Terms of Service
These Terms of Service (“Terms”) govern your access to and use of QMtek (PTY) LTD – QMware’s website, including without limitation the use of the content on QMware’s website, products and services (“Products”). Please go through these Terms in detail, and contact us if you have any questions or require any clarifications.
Can you use QMware?
You may use our Products only if you are eligible to enter into a valid agreement with QMware, and comply with these Terms and all laws that may be applicable to you. You must be at least 18 years old and not otherwise prohibited from using the Products. When you create your QMware account, you must provide us with accurate and up-to-date information. If you open an account on behalf of a business, organization or any other entity, then for the purposes of these Terms (a) “you” shall include you and the entity you are acting on behalf of, and (b) you represent and warrant that you are authorized to grant the necessary permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.
Your right to use QMware
Subject to your continued acceptance and adherence to these Terms and our policies, we hereby grant to you a limited, non-exclusive, personal, non-assignable, non-sublicensable and revocable license to access and/or use our Products. Some of our Products may include software that is downloaded to your computer, phone, tablet or other device. You agree that we may automatically upgrade these Products, and these Terms will continue to apply to such upgrades. We may provide all or parts of our Products either free-of-cost or charge a fee or a combination of the two, and reserve the right to introduce, increase, reduce or abolish any such fee for any part or all of the Products. You understand that at times our Products may not be available due to upkeep and maintenance purposes or for reasons beyond QMware’s control for which QMware shall not be bound to give you any notice. All content and information on the Products may be changed or updated without notice.
Content posted by you
QMware allows you to post content, including photos, videos, links and other information. Anything that you post or otherwise make available on our Products is referred to as user content (“User Content”). You warrant and represent that you are entitled to post the User Content as the lawful owner of the User Content or that you have been authorized by the proprietor of the User Content to post the User Content. You retain all rights in, and are solely responsible for the User Content you post to QMware and agree to ensure that it complies with these Terms, applicable laws and our policies. You agree to ensure that the User Content posted by you (a) does not infringe the rights of third parties, particularly intellectual property rights in the broad sense (e.g., copyright or trademark rights) or personality rights, and (b) is not illegal because it constitutes a criminal offence in the areas of pornography, the portrayal of violence, racism or libel, or otherwise immoral, discriminating or offending public morality (“Unlawful User Content”).
Ownership and usage of your content
You grant to QMware and its users a royalty-free, non-exclusive, freely transferable, irrevocable, perpetual, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works and distribute your User Content on QMware for the purposes of operating, developing, providing and using our Products. Nothing in these Terms shall otherwise restrict any other rights that QMware may have with respect to User Content. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
Deletion of your content
Following termination or deactivation of your account, or if you remove any User Content from QMware, we may retain your User Content for a reasonable period of time for backup, archival or audit purposes. In addition, QMware and its users may retain and continue to use, display, reproduce, share, store, modify, create derivative works and distribute any of your User Content that other users have shared or stored through QMware. You understand and agree that even if you deactivate your account or remove some User Content, it may still appear in online searches.
Feedback you provide
Your feedback is valuable to us and we are always interested in learning from you the ways we can make QMware better. If you choose to submit comments, ideas or feedback, you agree that we are free to use or reject them without any restriction, acknowledgment or compensation to you. By accepting your submission, QMware does not waive any rights to use similar or related feedback previously known to QMware, or developed by its employees or obtained from sources other than you, and you hereby allow QMware to use the same.
