Terms of Service

Mr. Qoo

(Last updated: 2018-01-22)

Thank You for using QooApp! By using our services (“Services” or “our Services”), you enter into these Terms of Service (“Terms”) with us, therefore please review them carefully.

We provide a wide variety of Services, so there are certain additional terms and requirements that may be applicable to your use of all of our Services. These additional terms of service all form part of and are incorporated into these Terms.

In the event that there is any difference between the English version and the Chinese version of these Terms, the Chinese version will apply.

Users’ Account

Users may need to create a QooApp account in order to access and use our Platform. Users can create a new QooApp account or generate one through social login, such as Facebook and Google. An account generated by social login may subject to other Terms and additional terms.

To safeguard account details, users should refrain from leaking their password. They are responsible for all use of our Services under your account. Users are also advised to use a password that is different from your accounts in other applications. In case of users’ QooApp password or account being compromised, they should change their password immediately.

We can terminate or delete users’ account without prior notice if we find out or suspect that there has been a breach of Terms.  

 

Contents Provided by QooApp

The Platform grants users the non-transferable, non-re-licensable, non-exclusive license to use the contents provided by us.

Users shall abide by the appropriate conditions when using contents which are subject to additional fees and periods of use. Notwithstanding situations where phrases such as “Purchase”, “Sales” and the like appear on the Platform, we shall remain the holder of all intellectual property rights as well as all other rights in the contents offered to users by the Platform, and such rights shall not be transferred to users.

Users shall not use the contents beyond the scope of the intended use of the contents in the Services (including but not limited to copying, transmission, reproduction, modification).

Contents or other services offered by other business partners cooperating with the Platform may be included within the Services. The business partners bear all responsibility regarding such contents and/or services offered. Furthermore, such contents and services may be governed by the explicit terms and conditions etc., which are set accordingly by the business partners.

 

Users’ Contents on QooApp

Users need to back-up their submitted contents themselves. The platform does not undertake the obligation of backing up any of the submitted contents. Our Services may include functions where multiple users may post, correct, edit, and delete items. In such cases, users who posted their contents have to allow other users to perform any editing in relation to the submitted contents.
Users shall maintain the rights regarding their submitted contents just as before, and the Platform shall not acquire any rights to such contents. However, if the submitted contents are visible, not just to the user’s “friends” but to all the other users, the users who post these contents shall grant the Platform a worldwide, non-exclusive, royalty-free license (with the right to sublicense such content to other third parties working together with us), for an indefinite period, to use (after modifying such content, if the Platform believes it necessary and proper) such content for services and/or promotional purposes.
The Platform may check the details of the submitted contents, when we believe that the contents may violate related laws or provisions set out in the Terms. However, we are not obligated to conduct such investigations.

Users can enjoy freedom to a certain extent on our Platform. It is, however, strictly prohibited to perform the activities listed below. Users’ accounts will be terminated or deleted if they are subject to any of the below.

1. Activities that violate the law, court verdicts, resolutions or orders, or administrative measures that are legally binding.
2. Activities that may hinder public order or customs.

3. Activities that infringe our and/or a third party’s intellectual property rights, such as copyrights, trademarks and patents, fame, privacy, and all other rights granted by the law or contract.

4. Activities that post or transmit violent or sexual expressions; expressions that lead to discrimination by race, national origin, creed, sex, social status, family origin, etc.; expressions that induce or encourage suicide, self-injury behavior, or drug abuse; or anti-social expressions that include anti-social content and lead to the discomfort of others.

5. Activities that lead to the misrepresentation of us and/or a third party, or intentionally spread false information.

6. Activities such as sending messages indiscriminately to numerous users (except for those approved users), indiscriminately adding users as friends or to group chats, or any other activities deemed to be spamming by us.

7. Activities that exchange the right to use our Services into cash, property or other economic benefits without our authorization.

