TERMS AND CONDITIONS
Welcome to Quidam!
Quidam is owned and operated by Quidam.co, LLC.
These are the terms and conditions for:
By using the platform, you agree to be bound by these terms and conditions, or privacy, and cookie policy. In these terms and conditions, the word "platform" refers to the Quidam App and website together, "we", "us", "our" and "Quidam" refer to Quidam and "you" and "user" refer to you, the Quidam user.
The following terms and conditions apply to your use of the platform. This includes the mobile and tablet versions, as well as any other versions of Quidam accessible via desktop, mobile, tablet, social media or other devices.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING, POSTING INFORMATION ON, OR OBTAINING ANY SERVICES FROM THE PLATFORM.
1. ACCEPTANCE OF TERMS
This agreement sets forth the legally binding terms for your use of Quidam. By registering and using the platform, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use the platform and stop using the service immediately. We may modify this agreement from time to time, and such modification will be effective when posted on the platform. You agree to be bound by any modifications to these terms and conditions when you use Quidam after such modification is posted; therefore, it is important that you review this agreement regularly.
Use of the platform is prohibited for children under the age of 13. For children under the age of 18 and over the age of 13, it is the responsibility of parents and legal guardians to determine whether use of the platform or any of the content and functionality available on the platform is appropriate for their child or minor ward. In such case the parent or legal guardian must register on behalf of the minor and is responsible for all actions through the user and use of the platform.
You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the platform does not violate any applicable law or regulation. Quidam may, in its sole discretion, refuse to offer services to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the platform is revoked in such jurisdictions.
By using the platform, you represent and warrant that you have full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you have no legal incapacity or contractual restriction that would prevent you from entering into this agreement.
2. BUSINESSES
2.1. Account
These terms and conditions form an integral part of the contract concluded between Quidam and the business. The provisions contained in the contract and these terms and conditions are binding on the business and must be read and complied with together. In order to use the functionalities available on the platform, the Business must register and create an account on the platform. You will be asked to choose a password, and you may be asked for additional information about your account, such as your email address, phone number and address.
You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Quidam of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another user's account without prior authorization from Quidam. Quidam will not be liable for any loss or damage arising from your failure to comply with this agreement.
In consideration of your use of the platform as a Business, you represent that you have the necessary ownership or licenses to advertise the Business through our platform. You agree to provide true, accurate, current and complete information about yourself and your Business as prompted by the registration form available on Quidam, and to maintain and promptly update your registration data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Quidam reserves the right to suspend or terminate your account and refuse any and all current or future use of the service and the platform at any time and without notice, as well as to terminate the respective service agreement.
By providing Quidam with your email address, you consent to our use of your email address to send you notices and communications about the platform. We may also use your e-mail address to send you notifications and other messages, such as changes to platform features, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your removal request through our contact information or by using the "unsubscribe" option in the emails. Opting out may prevent you from receiving emails about updates, news or special content.
Users may cancel their accounts at any time and for any reason by following the instructions on the platform or by sending us their request through our contact information. That termination will only result in the deletion of the account and the deletion of all the personal data granted to Quidam.
Quidam reserves the right to terminate your account or your access immediately, with or without notice, and without liability to you, if Quidam believes that you have violated any of these terms, provided Quidam with false or misleading information, or interfered with another user's use of the platform or service.
2.2. User Content
Businesses may provide and upload content and information through the platform. Businesses retain any copyrights or other rights they may have in the content and information they provide through the platform. Quidam is not responsible for the accuracy, safety or legality of the content posted on the platform by the Businesses. The Business is solely and exclusively responsible for its content and the consequences of its publication. By providing content and information through the platform, the Business grants Quidam a worldwide, non-exclusive, royalty-free, fully paid-up right and license to host, store, transfer, perform, reproduce and modify the content of the Business for the sole purpose of using and displaying it within the platform and to the general public.
