Last revised on 27/12/2018.
These Terms and Conditions apply to the entire contents of Qpid Dating App.
If you are a Member please note the legal entity you are entering into a contract with is:
QDOS.ME LIMITED, a private limited company incorporated in England and Wales with registered company number 07515396 whose registered office is at 1 Parliament Street, Hull, East Yorkshire, England, HU1 2AS
This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the Service. These Terms govern your use of our services and our provision of these services to you. You are advised to read these terms and conditions carefully; this will help ensure that they contain everything you require and that there is nothing within them that you are not prepared to agree to. If they contain anything that you are not willing to agree with then your only course of redress is not to use any of the services offered by any of our brands.
In addition to these Terms and Conditions, you should review our PRIVACY POLICY, which provides information on how we use your personal data.
1. DEFINITIONS AND INTERPRETATIONS
The following terms shall have the following meanings in these Terms and Conditions:
"Agreement" refers to a Member's acceptance of these Terms and Conditions.
"Member(s)" refers to any or all valid registered users of our Service, whether or not they access Paid Services (hereinafter "you", "your" or "Member").
"Member Content" refers to the information contained in the Member’s profile, created by the Member and displayed on any of our Site(s) from time to time.
"Paid Services" refers to all Services offered by the Sites accessible, at rates quoted, to Members with a valid Subscription.
"Service(s)" refers to the entirety of the services, whether paid or unpaid, available to Visitors or Members, of Qpid Dating App.
"Site(s)" refers to the internet sites of QDOS.ME LIMITED.
"Subscription" refers to a fixed rate contract giving unlimited access to our paid Services, as required, for a limited period specified for the particular subscription, which automatically renews after the purchased period where the subscription has been purchased using a bank card or any other method of payment listed on our website and allowing continuing debits to be made.
"Visitor(s)" refers to one or all the user(s) who have access to Qpid Dating App without having registered on the Sites.
The terms "us", "we" and "our" refer to all brands owned and operated by QDOS.ME LIMITED.
2. REGISTRATION
To become a Member of any of our Sites you must be at least eighteen (16) years old.
You must complete all of the fields on the registration form(s) and satisfy all the requirements for registration or access to the Services concerned.
You should not have been convicted of any offence, or subject to any court order, relating to assault, violence, sexual misconduct or harassment. You are advised that a breach of this clause constitutes a serious breach of this Agreement.
Should you wish to register someone other than yourself for our Services you must have obtained the prior consent of this third party in order for us to process their data and provide the Service to them either directly or via yourself.
3. YOUR RIGHT TO CANCEL UNDER THE CONSUMER CONTRACTS REGULATIONS 2013
This section applies to you if you are a "consumer" as defined under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
You have the right to cancel your contract for the Services within fourteen days from the date of placing your initial order for a Subscription ("Cancellation Period"), by using the CONTACT FORM. If you cancel your contract for the Services during the Cancellation Period, we shall reimburse you for all payments received from you.
All reimbursements shall be made to you within fourteen days and using the same means of payment you used for the initial transactions, unless you have expressly agreed otherwise.
Cancellation rights under this Article only apply to your initial order for a Subscription and do not apply to Subscription renewals.
In agreeing to these Terms and Conditions, you expressly request that we provide you with the Services immediately and within the fourteen-day statutory Cancellation Period.
4. USE OF THE SERVICES
Once you have registered and, where applicable, completed your Subscription form, you will have access to the Services in accordance with the type of Subscription purchased.
You will have access to the Core Dating Site, your Member profile will be visible to other Members of the Core Dating Site and you will be able to contact the Members of the Core Dating Site whose profiles are accessible, subject to the restrictions put in place by those Members.
Password(s) and any other information used to identify a Member are strictly private and confidential and must not be passed on or shared with any third parties.
To access the Services you will need a smart mobile phone. It is your responsibility to ensure that you have (and continue to have) access to one of these devices including the cost of using these devices.
When in Qup always ensure that once the Get Visible Button has been activated, the Hide button is pressed to disable your visibility when you have finished with the service.
5. YOUR SAFETY AND SECURITY
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS.
We do not have a contractual obligation, moral or ethical responsibility or the technical means to:
verify the identity of persons who register as Members or use our Services
verify or monitor Member Content (although we do reserve the right to monitor Member Content if we consider it appropriate to do so)
As a Member you are advised not to assume that any Member Content is accurate. A person may not be who he or she claims to be. You should at all times exercise the same caution you would normally when you meet people. We cannot be liable for false or misleading statements by Members.
The Company is not responsible for the conduct of any user.
As a Member you at all times remain solely responsible (and liable) for the use of your identification information by third parties or for the actions or statements made through your Member’s account, whether these be fraudulent or not.
