The Vqaa Website, http://Vqaa.com/, is an online information service with cloud-based software, provided by Vqaa, and is subject to the terms and conditions set forth below.
BEFORE ACCESSING OR USING THE SERVICES OFFERED ON Vqaa.com, PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS WEBSITE TERMS OF SERVICE AGREEMENT. THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE SITE AND ANY PROGRAMS, SERVICES, TOOLS, SOFTWARE, MATERIALS, OR OTHER INFORMATION AVAILABLE THROUGH THE SITE OR USED IN CONNECTION THEREWITH (collectively, “the Site”). Vqaa IS WILLING TO LICENSE AND ALLOW THE USE OF THIS SITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED THEREIN. BY USING THE SITE, YOU THEREFORE AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE SITE AND ARE INSTRUCTED TO EXIT THE SITE IMMEDIATELY.
Vqaa RESERVES THE RIGHT TO MODIFY THIS AGREEMENT AT ANY TIME, WITHOUT NOTICE TO THE USER, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED TERMS AND CONDITIONS ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.IF YOU HAVE A REGISTERED ACCOUNT WITH US, WE WILL NOTIFY YOU ON THE UPCOMING MATERIAL CHANGES TO THE TERMS USING THE EMAIL ADDRESS WE HAVE ON RECORD. IF YOU DO NOT AGREE WITH THE UPCOMING CHANGES TO THE TERMS, YOU CAN TERMINATE YOUR ACCOUNT PRIOR TO THESE CHANGES BECOMING EFFECTIVE. IF YOU DO NOT TERMINATE YOUR ACCOUNT PRIOR TO THE CHANGES BECOMING EFFECTIVE, IT WILL BE CONSIDERED AS YOUR ACCEPTANCE OF THE CHANGED TERMS. Revised versions of the Terms and Conditions shall be indicated by the date posted at the top of the Website Terms of Service page (i.e., “Updated [Date]”).
- PROPRIETARY RIGHTS. All intellectual property of or relating to the Site, including but not limited to content, information, patents, trademarks, copyrights, modules, techniques, know-how, computer code (including html code), algorithms, methods of doing business, user interfaces, graphic design, look and feel, and software; and all developments, derivatives, and improvements thereto, whether registered or not (collectively, “Intellectual Property”), unless otherwise indicated, are owned, controlled and licensed in their entirety by Vqaa, its affiliates, its successors and assigns, and/or by third parties who have granted Vqaa license to use such Intellectual Property. Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service-marks of Vqaa or their respective owners and are protected by law. Except as expressly provided herein, Vqaa does not grant any express or implied right to You or any other person under any intellectual or proprietary rights. Any downloadable or printable software, programs, information or materials available through the Site and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by Vqaa or third party licensors. The website name, Vqaa, its logo, and all other names, logos and icons identifying the Vqaa website and its services are proprietary trademarks of Vqaa, and any use of such marks, such as domain names, without the express written permission of Vqaa is strictly prohibited.
- LICENSE RESTRICTIONS. The foregoing license is limited. YOU MAY NOT MODIFY, COPY, STORE, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, LICENSE, SUBLICENSE, DISPLAY, RENT, LEASE, SELL, COMMERCIALLY EXPLOIT, OR DISTRIBUTE, IN ANY MANNER, ANY DATA, INTELLECTUAL PROPERTY OR MATERIAL PROVIDED BY Vqaa THROUGH THE SITE, IN ANY MANNER NOT EXPRESSLY PERMITTED BY THESE TERMS OF SERVICE. THE ABOVE RESTRICTION INCLUDES, BUT IS NOT LIMITED TO TEXT, GRAPHICS, CODE AND/OR SOFTWARE. In addition, you may not modify, translate, decompile, create any derivative work(s) of, disassemble, broadcast, publish, remove or alter any proprietary notices or labels, grant a security interest in, or otherwise use the Site in any manner not expressly permitted herein. Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, OR (ii) attempt to gain unauthorized access to any portion or feature of the Site, including, without limitation, the account of any other Authorized User(s), any other systems or networks connected to the Site or its servers, to any of the services offered on or through the Site, by hacking, password “mining”, or any other illegitimate or prohibited means, OR (iii) probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site, OR (iv) reverse look-up, trace, or seek to trace any information on any other Authorized User of or visitor to the Vqaa Site, OR (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, the system, networks, or any systems or networks connected thereto, OR (vi) use any device, software, or routine to interfere with the proper working of the Site or transaction conducted on the Site, or with any other person’s use of the Site, OR (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Vqaa on or through the Site, OR (viii) use the Site to collect e-mail addresses or other contact or personal information, OR (ix) market, co-brand, private label, appropriate, use the Vqaa name, or a name similar thereto on a different domain, separately distribute, resell, or otherwise permit third parties to access and use the Site, in whole or in part, without the express, separate and prior written permission of Vqaa, OR (x) transmit content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to third parties, OR (xi) use the Site in any other unlawful manner or in a manner that could be perceived to damage, disparage, or otherwise negatively impact Vqaa. Moreover, this license is only valid where Vqaa is permitted to operate. Access to and use of this site in contravention of any laws or regulations, or where prohibited by law, is unauthorized and not permitted by Vqaa.
- SUBSCRIPTION. Some Services may be subject to applicable fees as displayed in the Platform. Unless otherwise specified in the Platform, all prices are shown exclusive of VAT and other applicable taxes. If the Service is listed at an incorrect price due to typographical error or systems error, we retain the right to refuse or cancel any order placed for Services listed at the incorrect price. If the payment of the incorrect price has already been made, we will return the same amount of money upon cancellation. We offer no refund for the purchased Services. We reserve the right to amend the prices or to institute new fees at any time without notice and notice period. New or changed fees will be applicable from the moment of publishing the changes in the Platform. If the services are provided as a subscription, the subscription period you choose will automatically renew at the end of the current subscription period for the same duration recurring until the auto-renewal option is disabled or the payment does not go through. The subscription fee for the renewed subscription period will be calculated in accordance with the prices that were in effect five (5) days prior to the expiry of the current subscription period. If you wish to stop using paid Services, you may discontinue the automatic renewal option in your User account before the expiry of the current subscription period. You may not cancel the subscription period you already paid for. We do not offer any refund in case you want to cancel your use of the Services. If you want to discontinue using our Services, you may do so only by turning off auto-renewal, in which case you will be able to use the Services until the end of the current subscription period. When you register for the Services for the first time, we may, but are not obliged to, offer you a free trial period for using the Services without any charge. After the expiry of the trial period, we will automatically charge the payment method you provided for the continuation of the use of the Services as explained in the Terms. If you switch from a free trial to paid Services before the expiry of the free trial period, you forfeit the unused portion of the free trial.
- THIRD PARTY INFORMATION/ PRODUCTS/ SERVICES/ LINKS TO OTHER SITES. The Site may contain information, data, links, promotional offers, or other content in any form, including financial information related to third parties. Such information is provided only for Your convenience and as a bonus service, and will not be considered financial advisement. In no case whatsoever shall Vqaa be liable for such content or any damages or losses that result from reliance thereon. You understand that, except for information, products or services clearly identified as being supplied by Vqaa, Vqaa is not affiliated with, is not responsible for, and does not operate, control or endorse any information, products or services offered by third parties that are provided on the Site in any way.We aim to provide a safe space for all our Users. However, considering how we do not monitor User generated content, you are encouraged to inform us immediately if you come across any illegal activity, activity that is in breach of these Terms, or activity you suspect might be in violation of these Terms or applicable laws or might otherwise be objectionable. Although we expressly prohibit posting of any content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to third parties, we do not pre-screen the content, so you hereby agree that you may be exposed to any such content and that you use the Platform at your own risk. We reserve the right to remove any content which we find to constitute a breach of these Terms or relevant laws, without notifying the Users or providing reasoning for such action. You recognize and concur that Vqaa bears no obligation regarding the risk, harm, damage, or loss that might emerge from content submitted to or distributed on the Platform. Vqaa makes no representations whatsoever, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness or reliability of such third-party materials, programs, products displayed on this Site or which You may access through a link on this Site. Your correspondence or any other dealings with such third parties found on this Site are solely between you and such third party. Accordingly, Vqaa EXPRESSLY DISCLAIMS RESPONSIBILITY FOR THE CONTENT, MATERIALS, ACCURACY, AND/OR QUALITY OF THE INFORMATION, PRODUCTS AND/OR SERVICES AVAILABLE THROUGH OR ADVERTISED ON THESE THIRD-PARTY WEBSITES.
