Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the QHERE.com website and the QHERE mobile applications (together, or individually, the “Service”) operated by QHERE (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
QHERE makes available merchant queuing services or appointment booking services (the “Booking Services”) through the QHERE applications to users for the purpose of assisting user in securing a booking slot in a queue or for a future appointment at participating third-party provider (each, a “Merchant”). In response to a user’s request for a booking through the QHERE application, QHERE contacts the Merchant’s computerized database of bookings, as applicable. The availability of bookings, estimated wait time or queue number is determined at the time of user’s query and based on information provided to QHERE by the Merchant. Once a booking request is made by user through the QHERE, we will provide confirmation of the booking to user by email or other electronic messages as has been agreed to by user. By using the Booking Services, user agrees to receive reservation and waitlist confirmations, updates, modifications and/or cancellations by email or other electronic messages.
Use of the Services requires Internet access through your computer or mobile device. You are responsible for all mobile carrier data or text message charges resulting from your use of the Services, including from any notifications provided by the Services. QHERE does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers.
Modifications to Services
QHERE reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the QHERE applications and services. QHERE shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Services.
The Service and its original content (excluding Content provided by users), features and functionalities are and will remain the exclusive property of QHERE and its licensors.
The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent, and other intellectual property laws of the United Kingdom and the European Union.
All text, graphical content, video, data, and other content made available through the Services (collectively, the “QHERE Content”) are provided to User by QHERE or its partners or licensors solely to support users’ permitted use of the Services. The QHERE Content may be modified from time to time by QHERE in its sole discretion. Except as expressly set forth here in, no license is granted to anyone for any other purpose, and any other use of the Services or the QHERE Content shall constitute a material breach of this agreement. QHERE and its partners or licensors retain all rights in the Services and QHERE Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of QHERE or any third party is granted under this Agreement.
Subject to the terms and conditions of this Agreement, QHERE grants you a non-exclusive, non-transferable, revocable license to use the QHERE mobile applications on your compatible mobile devices, solely to support your permitted use of the Services.
The Services and QHERE Content are offered solely for users’ personal use for the purposes described in the Terms. Any and all other uses are prohibited. QHERE expressly reserves all its rights and remedies under applicable laws. QHERE reserves the right, in its sole discretion, to refuse service, terminate Accounts, remove or edit content, cancel bookings, or deny access to the Services. You agree not to (and not to allow any third party to): (1) use any deep-link, robot, spider, scraper, or other automatic or manual device, process, or means to access, copy, search, or monitor any portion of the Services or QHERE Content, except as expressly authorized by QHERE; (2) take any action that imposes or may impose (in QHERE’s sole determination) an unreasonable or a disproportionately large load on the Services or QHERE’s infrastructure; (3) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (4) rent, lease, copy, provide access to or sublicense any portion of the Services or QHERE Content to a third party; (5) use any portion of the Services or QHERE Content to provide, or incorporate any portion of the Services or QHERE Content into, any product or service provided to a third party; (6) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to QHERE); (7) modify any Services or QHERE Content or create any derivative product from any of the foregoing; (8) remove or obscure any proprietary or other notices contained in the Services or QHERE Content; (9) use the Services or QHERE Content for any illegal purpose; or (10) publicly disseminate information regarding the performance of the Services or QHERE Content or access or use the Services or QHERE Content for competitive analysis or benchmarking purposes. Although the QHERE Service may be accessible worldwide, not all features or services discussed, referenced, provided or offered through QHERE are available to all users or in all geographic locations. OpenTable reserves the right to limit, in its sole discretion, the provision and quantity of any feature or service to any person or geographic area.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly, quarterly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or QHERE cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting QHERE customer support team.
A valid payment method, including credit card or PayPal[WE1] , is required to process the payment for your Subscription. You shall provide QHERE with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize QHERE to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, QHERE will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice[WE2] .
QHERE may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by QHERE until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, QHERE reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
QHERE, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
QHERE will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
QHERE has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of QHERE or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
You agree that any use of third party data including, but not limited to, Google MyBusiness ratings, is your sole responsibility and you agree to keep it accurate and updated at any point.
When you create an account to use QHERE Services, you must provide true, accurate, current, and complete data about yourself or your business. You also agree to promptly update your data to keep it true, accurate, current, and complete. You agree to accept responsibility for any and all activities or actions that occur through your account. You are solely responsible for maintaining the confidentiality of your Account and the information in your Account, and, except as otherwise required by applicable law, you are solely responsible for all use of your Account, whether or not authorized by you. You agree to immediately notify QHERE of any unauthorized use of your Account or any other breach of security related to your use of the Services.
You may not use data that belong to another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You agree not use any offensive, vulgar or obscene for data that will be shown to other users of QHERE. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Third-Party Websites, Applications and Services
Our Service may contain links to third party web sites, applications or services that are not owned, controlled or operated by QHERE.
QHERE has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites, applications or services. We do not warrant the offerings of any of these entities/individuals or their websites.
QHERE’s inclusion of any links to such websites, applications or services does not imply any endorsement of the material on such websites, applications or services or any association with their operators.
You acknowledge and agree that QHERE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless QHERE and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall QHERE, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, which arise out of or are any way connected with (i) The terms (including any changes thereto), (ii) any use of the QHERE Service, the QHERE content, (iii) any failure or delay (including, but not limited to, the use or inability to use any component of any of the services), or (iv) your visit to any merchant or the performance, non-performance, conduct, or policies of any merchant in connection with the services, (v) your access to or use of or inability to access or use the Service, (vi) any conduct or content of any third party on the Service, (vii) any content obtained from the Service, and (viii) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth here in is found to have failed of its essential purpose. QHERE is neither an agent of nor otherwise associated with any merchant for which a user has made a booking, claimed an offer or promotion, or paid a bill using the payment services or any merchant that issues a merchant gift card.
Your use of the Service is at your sole risk and QHERE cannot guarantee that the services will be uninterrupted or error-free. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
QHERE, its subsidiaries, affiliates, and its licensors do not warrant that a) your use of the services will be uninterrupted, error-free, secure or available at any particular time or location, b) QHERE will review the information or materials made available through the services for accuracy or that it will preserve or maintain any such information or materials without loss, or c) the results of using the Service will meet your requirements. QHERE shall not be liable for delays, interruptions, service failures, or other problems inherent in use of the internet and electronic communications or other systems outside the reasonable control of QHERE.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. If the disclaimer of direct damages above is not enforceable at law, you expressly agree that our liability to you (for any cause whatsoever and regardless of the form of the action) will at all times be limited to fifty British Pounds (£50).
Merchants are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by you (or, if applicable, any recipient of a Merchant Gift Card) as a result of your (or such recipient’s) interaction with or visit to any Merchant or from any promotion, offer, product or service of any Merchant. Users must resolve all disputes directly with Merchants. To the maximum extent permitted by applicable law, you here by release the QHERE Parties from any and all such Claims.
These Terms shall be governed and construed in accordance with the laws of United Kingdom, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.
QHERE Ltd. Registered in England & Wales No 12772986