Removal of unlawful content
QMware does not actively monitor User Content made available by users in connection with the Products. We however reserve the right to remove or alter, at our own discretion, User Content for any reason, including for violation of these Terms, applicable laws or our policies or because we consider the User Content to be Unlawful User Content. If you wish to report alleged Unlawful User Content in connection with the Products, we ask you to go to the page you want to report and, in the bottom right of the page, click “Report this page” and follow the on-screen instructions by selecting a topic that best describes the issue. Alternatively, you may send us a notice to firstname.lastname@example.org with (a) your name and email address, (b) identification and description of the alleged Unlawful User Content with the link to the QMware page where the alleged Unlawful User Content can be found, (c) explanation and reason why the alleged User Content is Unlawful User Content, and (d) in case you claim the infringement of intellectual property rights, proof that you are the owner or lawful user of intellectual property rights which are allegedly infringed by the Unlawful User Content (e.g., excerpts of trademark registers, material protected by copyrights, etc.). Upon receipt of your notice, we will review the page and, in our sole discretion, take whatever action deemed to be appropriate, including the removal of the challenged User Content, should we consider such User Content as Unlawful User Content. If we remove Unlawful User Content, we may also notify the provider of the challenged User Content in order for such user to submit a counter notice.
Third-party links, websites and services
Our Products may contain links to third-party websites, advertisers, services, special offers or other events or activities that are not owned, sponsored, controlled or in any way affiliated to QMware. We do not endorse, recommend or assume any responsibility for any third-party websites, information, materials, products or services, and recommend that you review their terms of service before accessing or using them. You access any third-party website, service or content at your own risk and you agree that QMware will have no liability arising from your use of or access to them.
Your security is of prime importance to us. While we work to protect the security of your account and User Content, QMware cannot guarantee that unauthorized third parties will not be able to defeat our security measures. We request that you keep your password secure and that you notify us immediately if you learn of any breach or of any compromise or unauthorized use of your account.
The Products and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied.
QMWARE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
QMware takes no responsibility and assumes no liability for any User Content. User Content that you or any other user or third party posts or transmits using our Products is for general information purposes only and does not constitute any advice or opinion. QMware gives no assurance or warranty whatsoever regarding the accuracy, authenticity, timeliness or applicability of any of the User Content. You understand and agree that you may be exposed to User Content that is erroneous, offensive, unsuitable for children or otherwise unsuited to your purpose.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, QMWARE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS, INCLUDING WITHOUT LIMITATION ANY AGREEMENT ENTERED INTO BY YOURSELF BASED ON THE USE OF THE PRODUCTS, (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY AND/OR USER OF THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL QMWARE’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
QMware may without notice or cause terminate or suspend this license at any time. Upon termination, you agree to be bound by these Terms, which shall survive such termination.
You agree that these Terms and any and all rights and obligations between you and QMware in connection with the access to and use of QMware’s website Products shall be governed and construed in accordance with the substantive laws of Switzerland (excluding Swiss Private conflict of law rules and international treaties, in particular the United Nations Convention on Contracts for the International Sale of Goods dated 11 April 1980).
The Products are controlled, developed and operated in accordance with the laws of Switzerland, and we make no representations that they are suitable or available for use in other locations.
Any dispute arising out of or in connection with these Terms, including disputes on the conclusion, the binding effect, the amendment and the termination, shall be submitted to the exclusive jurisdiction of the courts of the Republic of South Africa.
Revision of Terms
QMware reserves the right to revise these Terms at any time. If we believe that a revision is material, we may notify you. We further reserve the right to determine the most appropriate manner of providing notifications to you, and you agree to receive notices electronically if we so choose. You are advised to review the Terms periodically. Your continued access or use of the Products once a revision becomes effective will mean that you accept the revised Terms and agree to be bound by them. If you do not agree to the revised Terms, please stop using the Products.
These Terms, and any rights and licenses granted hereunder, are personal to you and may not be transferred or assigned by you. Any attempted transfer or assignment shall be null and void. QMware will be entitled to freely assign these Terms, rights, obligations or licenses granted hereunder.
Failure or delay to assert any right of provision under these Terms shall not be construed as a waiver by QMware of any of its rights hereunder. A specific waiver of a term in these Terms shall not be deemed as a continuing waiver of such term or any other terms.
QMware is a worldwide service and our reference to QMware in these Terms includes QMware, QMTek (PTY) LTD and all of its worldwide subsidiaries. These Terms are a contract between you and QMtek (PTY) LTD, South Africa.