The following terms and conditions (these “Terms”) apply to the website available at www.qaike.com (the “Website”), which is owned and operated by Qaike Ltd (“Qaike”, “we”, “us”), Please read these Terms carefully as they contain important information regarding your legal rights and obligations regarding your use of the Website. By accessing and using the Website, you acknowledge that you have read and understood these Terms and agree to be legally bound by them and by the terms of the Qaike Privacy Policy which is located at www.qaike.com/privacy.html and incorporated herein by reference. If you do not agree with any of these Terms or the Privacy Policy, you are prohibited from accessing or using the Website.
Your use of the Website may involve the transmission to us of certain personal information. Our policies with respect to the collection and use of personal information are governed according to the Privacy Policy.
If you are an individual, you represent that you have reached the age of majority in the jurisdiction in which you reside, and that you are in any event at least 18 years old. If you are using the Website on behalf of a legal entity, you represent that you can agree to these Terms on behalf of such entity and all references to “you” throughout these Terms will include such entity, jointly and severally with you personally. You represent that you and/or the entity you are acting on behalf of are not listed on any government list of prohibited, embargoed or restricted parties of the United Kingdom. You may not access the Website if any applicable law, rule or regulation prohibits you from doing so.
The Website and its Content are for information purposes only. For purposes of these Terms, the term “Content” means all material or content, including designs, editorial, text, graphics, audiovisual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, formulae, patterns, data and any other work that is displayed, used, or otherwise incorporated into the Website. Neither the Website nor its Content creates a business relationship between you and us, nor does it constitute professional advice and should not be relied upon by you or any third party.
The Website and its Content are owned by us and protected by copyright, trademark, and other laws of the United Kingdom and other countries. Subject to your compliance with these Terms, we grant you a personal, non-exclusive, revocable, non-transferable and non-sublicensable license to access and use the Website and its Content for your personal, non-commercial use. Nothing contained on the Website shall be construed as conferring any other license or any right to any copyright, patent, trademark, or other proprietary interest of us or any third party. We reserve all rights not expressly granted in these Terms.
In accessing and/or using the Website, you agree that you will not: (i) remove any trademark or copyright notices on the Website or contained in its Content; (ii) reproduce, alter, publish, distribute, transmit, disseminate, transfer, license, sell, lease, create derivative works based upon, or in any way commercially exploit the Website or its Content, whether in competition with us or otherwise; (iii) use manual or automated means to trawl, mine, scrape, frame, or mirror the Website or its Content; (iv) disassemble, decompile or reverse engineer the Website or its Content; (v) attempt to hack, defeat, or overcome any security measures for the Website; (vi) interfere with or disrupt the operation of the Website; (vii) violate any applicable local, state, national or international law; (viii) post or transmit any Content that is unlawful, defamatory, abusive, harassing, threatening, obscene, fraudulent or otherwise inappropriate or infringes any intellectual property or privacy rights of any person; (ix) send unsolicited advertisements through the Website; (x) use the Website in a way that will adversely affect or reflect negatively on us or its goodwill, name, or reputation; or (xi) provide any false or misleading information or any information that you do not have the right to provide.
Links contained on the Website may lead to other websites, resources, or tools not operated or maintained by us. Any such link is not an endorsement of it or its content. We do not control or endorse such websites and is not responsible for their content, nor are we responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such websites or provided by third parties. You are solely responsible for your interactions with any such third parties.
Unless expressly stated otherwise on the Website, any information submitted by you through the Website shall be deemed non-confidential and non-proprietary. You represent that you have the lawful right to submit such information and agree that you will not submit any information unless you are legally entitled to do so. You are responsible for complying with the laws of the jurisdiction from which you are accessing the Website and you agree that you will not access or use the information provided on the Website in violation of such laws.
If you send any suggestions, improvements, ideas or other feedback to us, we have no obligation to protect or keep such feedback confidential, and you hereby grant us a perpetual, irrevocable, worldwide, royalty-free, transferable, and sublicensable license to such feedback and to all intellectual property rights therein to use, modify, develop, create derivative works based on, and otherwise exploit such feedback for any purpose whatsoever, without notice, compensation, or approval to or from you.
You agree to defend, indemnify, and hold us and its officers, directors, employees, advisors, and agents harmless from and against any claims, actions, demands, damages, or losses, including reasonable attorneys’ fees, arising or resulting from (i) your violation of these Terms or the Privacy Policy, (ii) your use of the Website or its Contents, or (iii) your violation of any third-party rights in connection with your use of the Website.
THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAY MAKE CHANGES TO THE CONTENT AT ANY TIME AND WITHOUT NOTICE BUT MAKES NO COMMITMENT TO UPDATE THE WEBSITE OR ANY OF ITS CONTENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ITS CONTENT WILL BE ACCURATE, CURRENT, UNINTERRUPTED, SECURE, ERROR-FREE, OMISSION-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. WE EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY. YOUR USE OF THE WEBSITE AND ITS CONTENT IS AT YOUR SOLE RISK. WE ARE NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE TO ANY COMPUTER RESULTING FROM ACCESS TO THE WEBSITE, OR FOR ANY ISSUES ARISING FROM THE CORRUPTION OR UNAVAILABILITY OF ANY NETWORK. UNDER NO CIRCUMSTANCES SHALL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM THE USE OF THE WEBSITE, ITS CONTENT, OR FROM THE CONDUCT OF ANY USERS OF THE WEBSITE OR OTHER THIRD PARTIES. SOME STATES DO NOT ALLOW CERTAIN DISCLAIMERS OR LIMITATIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL LIABILITY IN RESPECT OF THE INFORMATION PROVIDED ON THE WEBSITE, WHETHER UNDER A THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY OR NEGLIGENCE OR OTHERWISE, AND WHETHER IN RESPECT OF DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES, EVEN IF WE WERE ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF THE ABOVE DISCLAIMER IS UNENFORCEABLE, THEN TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY AGGREGATE AMOUNT EXCEEDING THE GREATER OF $100 USD OR THE AMOUNTS PAID BY YOU TO US IN THE PAST THREE MONTHS.
We reserve the right, in its sole discretion, to restrict, suspend, or terminate these Terms and/or your access to all or any part of the Website, at any time and for any reason without prior notice or liability. We reserve the right to alter, suspend, or discontinue all or any part of the Website at any time without prior notice or liability.
Governing Law
These Terms will be governed by the laws of the United Kingdom without regard to conflicts of laws provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods.