TERMS OF USE

TERMS OF USE

These are Omgfin Global s.r.o, referred to as "Uquid", "we" or "us" in this document, Terms of use. Uquid is a company incorporated under the laws of EU, with registered address at Chudenická 1059/30, Hostivař, 102 00 Praha 10, Czech Republic. These Terms allow you to access and use of our website, telegram bot at @uquidbot, our online services, our Android and iOS mobile apps and other related services utilizing some or all of the above referred to in these Terms, collectively, as our "Services."

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

What's in these terms?

By using our site you accept these terms

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our site:

·       Our Privacy Notice, which sets out how we may use your personal data.

·       Our Cookie Policy, which sets out information about the cookies on our site.

If you purchase goods from our site, our Terms and Conditions of sale will apply to the sales.

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

We may make changes to our site

We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities.

We may suspend or withdraw our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that anyone who accesses our site through your internet connection and/or devices are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organization. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

Our sites are directed to people residing in Europe/USA/Singapore . We do not represent that content available on or through our sites is appropriate for use or available in other locations.

You must keep your account details safe

If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your username or password, you must promptly notify us.

How you may use material on our site

We are the owner or the license of all intellectual property rights in our sites, and in the material published on them.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Save as provided in this section, you are not permitted to use our trademarks and/or any other intellectual property rights without our approval.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our sites must always be acknowledged.

You must not use any part of the content on our sites for commercial purposes without obtaining a license to do so from us and our licensors.

If you print off, copy, download or use any part of our sites in breach of these terms of use, your right to use our sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information on this site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our sites is accurate, complete or up to date.

We are not responsible for websites we link to

This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Uquid’s control, and Uquid is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

We have no control over the contents of those sites or resources.

User-generated content is not approved by us

Our site may include information and materials posted and/or uploaded by other users of the site (for example, comments on any content, articles and/or blogs on our sites). This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

How to complain about content uploaded by other users

If you wish to complain about content uploaded by other users, please contact us at uquid.freshdesk.com.

Our responsibility for loss or damage suffered by you

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and Conditions of sale.

Please note that we only provide our sites for domestic and private use. You agree not to use our sites for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity or any indirect, consequential or special loss and/or damage.

If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

How we may use your personal data

We will only use your personal data as set out in our Privacy Notice.

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must ensure that your contribution (a) is not defamatory or discriminatory of any person; (b) is not obscene, offensive, hateful or inflammatory; (c) does not bully, insult, intimidate or humiliate any person; (d) does not promote any illegal activity; (e) is not provided in breach of any legal duty owed to a third party (such as a contractual duty or a duty of confidence); and (f) does not infringe any intellectual property rights of any other person.

You warrant that any such contribution complies with these standards, and you will be responsible to us for any loss or damage we suffer as a result of your breach of warranty.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with these standards.

Any content you upload to our site will be considered non-confidential and non-proprietary and you grant to us a worldwide, perpetual, royalty free, transferable license to use, reproduce, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

You are solely responsible for securing and backing up your content.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site are stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Disclaimers

UQUID DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. UQUID CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. UQUID DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UQUID DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY UQUID SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST UQUID FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Uquid reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will Uquid be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Uquid has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Uquid is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Uquid’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Uquid or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold Apple, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Uquid by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

Uquid may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Uquid’s rights or property, or the rights or property of visitors to or users of the Site, including Uquid’s customers. Uquid reserves the right at all times to disclose any information that Uquid deems necessary to comply with any applicable law, regulation, legal process or governmental request. Uquid also may disclose your information when Uquid determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Uquid may preserve any transmittal or communication by you with Uquid through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Uquid determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Uquid, its employees, users of or visitors to the Site, and the public.

You agree that Uquid may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Uquid, for which monetary damages would be inadequate, and you consent to Uquid obtaining any injunctive or equitable relief that Apple deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Uquid may have at law or in equity.

You agree that Uquid may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Uquid does take any legal action against you as a result of your violation of these Terms of Use, Uquid will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Apple. You agree that Apple will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Which country's laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation are governed by English law. However, if you are habitually resident in a country other than England, the

mandatory provisions applicable in that country which cannot be deviated from by contractual agreement remain unaffected. You and we both agree that the English courts will have exclusive jurisdiction, except that if you are habitually resident in a country other than England you can bring legal proceedings either in the competent courts of that country or in the English courts.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the English courts.