2.3. User Content Representations and Warranties
Quidam disclaims all liability in connection with the content of the Businesses. Businesses are solely and exclusively responsible for their content and the consequences of providing content through the platform. By providing and uploading content through the platform, you affirm, represent and warrant that:
a) You are the owner of the content you provide through the platform, or have the necessary licenses, rights, consents and permissions to authorize Quidam to publish and display your content through the platform.
b) Your user content, and the use of your user content as contemplated by these terms, does not and will not (i) infringe, violate or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, right of privacy, right of publicity or any other intellectual property or proprietary right; (ii) libels, defames, slanders, libels or invades the right of privacy, publicity or other proprietary rights of any other person; or (iii) causes Quidam to violate any law or regulation.
c) Your content could not be considered by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful or otherwise inappropriate.
d) Your content does not and will not contain hateful content, threat of physical harm or harassment.
2.4. User Content Disclaimer
Quidam may, at any time and without prior notice, filter, remove, edit or block any user content that, in our judgment, violates these terms or is otherwise objectionable. If a user or content owner notifies that user content allegedly does not conform to these terms, we may investigate the allegation and determine in our sole discretion whether to remove the user content, which we reserve the right to do at any time and without notice. You acknowledge and agree that Quidam reserves the right to, and may from time to time, monitor any and all information transmitted or received through the service for operational and other purposes. If at any time Quidam decides to monitor content, Quidam continues to assume no responsibility or liability for the content or any loss or damage incurred as a result of the use of the content. During monitoring, information may be examined, recorded, copied and used in accordance with our privacy policy.
3. USERS
3.1. Account
When registering on the platform, the user must choose a password and may be asked for additional information such as email address. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Quidam of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. You may never use another user's account without Quidam's prior authorization. Quidam will not be liable for any loss or damage arising from your breach of this agreement.
Users may cancel their accounts at any time and for any reason by following the instructions on the platform or by sending us their request through our contact information. Such cancellation will only result in the deletion of the account and the deletion of all personal data transferred to Quidam.
Quidam reserves the right to terminate your account or your access immediately, with or without notice, and without liability to you, if Quidam believes that you have breached any of these terms, provided Quidam with false or misleading information, or interfered with another's use of the platform or the Service.
Users may share personal and commercial information through the platform with other users. Any information that users share through the platform is the sole responsibility of the users themselves. Users are free to share information, but are responsible for the use of such information, its publication and disclosure. Quidam is not responsible for information posted and shared through the platform. The information you provide and publish through the platform will be visible to the general public.
3.2. Notifications
By providing Quidam with your email address, you agree that we may use your email address to send you notifications about Quidam. We may also use your email address to send you notifications and other messages, such as changes to service features, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by submitting your removal request through the contact information or by using the "unsubscribe" option in the emails. Opting out may prevent you from receiving notifications and mailings about updates, news or special content.
3.3. Rewards and Referrals
Users will be able to create their own list of products and services through their account. Users will be able to search for third party products and services available on our platform and add them to their own list. Users may recommend products and services from their own list to friends, family and acquaintances by sending the recommendation through the platform. The user who receives the recommendation through the platform will be able to purchase the corresponding product or service and potentially receive a discount for making the purchase through the recommendation. Likewise, the user who sends the referral will receive a reward that will be credited to the user's Quidam virtual wallet only when the user who made the purchase of the corresponding product or service uploads the proof of purchase to the platform for its respective validation. The rewards obtained for purchases made through referrals sent to acquaintances, friends or family will be credited to the user's Quidam wallet. The user who receives the recommendation and makes the purchase of the respective product or service must upload the purchase receipts to the Quidam platform for validation. The receipts must be uploaded to the platform and must be displayed legibly and clearly. Quidam reserves the right to reject any receipt that is not uploaded according to the instructions provided by Quidam prior to the receipt upload process. Once the purchase has been validated with the corresponding receipts, the user will receive the respective reward through the Quidam virtual wallet. Rewards may vary depending on the agreement between the corresponding business and Quidam at the time of purchase. Rewards can be used to make purchases at the merchants available on the platform or can be withdrawn in cash through the withdrawal methods available on the platform. The withdrawal of funds corresponding to the rewards will be made through third party payment processors available on Quidam. Please note that the validation of receipts corresponds only to businesses. Quidam is not responsible for purchase receipts not validated by the respective businesses.