- DISCLAIMER – NO WARRANTIES. You understand and accept that Vqaa cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints on your personal computer to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.YOU UNDERSTAND AND AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE. Vqaa PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER. Vqaa SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITH REGARD TO THE SITE, THE PERSONAL ACCOUNT REPRESENTATIVE SERVICE, OR ANY INFORMATION OR THIRD-PARTY INFORMATION OR LINKS PROVIDED THEREON, Vqaa SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE. Vqaa DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK. Vqaa HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
- LIMITATION OF LIABILITY. YOU EXPRESSLY ABSOLVE AND RELEASE Vqaa FROM ANY CLAIM OF HARM RESULTING FOR A CAUSE BEYOND Vqaa’S CONTROL, INCLUDING BUT NOT LIMITED TO FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES FOR ANY REASON, SUCH AS MAINTENANCE, DENIAL OF SERVICE ATTACKS, TELEPHONE OR OTHER COMMUNICATION PROBLEMS, COMPUTER VIRUSES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, FORCE MAJEURE EVENT SUCH AS SEVERE WEATHER, EARTHQUAKES, NATURAL DISASTERS, STRIKES, LABOR PROBLEMS, WARS, OR GOVERNMENTAL RESTRICTION OR ACTION. MOREOVER, IN NO EVENT WILL Vqaa BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE’S SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED OR DOWNLOADED FROM THE SITE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE, EVEN IF Vqaa HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF Vqaa FOR ANY REASON RELATED TO USE OF THE SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO Vqaa IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE DURING THE PRIOR THREE MONTHS.
- INDEMNIFICATION. You agree to indemnify, defend and hold harmless Vqaa, its affiliates, and all of their respective officers, directors, employees, agents, licensors, attorneys, successors, and assigns from and against all claims, proceedings, injuries, liabilities, losses, damages, costs, and expenses, including reasonable attorneys’ fees and litigation expenses, relating to or arising from any breach or violation of this Agreement by You (including negligent or reckless conduct). Each of the above referenced individuals or entities reserves the right to assert and enforce these provisions directly against you, on their own behalf.
- USER OBLIGATIONS. If you provide any false, inaccurate, untrue, or incomplete information, Vqaa reserves the right to terminate immediately Your access to and use of the Site and any downloadable software. You agree to abide by all applicable local, state, national, and international laws and regulations with respect to Your use of the Site and its related services. In addition, You acknowledge and agree that use of the Internet and access to or transmissions or communications with the Site is solely at your own risk. While Vqaa has endeavored to create a secure and reliable Site, you should understand that the confidentiality of any such communications cannot be guaranteed. Accordingly, Vqaa is not responsible for the security, or any breach thereof, of any information transmitted to or from the Site. You agree to assume all responsibility concerning activities related to Your use of the Site, including but not limited to obtaining and paying for all licenses and costs for third-party software and hardware necessary for implementation of the Site and its downloadable software, and maintaining or backing up any data.
- USER NAME AND PASSWORD POLICY. Registration as an authorized user for access to certain areas of the Site may require both a user name and password. Only one authorized user can use one user name and password and account. Multiple accounts registered by the same individual or entity is not permitted and may result in one, some or all accounts being closed by Vqaa. By using the Site, you agree to keep your user name and password as confidential information. You also agree not to use another authorized user’s account. Should you become aware of any loss or theft of your password or any unauthorized use of your name and password, you will immediately notify Vqaa. Vqaa cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. Vqaa also reserves the right to delete or change (with notice) a user name or password at any time and for any reason.
- FEEDBACK AND SUBMISSIONS. You grant to Vqaa team the right to use your name in connection with any materials freely submitted by You and any other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Vqaa for any alleged or actual infringement or misappropriation of any proprietary right in your communications with the Site.
