You grant Us the right to debit any account you may maintain with Us for any amount payable to Us at the time the fee or charge is due and payable or at any time thereafter. We have the right to require payment of any such fee or charge to be made in accordance with Our prescribed payment methods.

In the event a fee or charge is payable at the time of ordering or requesting a particular service then We reserve the right to refuse to supply such service if payment is not made or if any other amount is due and payable to Us.

We have the right to impose an Account Administration Fee in the event that there is any amount due and payable to Us which is overdue for payment. 

You further agree that, in the event that We need to take recovery action against you for an amount due and payable to Us, then we have the right to (1) seek reimbursement, including any legal expenses of any kind, for the recovery action undertaken by Us or on Our behalf, and (2) terminate your right of access and use of the Site but without limiting or precluding Our right of recovery.

2.4       Use and Misuse

You are required to use the Site, and services provided, strictly in accordance with any instructions that We provide and in the manner intended or, if no manner is expressed, then in the manner that We would be reasonably considered to have intended. Instructions may be provided to you in any manner We choose subject that the instructions could be readily discernible.

You undertake that you will not misuse or abuse any part or component of our Site in any way so as to cause any form of damage to Us or that could be likely to cause damage to Us. 

You further undertake that the manner of your use of the Site, including any related activity you undertake whether directly or indirectly involving the Site, shall not cause or be likely to cause damage to any other User or Us, disrupt or interrupt any other User or Us or interfere with or be likely to diminish the integrity and operational efficiency of the Site. 

For the purpose of this TOS, the term ‘damage’ shall have the widest possible interpretation at law and shall include, but without limitation, defamation including defamation of a corporation, harassment, “stalking”, invasion of another user’s privacy, or personal damage of any kind arising through your promotion or advocacy of bigotry, racism, hatred or hardship against any group or individual, obscenity or an infringement of another’s rights. 

You are obliged to exercise due care in your use of the Site and you acknowledge that you have a duty of care to Us and other users at all times. 

We reserve the right, at Our sole discretion, to adjust and correct any Account you have with Us, or any Account which is for your benefit, to eliminate any gain or accretion recorded in the Account that has arisen as a result of your abuse or misuse of the Site or any part of it.

2.5       No breach or infringement of Law

We have the right to assume, unless otherwise indicated by your activities or if We suspect otherwise, that you will utilise your access to the Site solely for lawful purposes in accordance with laws of the Republic, all the laws that apply to you where you normally reside, and by international convention and treaty. 

You have an obligation to ensure that your use of the Site is for lawful purposes only and it is your obligation to ensure your compliance with the Law.

2.6       Prohibition of Money Laundering

Without limiting your obligations and undertakings to access the Site and utilise its services solely for lawful purposes, you specifically and expressly agree that your access and use shall not be for the purposes of undertaking or permitting or facilitating money laundering activities. 

For the purposes of this TOS, the term ‘money laundering’ has its widest possible interpretation and includes the processing or transmission of funds which are either directly or indirectly the proceeds of crime, or which are in the relation to the financing of terrorism or are illegal for you to receive or pay within the country of your usual residence.

 

3. UNDERSTANDINGS AND AGREEMENTS

Your right to use the Site, and continue to use it in any manner, is subject to the following specific understandings and you agreeing to be bound by them at all times:

3.1       Non-Exclusive Licence

You are granted, subject to your agreement to be bound by the TOS, a non-exclusive Licence to access and use the Site. 

However, the right of access to particular sectors or segments of the Site may require you to agree to additional Terms & Conditions as a specific condition to gain that access or use.

This Licence does not grant you any proprietary rights in the Site or our Intellectual Property. Your Licence may be withdrawn by Us at any time, without the need to show cause for such denial or withdrawal. 

The Licence granted to you is non-transferable; and it does not give rise to any relationship between you and Us which is one of agency or employment.

3.2       No Right to Resell

The granting of the Licence does not permit you to resell, sub-licence, barter or otherwise trade (whether for direct or indirect financial gain, or otherwise) any content or access to the Site. 

You agree not to copy, duplicate, exploit or reproduce for commercial purposes, or in contemplation of future commercial purpose, any portion of the Service except with Our written permission to do so and then strictly in accordance with any terms and conditions that attach to Our written permission.

3.3       No “Passing Off”

You shall not engage in any activity, whether by any method of publication in any media or otherwise, that would amount to a ‘passing off’ by you as Us whereby a third party is or could be misled to believe that communications and dealings are with or from Us rather than you. 

In the event that you provide or publish, in any manner whatsoever, any information in relation to Us or the Site or any services provided by Us or the Site then you undertake to clearly identify and indicate that the provision or publication of the information is by you alone, that you are independent to Us and the content is entirely yours. 

You shall not indicate nor imply that you have been endorsed or authorised by Us to make any public pronouncement on Our behalf unless you have been expressly authorised by Us in writing to do so. 

You acknowledge that we retain the right to seek recovery of any damages (including damages arising from defamation and damages for ‘pure economic’ loss) arising from any form of ‘passing off’ conduct in which you engage. 

You further undertake to immediately cease and desist from any conduct that we consider to amount to ‘passing off’ and to withdraw from circulation any publication in any media that is contrary to this sub-clause at your expense.

3.4       No Right to Logos, Signs or Trademarks

You cannot reproduce or re-publish (except with Our written permission) any logo, sign or trademark that is Our property or use or publish any logo, sign or trademark contained within the Site that is created by Us and you acknowledge that such reproduction or publication amounts to conduct that is misleading and deceptive, or likely to mislead and deceive.

You undertake not to imply ownership or a right of use for any one or more of our logos, signs or trademarks. 

You further acknowledge that We publish and transmit our Site internationally and that our logos, signs and trademarks are to be regarded, at law, as international symbols for which We have exclusive rights. We reserve all such rights.