8. Activities that use our Services for sales, marketing, advertisement, soliciting or other commercial purposes (except for those approved users); use our Services for the purpose of sexual conduct or obscene acts; use our Services for the purpose of meeting a person for sexual encounters; use our Services for the purpose of harassments or libelous attacks against other users; or use our Services for purposes other than the Services’ true intent.

9. Activities that benefit or collaborate with organized crime.

10. Activities that persuade anyone or entice people into participating in religious activities or joining in any religious group.

11. Activities that illegally or improperly lead to the collection, disclosure, or provision of other’s personal information, registered information, user history, or the like.
12. Activities that interfere with the servers and/or network systems of the Services; that abuse the Services by means of BOTs, cheat tools, or other technical measures; that deliberately use defects of the Services; that make unreasonable inquires and/or undue claims such as repeatedly asking the same question beyond the necessity, and that interfere with our operation of the Services or users’ use of the Services.
13. Activities that aid or encourage any activity stated in clauses 1 to 12 above.

14. Other activities that we deem inappropriate.

 

Right to Privacy

We value your privacy. The collection and use of our users’ private information are carried out in accordance with our Privacy Policy (the “Privacy Policy”).

We will handle the collected information reasonably and take strict measures for safety management.

Please read QooApp Privacy Policy for more details.

 

Terms of Sales

iQ Credits (the “Credits”) will be provided to users by the means specified by the Platform, such as redemption of gift cards, special offers, and the like. Details regarding the payment methods, units, and all other conditions regarding the Credits will be decided by us and displayed accordingly within our Services.
Credit cannot be exchanged or used for any other purposes other than the ones offered by the Services. The number of Credits required for receiving the offered services, contents, and the like will be decided by the Platform and displayed accordingly within the Services. Once users initiate the process of exchanging the credits for contents or services, refunding and cancellation may or may not be available according to applicable laws.
The Platform reserves the right to modify or cease, at our own discretion, the whole or part of the Service at anytime without any prior notice to the Users.
Once Credits are added to users’ accounts, they are non-refundable in any means, including cash, prepaid card, etc. – unless the Platform terminates the said accounts or explicitly agree, or required by any applicable laws. Credits cannot be exchanged among users or different accounts on the Platform. We reserve the right to carry out any appropriate measures in case of violation.

Users’ Responsibility

Users shall use our Services at their own risk, and shall bear all responsibility for actions carried out and their results upon the Services. We may take measures that we consider necessary and appropriate if we acknowledge that a user is using the Services in a way which violates these Terms. However, we shall not be responsible for correcting or preventing such violation towards users or others.

Disclaimer of Exemption of Liability

In the case where we have suffered loss/damage or have been charged an expense (including but not limited to lawyer’s fees) directly or indirectly (including but not limited to cases where we have been sued for damages by a third party) due to a user violating applicable laws or the Terms while using our Services, the user shall immediately compensate us upon our request.

We provide our Services using a commercially reasonable level of skill and care, but there are certain things that we do not promise about our Services. We do not guarantee, in any explicit or implied way, that the Services (including these Terms) do not have factual defects or legal defects (including safety, reliability, accuracy, completeness, validity, fitness for specific purpose, safety-related fault, error or program mistake, infringement). We shall not be obligated to correct such defects before providing the Services, and shall assume no responsibility for any damage incurred to the users due to the Services.

 

About These Terms

 

We may modify the Terms and separate terms whenever we deem necessary, without providing prior notice to the users. All changes regarding these Terms and separate terms will be effective immediately upon being posted on an appropriate location within the website operated by us. Users shall be deemed to have granted valid and irrevocable consent to the modified Terms and separate terms by continuing to use the Services.

We will not notify users of modified Terms individually, and hence users must review these Terms regularly for updates and the separate terms when using our Platform. Changes in Terms will apply retroactively unless we post notice of terminating those Terms. If you do not agree to the modified Terms for our Services, you should discontinue your use of our Services.

 

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