- VOID WHERE PROHIBITED. Any offer for any product or service made on this Site is void where prohibited. Moreover, Vqaa makes no representations regarding the legality of access to or use of the Site or its content in any country. Although the Site may be accessible worldwide, not all features, products or services provided or offered through or on the Site are appropriate or available for use in all countries. Vqaa reserves the right to limit, in its discretion, the provision and quantity of any feature, product or service to any person or geographic area. If You access the Site from a jurisdiction where prohibited, You do so at your own risk and You are solely responsible for complying with all applicable local regulations. People under 18 years of age are not permitted to use the Vqaa website.
- NO ADVICE. You acknowledge that neither the Site or the Personal Account Representative service, is not authorized to offer any legal, tax, accounting advice, or recommendation regarding suitability, profitability, investment strategy or other matter.
- ENFORCING SITE SECURITY. Actual or attempted unauthorized use of this Site may result in criminal and/or civil prosecution. Vqaa reserves the right to view, monitor, and record activity on the Site without notice or permission from the User, including, without limitation, by archiving notices or communications sent by you through the Site. In addition, Vqaa reserves the right, at any time and without notice, to modify, suspend, terminate or interrupt operation of or access to the Site, or any portion thereof, in order to protect the Site or Vqaa’s business.
- NOTICE OF SECURITY BREACH. In addition to the indemnification obligation stated in these Terms of Service, if you become aware of a breach or potential breach of security with respect to any personally identifiable information provided to or made available by Vqaa, or any unauthorized hacking of the Site, you shall (i) immediately notify Vqaa of such breach or potential breach, (ii) assist Vqaa as reasonably necessary to prevent or rectify any such breach, and (iii) enable Vqaa to comply with any applicable laws requiring the provision of notice of a security breach with respect to any impacted personally identifiable information.
- TERM AND TERMINATION. These Terms of Service govern Your right to use the Site will take effect at the moment you access or use the Site and is effective until terminated, as set forth below. This Agreement may be terminated by Vqaa without notice, at any time, and for any reason. In addition, Vqaa reserves the right at any time and on reasonable grounds, such as any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of these Terms, to deny your access to the Site, in whole or in part, in order to protect its name and goodwill, its business and/or other authorized users, or if you fail to comply with these Terms, subject to the survival rights of certain provisions identified below. Termination is effective without notice. You may also terminate this Agreement at any time by ceasing to use the Site, subject to the survival rights below. Upon termination, You must destroy all copies of any aspect of the Site that you have made and remove downloaded software from Your possession. The following provisions shall survive termination of the Website Terms of Service Agreement for any reason: Proprietary Rights (§1), Limited License Grant (§2), License Restrictions (§3), Third Party Information (§4), Disclaimer (§5), Limitation of Liability (§6), Indemnification (§7), Governing Law (§17), and Miscellaneous (§18).
- GOVERNING LAW AND DISPUTE RESOLUTION. These Terms of Service and all disputes or claims arising out of or related thereto shall be governed by the laws of United Kingdom, without applying conflict of law rules. Any cause of action or claim arising out of use of the Site must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred. Claimant and Vqaa waive their rights to a jury trial and participation in class action litigation. All disputes arising out of or relating to these Terms of Service shall be resolved by binding arbitration, except that Vqaa is not required to arbitrate any dispute regarding confidentiality, infringement, misappropriation, or misuse of any intellectual property right, or any other claim where interim relief from a court is sought to prevent serious and irreparable injury to Vqaa or any other person or entity. You acknowledge that any breach, threatened or actual, could cause irreparable injury to Vqaa that is not quantifiable in monetary damages. You agree that Vqaa shall be entitled to seek and be awarded an injunction or other appropriate equitable relief to restrain any breach of Your obligations under these Terms. Accordingly, you waive any requirement that Vqaa post any bond or other security in the event that any injunctive or equitable relief is sought by or awarded to Vqaa to enforce any provision of these Terms.
- SEVERABILITY. If any provision of these Terms of Service is ruled invalid or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein. Any invalid or unenforceable portion should be deemed amended in order to achieve as closely as possible the same effect as the Terms of Service as original drafted.