3.5       Non-Competition

Your use of the Site is an undertaking by you not to compete with Us either directly or indirectly. In the event that you terminate your Licence, or your Licence is terminated by Us, then you further undertake and warrant to:

(a) not to compete, either directly or indirectly, with Us for a period being not less than 12 months following the termination of the Licence; and

(b) in competing against Us, to refrain from making either directly or indirectly an application for another Licence.

3.6       Third Party Content

You acknowledge that any access to content, whether on the Site or accessed through it, provided by a third party is the sole responsibility of that third party. 

We do not accept any form of responsibility for, or liability in respect of, any content that is posted to our Site by a third party or accessed through the Site. 

You agree that We shall not be responsible or liable for any loss or damage incurred by you or others as a result of any dealings you have with a third party or by the presence of a third party on the Site.

3.7       Code of Conduct

You undertake and warrant that you will conduct yourself, and any business or commercial activities conducted by you, on the Site in a manner that is lawful, ethical and inoffensive in every regard. 

You will not utilise the Site, or any function or service provided through the Site, for any fundraising activities of any kind that are subject to regulation by a corporate regulator and contrary to such regulations.

3.8       We do not constitute or provide certain services

You acknowledge that We are not, nor do We constitute, any of the following:

    1. a Bank (or a financial institution pursuant to the Financial Institutions

Act 1999);
(2) a Money Changer;
(3) a money transmitter or a money transmission business;
(4) an investment advice consultant;
(5) a supplier of investment products;
(6) a stock market or exchange;


4. NO WARRANTY

You expressly agree and understand that:

(1)       The service provided by the Site is strictly on an ‘as is’ and ‘where is’ basis and accordingly We expressly disclaim any warranties of any kind whether expressed or implied including but not limited to warranties as to merchantability, fitness for purpose or use or that the service will meet your requirements or expectations.

(2)       We make no warranty that the service will be uninterrupted, timely, secure and error free or that any information or results will be accurate or reliable.

(3)       We make no warranty that any material downloaded or obtained in any other manner from the Site will not contain any virus or that it will not damage to or corrupt your computer or any software located on your computer and you will be solely responsible for any damage or loss that you may suffer and without recourse to Us.

(4)       Your use of the Site is solely at your risk and, without limiting the extent of your risk, you take full responsibility for any epileptic seizures or other medical consequences that may arise from the use of your computer whether symptoms have been previously detected or not.

(5)       Our disclaim of any warranties extends to and includes Our subsidiaries, related entities, officers and staff, consultants, suppliers, affiliates and agents.

 

5. LIMIT OF LIABILITY

5.1       In the event that We are determined by a Court of competent jurisdiction to be liable to you, then any liability being determined shall be limited to:

(a)             for the supply of goods:-
the repair or replacement of the goods (including goods of an equivalent nature) or the cost of such repair or replacement, or an amount equivalent to $US 100.00, whichever is the lesser; and

(b)            for the supply of services:-
the supply of the services again or the cost of having the services supplied again, or an amount equivalent to $US 100.00 whichever is the lesser.

5.2       In no event shall We or any of Our subsidiaries, related entities, officers and staff, consultants, suppliers, affiliates and agents be liable for any loss of profits or any special, incidental or consequential damages arising out of or in connection with your use of the Site or any services derived from it, nor for any actions or omissions to act by any other user.

 

6. INDEMNITIES

You undertake and warrant to indemnify and hold Us indemnified and harmless from any claims, demands, legal proceedings of any kind, losses and damages (whether actual, special and consequential) of every kind and nature (including all legal expenses of any kind), both known and unknown, made by any third party against Us or Our subsidiaries, related entities, officers and staff, consultants, suppliers, affiliates and agents, arising out of or as a consequence of your breach of this TOS or as a consequence of your violation of any law or the rights of a third party and you bind your successors accordingly.

 

7. DEFINITIONS & INTERPRETATION

7.1       In this TOS, the following words and expressions have the meaning assigned unless the context indicates otherwise:

“Account”: Any account, under whatever name, that you establish or have established with Us.

“Account
Administration Fee": Reasonable fee or charge levied by Us on you for or in relation to any overdue payment you owe to Us.

“Identification Data”: Any data, in hard or soft copy, requested and provided (whether stored by Us or not) for the purpose of determining and verifying your identity; and may include, but is not limited to, a passport, a national identity card, driver’s licence, birth certificate, utility documents, employer identification pass, or other form of acceptable identification

“Intellectual
Property”: Any copyright, design, logo, sign, symbol or trademark whether registered in any jurisdiction or unregistered to which common law rights attach.

“Licence”: The non-exclusive and non-transferable licence granted by Us to a user.

“Registration Data”: Any data requested by and provided to Us to facilitate the issue of a Licence.

“Service”: Any service available by accessing and utilising the Site.

“Site”: www.QwickPic.com and any related Internet websites or any website used in substitution.

“Terms &
Conditions”: means any Terms & Conditions that We may issue from time to time for the use of specific services offered by Us, whether through the Site or otherwise.

“TOS”: Terms of Service including any amendment, variation or replacement TOS however termed.

“Us”, “We”
& “Our”: QwickPic.com operates under license with an International Company, incorporated pursuant to the International Companies Act 1992, and its subsidiary companies (if any) and related entities.

“User”: any person who is entitled to access and use the Site and services of the Site, or any person who gains access to the Site whether such access is subject to a Licence or otherwise.

 

7.2       For the purposes of interpretation:

(a)       references to the singular include a reference to the plural and vice versa; and
(b)       references to a ‘person’ includes reference to a corporation or body corporate.


Date of Policy Release:
January 1, 2018


 


 
 
 
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