Terms of Service

 

These Terms of Service apply to your visit to and your use of our website or our applications (collectively, our “Service”), whether as a guest or a registered user. Please read these Terms of Service carefully before you start to use our Service. By accessing or using our Service, you agree be bound by these Terms of Service. If you do not agree to these Terms of Service, please do not access or use our Service.

 

1. INFORMATION ABOUT US

 

pqCode Ltd (“pqCode”, “we”, “us” or “our”) is incorporated and registered in England and Wales with company number 10873449, whose registered office is at South Staffs Freight Building Lynn Lane, Shenstone, Lichfield, Staffordshire, England, WS14 0ED, United Kingdom.

 

2. PURPOSE

 

pqCode provides customers with a personal QR code that can be used with participating retailers’ (“Participating Retailers”) EPOS systems to apply loyalty cards (where appropriate) ("Loyalty") and generate electronic receipts (“Receipts”) for purchases.

 

3. FEES

 

Our Service is provided by pqCode to you free of charge. pqCode reserves the right to introduce a fee for the provision of our Service at some future date for some or all functionality. If pqCode decides to introduce such a fee, it will inform you accordingly and allow you to either continue or terminate your access to our Service at your option.

 

4. YOUR USE OF OUR SERVICE

 

Unless otherwise agreed by pqCode in a separate written agreement with you, our Service is made available solely for your personal, non-commercial use. Access to our Service is permitted on a temporary basis, and we reserve the right to withdraw or amend access to our Service without notice. We will not be liable if, for any reason, our Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Service, or our entire Service to users who have registered with us. You are responsible for all activity that occurs under your account. If you have any concerns about your login details or think they have been misused, you should contact support@pqode.co.uk straight away to let us know. We reserve the right to deactivate your account at any time. We are the owner of or the licensee of all intellectual property rights in our Service, and in the material published on it (excluding your User Content). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our Service in any way except for your own personal, non-commercial use. You may use our Service only for lawful purposes. You will not, in your use of our Service, cause nuisance, annoyance or inconvenience, whether to a Participating Retailer or any other party. You also agree not to: (i) access without authority, interfere with, damage or disrupt any part of our Service or any network or equipment used in the provision of our Service; (ii) decompile, reverse engineer or disassemble our Service; and (iii) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of our Service or unduly burdening or hindering the operation and/or functionality of any aspect of our Service.

 

5. USER PROVIDED CONTENT

 

These content standards apply to any and all material which you contribute to our Service (“User Content”), and to any interactive services associated with it. Any User Content provided by you remains your property. However, by providing User Content to pqCode, you grant us a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, distribute, sell, transfer, publicly display, publicly perform, and otherwise exploit in any manner such User Content for any purpose related to our business. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant pqCode the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor pqCode’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, fraudulent, false, misleading (directly or by omission or failure to update information), deceptive, obscene, pornographic, unlawful, or otherwise offensive, as determined by pqCode is its sole discretion, whether or not such material may be protected by law. pqCode may, but shall not be obligated to, review, monitor, or remove User Content, at pqCode’s sole discretion and at any time for any reason, without notice to you.

 

6. USER-GENERATED CONTENT

 

These content standards apply to any and all material generated by a Participating Retailer for you in response to or consequential on your use of the Service (“Generated Content”). Such Generated Content remains your property. However, by providing Generated Content to pqCode, you grant us a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify and otherwise exploit in any manner such User Content for any purpose related to our business, save that pqCode will not sell, transfer, publicly display, publicly perform, and other exploit in any manner such Generated Content with any third party for profit other than where such data is used reasonably for the purposes of demonstrating the Service to any third party. pqCode may, but shall not be obligated to, review, monitor, or remove Generated Content, at pqCode’s sole discretion and at any time for any reason, without notice to you.

7. PRIVACY

 

You agree that our Privacy Policy (as may be updated from time to time) governs our collection and use of your personal information. Please read our Privacy Policy for more information.

 

8. LINKS

 

Where our Service contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

 

9. SUSPENSION AND TERMINATION

pqCode may terminate these Terms of Service or our Service with respect to you, or generally cease offering or deny access to our Service or any portion thereof, at any time for any reason. pqCode will provide you with as much notice as it reasonably can of such termination, cessation or denial, being at least 24 hours’ notice. However, pqCode reserves the right to terminate these Terms of Service or our Service with respect to you, or generally cease offering or deny access to our Service or any portion thereof, immediately at any time without notice if (i) you are in breach of these Terms of Service, (ii) it is impractical to give such notice in the circumstances, or (iii) in pqCode’s opinion, any delay in such termination would expose pqCode or a third party to significant risk of harm or damage. Failure to comply with our Terms of Service may also result in our taking any or all of the following actions: (i) issuing of a warning to you; (ii) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; or (iii) disclosure of such information to law enforcement authorities as we reasonably feel is necessary. The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.

 

10. LIMITATION OF LIABILITY

 

We provide our Service and content on an “as-is” and “as available” basis and we make no representation or warranty of any kind, express or implied, regarding the content, reliability, timeliness, quality, suitability or availability of our Service, or that it will be uninterrupted or error-free or that defects will be corrected. pqCode will not be responsible for any errors or omissions in relation to content on our Service, or for any technical problems you may experience with our Service. pqCode makes no warranty regarding the quality, accuracy or reliability of Receipts from any Participating Retailer. Neither pqCode nor any Participating Retailer shall have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or reliance on our Service or your inability to access or use our Service. We shall not be liable for any damages, liability or losses which you or any third party may incur in connection with our Service, and any website linked to our Service and any materials posted on it. In the event that pqCode or the Participating Retailer is found to be liable to you our total aggregate liability is limited to the purchase price reflected by any Payments or attempted Payments in relation to the relevant transaction(s). Nothing in these Terms of Service excludes or limits in any way pqCode’s or any Participating Retailer’s liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or for any matter which cannot be excluded or limited under applicable law.

 

11. INDEMNITY

 

You agree to indemnify and hold pqCode and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including legal fees) arising out of or in connection with: (i) your use of our Service; (ii) your breach or violation of any of the terms; (ii) pqCode’s use of your User Content; or (iv) your violation of the rights of any third party.

 

12. WAIVER

 

No waiver by pqCode of any breach by you of these terms shall be considered as a waiver of any subsequent breach. A waiver of any term shall be effective only if given in writing and signed by pqCode.

 

13. SEVERABILITY

 

If any provision of this agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.

 

14. ENTIRE AGREEMENT

 

These terms contain the whole agreement between the parties relating to its subject matter and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter.

 

15. VARIATIONS

 

pqCode may revise these terms of use at any time by updating this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.

 

16. LAW AND JURISDICTION

 

The English courts will have exclusive jurisdiction over any claim arising from, or related to, any use of our Service. These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.

 

17. CONTACT

 

If you have any questions about these Terms of Service, please email us support@pqcode.co.uk