When arranging to meet another person through use of the Services, you must take appropriate precautions and follow the safety guidelines in our SAFETY ADVICE SECTION. Any such meetings are at your own risk and are not our responsibility.
You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate off the Service or meet in person
You are responsible for the acts or omissions of any third parties who use your identification information or account, whether fraudulent or not. You agree to indemnify us against any claims of this kind. For the avoidance of all doubt, we shall not be liable if your identity is used by someone else.
If you feel or suspect that there has been a breach (of any kind) of your account and/or the information displayed on your profile then you must immediately notify us. Furthermore, you should also amend your password.
6. MEMBER OBLIGATION
As a Member you agree not to:
breach any applicable law, regulation or code of conduct through use of the Services
send any aggressive or threatening messages to any other Member either via the site or via any other form of communication
be aggressive, threatening or harmful in any way towards other Members when meeting in person
broadcast or publish in any form whatsoever Member Content, comments or any other content that infringes the rights of others or that is defamatory, injurious, obscene, offensive, violent or can/does incite violence, or is in any way, shape or form racist or xenophobic
make any comment (whether in writing or verbally) that is contrary to the purpose of any of our sites' current rules and laws in force or to acceptable norms and standards
upload photographs, videos or any other information in terms of data or files supplied by a Member that are indecent
upload photographs, videos or any other information in terms of data or files supplied that do not refer exclusively to the Member or to a third party from whom the Member has expressly obtained consent and are the sole responsibility of the Member concerned
provide email addresses to us of other persons or publish or send any Member Content referring to other persons without having obtained their prior consent
reveal through the Services any information that enables the Member to be personally identified or contacted by means other than through the Services, including last name, postal address, email address or telephone number
use the Services for junk mail, spam, or pyramid or similar or fraudulent schemes
The Company reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates this provision, including removing the offending communication from the Service and terminating or suspending the account of such violators.
7. MEMBER CONTENT
For the avoidance of all doubt, it is your responsibility to decide which information to publish or send as Member Content. Qpid Dating App or QDOS.ME LIMITED cannot be held liable for any misuse thereof by any other Member or third party.
The information supplied by a Member must be accurate and conform to reality. The consequences of disclosing information on the life of the Member or of other Members are the sole responsibility of the Member concerned.
Consequently, he/she waives all recourse against Qpid Dating App or QDOS.ME LIMITED, notably on the basis of any possible damage to the Member's right to his/her image, the Member's honour and reputation, or the Member's privacy, resulting from the dissemination or revelation of information concerning the Member under the conditions foreseen by this Agreement since the Member has given his/her prior, free and express consent to such revelation through his/her Registration with the Service and in application of this Agreement.
We reserve the right not to accept or to suspend or remove from our Services all or part of any profile, personal ad or any other Member Content for any reason we deem fit. We also reserve the right to terminate any Member account for any reason we deem fit.
We are not liable for Member Content or other activities of Members which may breach the rights of other Members or third parties.
Members are urged to notify us of inappropriate Member Content. You acknowledge that such notification may take place and that we may take steps outlined in this Agreement in respect of such information which comes to our attention.
We reserve the right to irretrievably delete messages and other Member Content after any period of time if we exercise any right of termination under this Agreement.
8. PAYMENT TERMS
If you would like to unlock access to Qup and Chat, we offer auto-renewing monthly subscription membership for £2.99 per month. If you subscribe, payment will be charged to your iTunes Account at confirmation of purchase and your Qpid subscription will automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. Your credit card will be charged for renewal through your iTunes account within 24-hours prior to the end of the current period. You can turn off an auto-renewing subscription at any time from your iTunes Account Settings but refunds will not be issued for any unused portion of the term.
9. TERMINATION
A Member may at any time and without the need to provide any reason end his/her Registration with us by requesting the closure of his/her account in the area of the Sites designated for such purposes. Such request shall be deemed effective from the first working day after receipt by us of the request for closure of the account concerned. Such a request does not trigger reimbursement of, if appropriate, any time remaining on the Member's Subscription.
Termination of a Subscription, by a Member, shall be effective on the applicable Subscription's expiration date provided the Member has contacted us at least 48 hours before their Subscription expiration date, otherwise it will automatically renew.
This Article does not apply to reimbursement when cancelling an initial order under Article 3.
Without prejudice to the other provisions hereof, where the Member commits a serious breach of this Agreement, we will terminate the Member's account without prior notification or warning. Such termination shall have the same effects as a termination by the Member.
Without prejudice to the other provisions hereof, where the Member commits a breach of this Agreement, we will terminate the Member's account seven (7) days after having sent to the Member an email requesting unsuccessfully that he or she comply with this Agreement.
