TiQuest S.à r.l-S
Immatriculation number: B241006
Creation date: 17/01/2020
Legal adress: 2 rue de Prague, L-2348 Luxembourg
email: hi@tiquest.eu
The website https://tiquest.eu/ (hereinafter be referred to as “the website”) and TiQuest’s digital applications (hereinafter be referred to as “the app”), commonly be referred to as “the services” are edited and maintained by TiQuest S.à r.l-S, a luxembourgish simplified limited liability company registered under the RC Luxembourg Number B241006, headquartered in Luxembourg, 2 rue de Prague, L-2348.
These general terms and conditions of use are governed by the Luxembourgish law, both in terms of basic rules and for the rules governing them.
License
Subject to the Terms hereof, TiQuest S.à r.l-S grants you a non-transferable, non-exclusive, revocable, limited license to use the services including any updates that might become available in the future (the “License”). This License shall remain in effect until and unless terminated by you or TiQuest S.à r.l-S.
The TiQ box (the Hardware) remains the property of TiQuest S.à r.l-S and should only be used to collect receipts. Any other use is prohibited and it is not allowed to open or modify it or any of its components. If the conditions of use are not respected, TiQuest S.à r.l-S reserves the right to recover the hardware and end the service.
All content included in the services, such as text, graphics, logos, images, data compilations, and software, is the property of TiQuest S.à r.l-S or the participating merchants. The compilation of all content on the Services, all the software used on or provided through the services are the exclusive property of TiQuest S.à r.l-S.
Any information, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to TiQuest S.à r.l-S by you through the services, including but not limited to intellectual property related thereto (except as may otherwise be expressly provided), becomes the exclusive property of TiQuest S.à r.l-S without compensation and TiQuest S.à r.l-S may copy, incorporate, distribute or otherwise use such communications for any commercial or non-commercial purpose. You hereby agree to take whatever further actions that may be necessary to assign your rights to the same to TiQuest S.à r.l-S.
By sending, posting and or publishing any content on or through the services, you hereby grant to TiQuest S.à r.l-S a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such content.
User login details
To access our services, you will be required to register for a TiQuest account and to be provided a TiQ box (the Hardware)
Your user name must not be liable to mislead and must comply with the content rules set out in section 4 of these Terms; you must not use your account or user name for or in connection with the impersonation of any person.
You must keep your password confidential.
You must notify us in writing immediately if you become aware of any disclosure of your password.
You are responsible for any activity on our services arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
You may create one and only one account with TiQuest and you may not transfer, sell or otherwise assign it to any other person.
Fees
TiQuest S.à r.l-S does not currently charge its users to access and use the services, however TiQuest S.à r.l-S may and in its discretion, decide to start charging fees for the access and use of the services or specific functionalities of the services, upon [thirty (30)] days’ prior notice to you.
User’s liability
The user uses the website, the app, the hardware (TiQ box or TiQ) and its services at his own risks and liability. The information contained in this app and website are for general information purposes only. The information is provided by TiQuest S.à r.l-S and merchant equipped with TiQ box and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the TiQuest app and website or the information, products, prices, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
Accessibility of the website
The website and the app are available 24/24h, 7/7d but not if interrupted voluntarily or for maintenance reasons or in case of force majeure.
Being in fact subject to an obligation of means, TiQuest S.à r.l-S can not be held responsible for any damage, whatever its nature, resulting from an unavailability of the website, the app or one or more services, or resulting from the presence of viruses.
Links
The website and the app include information made available by external companies or hypertext links to other sites that have not been developed by TiQuest S.à r.l-S. The existence of said links to other sites does not constitute a validation of these sites or their content by TiQuest S.à r.l-S. Thus, the responsibility of TiQuest S.à r.l-S can not be engaged because of information, opinions and recommendations made by third parties.
TiQuest S.à r.l-S has no means to control these sites (and / or the products and services they offer) and these sources, and does not answer for the availability of such sites and external sources nor does it guarantee it.
Links are partly automatic and can not all be verified by TiQuest S.à r.l-S.
Intellectual Property
All the illustrations of the products and all the support present on the site are the property of TiQuest S.à r.l-S and its partners present on the website/the app and are protected by the legislation on the rights of authors. It is prohibited for the user to reproduce and / or use the trademarks and logos present on the site, as well as to modify, copy, translate, reproduce, sell, publish, exploit and distribute in a digital or other format, any or part of the information, texts, photos, images, videos and data present on the site.
TiQuest S.à r.l-S grants the user a right of private, non-collective and non-exclusive use of its content. This right is limited to the right to print one or more articles and/or to save it on his computer (or another digital medium such as mobile and tablet) for his personal use exclusively. Any networking, rebroadcasting, any exploitation in a professional or commercial context or any marketing of the content to third parties, in any form whatsoever, is strictly forbidden without the prior agreement of TiQuest S.à r.l-S.
