Terms of Service

Parties

  1. QMINDER LIMITED, a company incorporated in England (registration number 07858892) having its registered office at 20-22 Wenlock Road, London N1 7GU, England, United Kingdom (the "Provider"); and
  2. A company who’s representative sign’s up at www.qminder.com (the "Customer").

Background

Provider offers the Software as a Service waiting line management system in good faith to everyone, who sign’s up at www.qminder.com.

Agreement

  1. Definitions and interpretation
    1. In this Agreement

      "Customer Materials" all works and materials:

      1. uploaded to, stored on, processed using or transmitted via the Platform by or on behalf of the Customer or by any person or application or automated system using the Customer's account; and
      2. otherwise provided by the Customer to the Provider in connection with this Agreement;

      "Defect" means a defect, error or bug having a materially adverse effect on the appearance, operation or functionality of the Platform, but excluding any defect, error or bug caused by or arising as a result of:

      1. an act or omission of the Customer, or an act or omission of one of the Customer's employees, officers, agents, suppliers or sub-contractors; or
      2. an incompatibility between the Platform and any other system, application, program or software not specified.

      "Documentation" means the documentation produced by the Provider and made available on the Platform to the Customer specifying how the Platform should be used.

      "Personal Data" has the meaning given to it in the Data Protection Act 1998.

      "Platform" means the software platform known as Qminder that is owned and operated by the Provider, and that will be made available to the Client as a service via the Internet under this Agreement.

      "Term" means the term of this Agreement.

      "Upgrades" means new versions of, and updates to, the Platform, whether for the purpose of fixing an error, bug or other issue in the Platform or enhancing the functionality of the Platform.

      "Location" means the one physical location or a part of a larger venue.

  2. Term
    1. This Agreement commences on the date of the sign-up, electronic via online acceptance or otherwise, and shall remain in effect for indefinitely until made clear otherwise by the Customer (the "Term").
    2. This Agreement automatically renews for successive monthly period (the "Renewals"), unless either party notifies the other party in writing, at least one (1) day before the end of the Term or any Renewals, of its election not to renew.
  3. The Platform
    1. The Provider will make available the Platform to the Customer as soon as practicable following the Effective Date.
    2. Subject to the limitations set out in Clause 3.3 the Provider hereby grants to the Customer a non-exclusive licence to use the Platform for the any reasonable Purpose via any standard web browser or supported hardware in accordance with the Documentation during the Term.
    3. The Customer must not use the Platform:
      1. in any way that is unlawful, illegal, fraudulent or harmful; or
      2. in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
  4. Support Services and Upgrades
    1. The Provider offers as much Support and Upgrades in good faith, as they see reasonable without any warrant response times or deadlines.
    2. The Provider may sub-contract the provision of any of the Support Services without obtaining the consent of the Customer.
    3. The Provider guarantees answer to the Customer’s questions within 34 hours from received time about issues in the system.
    4. The Customer can reach the Provider for support questions using email support@qminder.com.
  5. Charges
    1. The Provider offers the Platform for The Customer for fixed price per month; per Location.
    2. The invoice will upfront and for the same length as the Customer’s contract with the user.
    3. The Customer will pay by credit-card form on www.qminder.com.
    4. All additional fees such as currency conversion and bank fees will be covered by the Customer.
    5. All custom development and projects shall be considered individually, needed to be confirmed with a signed agreement or a proposal and the charges will be based on the hourly prices set by The Provider at that time. Including the following:
      1. features requested by the Customer
      2. platforms to be supported;
      3. design and support materials;
      4. trainings and Support.
  6. Warranties
    1. The Customer warrants to the Provider that it has the legal right and authority to enter into and perform its obligations under this Agreement.
    2. The Provider warrants to the Customer:
      1. that it has the legal right and authority to enter into and perform its obligations under this Agreement;
      2. that it will perform its obligations under this Agreement with reasonable care and skill;
      3. that the Platform will perform as it is (subject to any Upgrades);
      4. that the Platform will be hosted by the Provider, and will be available to the Customer in accordance without any uptime commitments;
      5. the Platform (excluding for the avoidance of doubt the Customer Materials) will not infringe any person's Intellectual Property Rights in United Kingdom jurisdiction and under any applicable law;
      6. the Platform is and will remain free from viruses and other malicious software programs and uses HTTPS secure connection.
    3. The Customer acknowledges that:
      1. complex software is never wholly free from defects, errors and bugs, and the Provider gives no warranty or representation that the Platform will be wholly free from such defects, errors and bugs;
      2. the Provider does not warrant or represent that the Platform will be compatible with any application, program or software not specifically identified as compatible;
      3. the Provider will not and does not purport to provide any legal, taxation or accountancy advice under this Agreement or in relation to the Platform and (except to the extent expressly provided otherwise) the Provider does not warrant or represent that the Platform will not give rise to any civil or criminal legal liability on the part of the Customer or any other person.
  7. Confidentiality
    1. The Provider will:
      1. keep confidential and not disclose the Customer Confidential Information to any third party;
      2. protect the Customer Confidential Information against unauthorised disclosure by using the same degree of care as it takes to preserve and safeguard its own confidential information of a similar nature, being at least a reasonable degree of care; and
  8. Termination
    1. Either party may terminate this Agreement by giving a written one (1) day notice to the other party if the other party:
      1. commits any material breach of any term of this Agreement, and:
        1. the breach is not remediable; or
        2. the breach is remediable, but the other party fails to remedy the breach within 30 days of receipt of a written notice requiring it to do so;
      2. persistently breaches the terms of this Agreement (irrespective of whether such breaches collectively constitute a material breach).

The parties have indicated their acceptance of this Agreement by continuing to use the system at www.qminder.com.

Privacy Policy

Business privacy policy

This privacy policy sets out how Qminder Ltd. (“Qminder”) uses and protects any information that you give Qminder when you use this service.

Qminder is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this service, and then you can be assured that it will only be used in accordance with this privacy statement.

Qminder may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 28.11.2013.

What we collect

We may collect the following information:

  • name and surname;
  • contact information including email address, country.

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

  • Internal record keeping.
  • We may use the information to improve our products and services.
  • We may periodically send promotional emails about new features or other information which we think you may find interesting using the email address which you have provided.
  • From time to time, we may also use your information to contact you for market research purposes. We may contact you by email. We may use the information to customize the service according to your interests.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyze service traffic or lets you know when you visit a particular site. Cookies allow applications to respond to you as an individual. The application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyze data about service traffic and improve our service in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better service, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the service.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

  • if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by emailing us at info@qminderapp.com

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information which we hold about you under the Data Protection Act 1998. If you would like a copy of the information held on you please write to support@qminderapp.com.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

Contact

If an Individual has any questions about this Privacy Policy or the collection, use, disclosure, or retention of the Individual's personal information by Qminder or its service providers, please contact Qminder as follows:

Qminder Limited
20-22 Wenlock Road
London N1 7GU
United Kingdom

Registration number: 07858892
Phone: +442081449555
Email: info@qminderapp.com