Terms of Service

OVERVIEW

This website is operated by q Data Technologies Ltd. Throughout the site, the terms “we”, “us”, “our” and “contractor” refer to q Data. q Data offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools, which are added to the current store, shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 2 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 3 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 4 - SERVICE APIS

Subject to your compliance with the terms of this Agreement and the additional conditions provided below, you may use the q Data service APIs made available to you to write, develop or host online applications, web sites, or other online services that interface with the marketplace service to access the applicable q Data publisher content (your “Applications”).

q Data may change, deprecate or republish the service APIs from time to time. It is your responsibility to ensure that calls made to the q Data service are compatible with then-current service APIs. You further acknowledge that we may change or remove features or functionality of the q Data service at any time, with or without prior notice to you.

SECTION 5 - q Data ACCOUNT

a. Account registration: To obtain publisher rights via q Data, you must agree to this Agreement and create a q Data user account (“Your Account”). Your Account user ID and password, along with any assigned keys or other credentials provided to you must be treated as confidential. q Data will not be liable for any loss resulting from the unauthorized use of Your Account password or any assigned access keys or credentials.

b. Account use: You are responsible for all activity that takes place with Your Account (including your Billing Account), including all use by your employees or other authorized agents, who must comply with all of the terms of this Agreement. You may not access anyone else’s account at any time without the express permission of the account holder.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third- party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 8 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 9 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall q Data, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 10 – DATA PROTECTION AND DATA PROCESSING

The Parties’ responsibilities regarding the data processing and data protection are defined as follows:

1. The Contractor collects/processes/uses data on behalf of the Company pursuant to section 11 German Data Protection Act. The following data shall only be collected/processed/used or accessible to Contractor for fulfilling the purposes of this agreement: most possible specific description of data.

2. The data shall be subject to strict earmarking and may not be collected by Contractor for purposes unrelated to the agreement. No copies or duplicates of the data shall be made without respective direction or knowledge of Company. Data collected for different purposes shall be strictly saved and processed separately. Data carriers provided by Company to Contractor within the scope of this agreement shall be specially marked by Contractor. Entry and exit shall be documented.

3. The Contractor shall be obligated to adhere to data confidentiality when processing person related data of the Company. It shall be obligated to follow the same confidentiality regulations that apply to Company.

4. The evaluation of admissibility of data collection/processing/using shall solely rest with Company. The Company shall have a direction right vis-a-vis the Contractor regarding deletion, blocking or correction of data. Oral directions shall be immediately confirmed in writing.

5. The Company shall make sure pursuant to section 11 para. 2 sent. 3 of the German Data Protection Act before the start of data processing and after that regularly that Contractor is in compliance with its technical and organizational measures. The result shall be documented. The Company shall be entitled for this purpose to obtain/request information und examine the saved data as well as the data processing facilities.

6. The Contractor shall back-up and secure the data pursuant to section 9 of the German Data Protection Act and the Exhibit to section 9 of the German Data Protection Act by means of the necessary technical and organizational security measures that, depending on the kind of data to be secured, are appropriate to:

7. Actions pursuant to cipher 5 and 6 shall only be necessary if their effort, considering the kind of person related data or data category that require protection, stand in an appropriate relation to the envisaged protection purpose.

8. The Contractor shall only grant access rights to its employees to the extent that is necessary and permissible within the order. The employees shall be instructed regarding the applicable data protection provisions and the requirements of this agreement as well as obligated in writing regarding the data confidentiality pursuant to section 5 German Data Protection Law. The Contractor shall fully comply with its obligations pursuant to section 11 German Data Protection Law and shall appoint a company data protection officer pursuant to the requirements of section 4f German Data Protection Act in order to ensure the data protection control as required by law.

9. The Contractor shall immediately notify the Company if a direction made by the Company breaches in its opinion the statutory provisions. It may stop the performance of such direction until the Company confirms and amends it.

10. Insofar as security measures made by Contractor shall not meet the requirements of this agreement; it shall immediately notify the Company. The same shall apply for disturbances, violations of Contractor or of its employees against data protection provisions or stipulations made in the order as well as in the event of suspect of data protection violation or irregularities in processing person related data.

11. The Contractor shall be obligated to immediately correct, block and/or delete data as directed by Company. Upon completion of the order and expiry of possible storage obligation, the Contractor shall be obligated to give back all data carriers to Company and to delete/destruct its own order related data and records completely physically. The deletion/destruction shall be confirmed with date thereof in writing to the Company.

12. The processing and using of the data shall exclusively happen in the area of the German Federal Republic, in a member state of the European Union or another member state of the Agreement on the European Economic Area. Any transfer to a third country shall require prior approval of Company and may only happen if the special requirements of sections 4b, 4c of the German Data Protection Act are met.

13. In the event that the ownership of Company should be threatened in Contractor’s sphere through actions of third parties (e.g. seizure or confiscation), insolvency proceedings or other events, the Contractor shall notify the Company immediately. The Contractor shall notify the creditors immediately regarding the fact that the data are processed by order, destruction or loss processed separately

SECTION 11 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of Berlin, Germany.

SECTION 12 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 13 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at contact@q-dx.com