Without prejudice to the other provisions hereof, where we receive reports of a breach of this Agreement, including unacceptable conduct when meeting offline, in person, we may react to such reports and terminate a Member's account with immediate effect.
Such termination shall take effect without prejudice to any damages that we might claim from the Member or his/her beneficiaries and legal representatives, in compensation of the harm suffered as a result of such breaches.
The Member will be informed by email of the termination, or the confirmation of the termination, of his/her account. Data relating to the Member will be destroyed at his/her request or upon expiration of the legal time period following the termination of the Member's account.
As noted in herein, Members can also subscribe to mobile phone applications. Mobile phone applications can be provided by other service providers and therefore may be subject to other termination requirements and provisions. Members are urged to consult their mobile phone application for full details.
10. PERSONAL PRIVACY AND PROTECTION OF MEMBER DATA
We uphold the strictest of standards with respect to protection of privacy and of personal information. Please see our PRIVACY POLICY, for full details on how we store and use the information you provide to us.
11. INTELLECTUAL PROPERTY
The trademarks (including but not limited to those of the Sites), logos, graphics, photographs, animations, videos and texts featured on the Sites and in our provision of the Services are the intellectual property of QDOS.ME LIMITED or their partners and may not be reproduced, under threat of legal action.
The rights of use granted by ourselves to the Member are strictly limited to accessing via Smartphone, the use of which is for private and personal purposes in the scope of, and for the duration of, the Member's membership. Any other use by the Member is prohibited without the express authorisation of QDOS.ME LIMITED.
12. LIABILITIES AND WARRANTIES
You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself. If you do not, we shall have no liability to you for that matter.
We shall not be liable for any damage to a Member caused or contributed to by that Member, for example by not complying with this Agreement.
Our liability of any kind (including our own negligence) with respect to the Services for any one event or series of related events is limited to five times the total fees payable by you in the twelve months before the event(s) complained of or the sum of £1,000, whichever is higher.
Subject to the foregoing, in no event (including our own negligence) will we be liable for any:
economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings)
loss of goodwill or reputation
special, indirect or consequential losses
damage to or loss of data (even if we have been advised of the possibility of such losses)
13. INDEMNITY
You agree to indemnify us (including our directors, officers, employees, subcontractors, agents and affiliated companies) against all third party claims and liabilities related to your breach of this Agreement and/or to your use of the Services.
14. FUNCTIONING OF THE SITES AND SERVICES
The service is only available for mobile phone applications and are only available to our Members in possession of a smartphone handset; and internet access is required.
Under these conditions, we do not guarantee that the Services shall function without interruption or error. In particular, the use of our Sites may be interrupted at any time for the purposes of maintenance, updates or technical improvements, or to develop its content and/or presentation. Whenever possible, we shall inform Members prior to maintenance work or updates.
15. THIRD PARTY WEBSITES
We or third parties may provide links on our Sites to third party websites. You use them at your own risk. We do not review, recommend or endorse such third party websites, nor are we responsible for their content or any goods or services offered thereon. If in the course of performing a search on our Sites you encounter any third party website the use of which would violate applicable law, you must immediately refrain from and/or cease use of such website.
16. DISCLAIMERS
1.You acknowledge and agree that neither the Company nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content posted in the Service, whether caused by users or any of the equipment or programming associated with or utilized in the Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content or communications; (iii) the conduct, whether online or offline, of any user; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or user communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person’s computer or device related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE.
17. ENTIRE AGREEMENT
This Agreement and the pages on the Sites to which these terms refer, constitute a contract that governs the relationship between the Member and QDOS.ME LIMITED. They cancel and replace any Agreement that may have been made in the past, even if not directly withdrawn or amended, and constitute the entirety of the rights and obligations of our Members.
If any of the provisions of these Terms and Conditions is declared void in application of a law, a regulation, or a final decision of a court having proper jurisdiction, all other provisions shall remain fully in effect. Furthermore, failure by a party to take action in respect of the breach by the other party of any provisions of these Terms and Conditions, shall not be interpreted as constituting a waiver by said first party of the right to take action in future in respect of such a breach.
18. AMENDMENTS
We may modify these Terms and Conditions at any time. The Member will be informed of the nature of these modifications as soon as they are posted on the Sites. The modifications shall take effect one month after their posting on the Sites. For Members registered after any modifications have been put online, these modifications shall be immediately applicable, as the Member will have expressly accepted them when the account was opened.
19. JURISDICTION AND APPLICABLE LAW
This Agreement shall be governed by the law of England and Wales.
For any questions, you wish to ask, you may contact us by completing the CONTACT FORM.