Modification of general terms and conditions
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. When we make material changes to the Terms, we will provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Services or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Services after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Services under the new version of the Terms, you may terminate your use of the Services by contacting us by sending an email to help@tiquest.eu
Law and Jurisdiction
In case of litigation, it shall be governed by and construed in accordance with the laws of the Grand-Duchy of Luxembourg.
By subscribing to the Service, you are opting in to receive emails about our campaigns, events and activities.
If you have any questions about these Terms or the Services, please contact us using the contact details: help@tiquest.eu
Protection of personal data
TiQuest S.à r.l-S’s current privacy policy is available in the app in Settings / Privacy Policy and on the the website https://tiquest.eu/privacy/
TiQuest S.à r.l-S strongly recommends that you review the Privacy Policy closely.
Purchases
Fees
TiQuest offers certain enhanced features of the Services which you can purchase as a monthly, quarterly or yearly subscription (“Subscription”). A description of features associated with Subscriptions is available via the Services. When you purchase a Subscription (a "Transaction”), we may ask you to supply additional information relevant to your Transaction, such as your credit card number, the expiration date of your credit card and your address(es) for billing and delivery (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a Transaction through the Services will be presented to you before you place your order. If you choose to initiate a Transaction via the Services, you authorize us to provide your Payment Information to third party service providers so we can complete your Transaction and agree (a) to pay the applicable fees and any taxes; (b) that TiQuest may charge your credit card or third party payment processing account, including, but not limited to, your account with the app store or distribution platform (like the Apple App Store, Google Play) where the App is made available (each, an “App Provider”), for verification, pre-authorization and payment purposes; and (c) to bear any additional charges that your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. Your order is not binding on TiQuest until accepted and confirmed by TiQuest. All payments made are non-refundable and non-transferable except as expressly provided in these Terms.
If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card or third party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with TiQuest.
TiQuest reserves the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances TiQuest deems appropriate in its sole discretion. TiQuest also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). TiQuest will either not charge you or refund the charges for orders that we do not process or cancel.
Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription
All amounts are payable and charged: (i) for one-off purchase (e.g. lifetime Subscription), at the time you place your order; and (ii) For monthly or yearly subscriptions, at the beginning of the subscription and, because each such subscription renews automatically for an additional period equal in length to the expiring subscription term until you cancel it, at the time of each renewal until you cancel, using the Payment Information you have provided. You must cancel your monthly or yearly Subscription before it renews to avoid the billing of the fees for the next Subscription period. If you purchase your Subscription via the Site, you can cancel the renewal of your subscription at any time by contacting us by email at help@tiquest.eu. If you purchase your Subscription via an App Provider, you can cancel the renewal of your subscription at any time with the App Provider. You will not receive a refund for the fees you already paid for your current subscription period and you will continue to receive the Services ordered until the end of your current Subscription period.
Changes to Price Terms for Subscriptions
TiQuest reserves the right to change its pricing terms for Subscriptions at any time and TiQuest will notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for Subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to TiQuest’s pricing terms then you may choose not to renew your Subscription in accordance with the section “Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription.”
Future Functionality
You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by TiQuest regarding future functionality or features.
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Insights by TiQuest App End User License Agreement
This End User License Agreement (“Agreement”) is between you and TiQuest S.à r.l-S and governs use of this app made available through the Apple App Store. By installing the Insights by Tiquest App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the Insights by Tiquest App.
1. Parties This Agreement is between you and TiQuest S.à r.l-S only, and not Apple, Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. TiQuest S.à r.l-S, not Apple, is solely responsible for the Insights by TiQuest App and its content.
2. Privacy TiQuest S.à r.l-S may collect and use information about your usage of the Insights by TiQuest App, including certain types of information from and about your device. TiQuest S.à r.l-S may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the Insights by TiQuest App.
3. Limited License TiQuest S.à r.l-S grants you a limited, non-exclusive, non-transferable, revocable license to use the Insights by TiQuest App for your personal, commercial purposes. You may only use the Insights by TiQuest App on Apple devices that you own or control and as permitted by the App Store Terms of Service.
4. Age Restrictions By using the Insights by TiQuest App, you represent and warrant that (a) you are 17 years of age or older and you agree to be bound by this Agreement; (b) if you are under 17 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of the Insights by TiQuest App does not violate any applicable law or regulation. Your access to the Insights by TiQuest App may be terminated without warning if TiQuest S.à r.l-S believes, in its sole discretion, that you are under the age of 17 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child's use of the Insights by TiQuest App, you agree to be bound by this Agreement in respect to your child's use of the Insights by TiQuest App.
5. Objectionable Content Policy Content may not be submitted to Insights by TiQuest App who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.
6. Warranty TiQuest S.à r.l-S disclaims all warranties about the Insights by TiQuest App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, TiQuest S.à r.l-S, not Apple, shall be solely responsible for such warranty.
7. Maintenance and Support TiQuest S.à r.l-S does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, TiQuest S.à r.l-S, not Apple, shall be obligated to furnish any such maintenance or support.
8. Product Claims TiQuest S.à r.l-S, not Apple, is responsible for addressing any claims by you relating to the Insights by TiQuest App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the Insights by TiQuest App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.