4. DISCLAIMER
By using the platform and the functionalities included in the platform, you accept personal responsibility for the results of the use of the platform. You agree that Quidam does not guarantee, or warrant in any fashion, either express or implied, any results, benefits or failures as a result of your use of our platform. You acknowledge and agree that your ultimate success or failure to use the platform and the functionalities available on the platform will be the result of your own efforts, your particular situation and other circumstances beyond Quidam's control.
The products and services shown on the platform are not offered or provided by Quidam. The products and services offered and published on the platform are published and offered by third party businesses which offer and display their products or services through the platform. Quidam's services are limited to providing the platform to send product and service recommendations to users and third parties and to provide discounts, given solely by the businesses, to users who submit or purchase the products and services in the recommendations. Quidam is not responsible at any time for the products or services or the satisfaction of the users for said services by the businesses that are displayed on the platform and that are submitted through referrals and recommendations by users.
Quidam is not responsible for the accuracy, safety or legality of the products or services displayed on the platform and which are submitted through referrals and recommendations by users. Quidam makes no representations about the products and services displayed on the platform and which are submitted through referrals and recommendations by users. Quidam has not independently reviewed any product or service, but merely has listed the product or service by the business and therefore there are no representations, warranties, express or implied by Quidam. Users shall rely on their relationships with the Business's utilized and will be responsible to review and satisfy themselves whether to utilize the Business's service or products.
Quidam is not responsible for the quality of the products and services that users submit through referrals and recommendations. The purchase of the products and services displayed on the platform or sent and received through referrals and recommendations is the sole and exclusive responsibility of the users.
Quidam shall not be liable for damages to the physical or moral integrity of persons, such as injury, death or any other damage such as threats, insults and slander that may fall on a natural person, as a result of the communications established on the platform. Communications and relationships established between users as a result of any connection within the platform are the sole and exclusive responsibility of the users.
In the event that one or more users or any third party initiates any claim or legal action against another or other users, each and every one of the users involved in such claims or actions exempt Quidam from any liability and shall indemnify and hold Quidam harmless from any and all fees and costs by Quidam as a result of any action.
5. ADVERTISING
Through the platform, Quidam may make available to users, commercial and advertising information, or third parties in accordance with good business practices. In these cases, Quidam does not endorse, guarantee or commit its responsibility for the services and / or products marketed by business's or these third parties, since the platform serves as a channel of communication and advertising, but not as a tool for the provision of services. Consequently, it is the full responsibility of the users to access the sites that refer advertising, assuming the obligation to verify and know the terms of the services offered by third parties.
6. LICENSE TO USE THE PLATFORM
Quidam grants you a license to use the software (App and web app) that Quidam provides to you as part of the services. This license is for the sole purpose of allowing you to use and enjoy the benefits of the services provided by Quidam, in the manner permitted by these terms and conditions. You may not copy, modify, distribute, assign, transfer, sell or rent any part of our platform or the information available through the use of the platform, the website or the software included, nor may you reverse engineer or attempt to extract the source code of such software, unless such restrictions are prohibited by law, or you have our written permission.
You agree not to use the platform and services in a negligent, fraudulent or unlawful manner. You also agree not to engage in any conduct or action that may damage the image, interests or rights of the Quidam platform or third parties.
This service prohibits the sending of messages that: (1) Any type of messages that are classified as SPAM. (2) Have harassing, abusive, defamatory, obscene, bad faith, unethical or otherwise illegal content (3) Distribute Trojans, viruses or other malicious computer software (4) Any message with political or religious content (5) Any message with obscene or offensive content (6) Have the intent to commit fraud, (7) Distribute intellectual property without the ownership or license to distribute such property (8) In any way violate the terms of service, privacy policy or rules of this platform or the recipients.
Quidam reserves the right to terminate the user's access immediately, with or without notice, if it believes that the user has violated any of these terms and conditions or has interfered with the use of the platform or the service by others.
Any violation of these terms and conditions or any damages or injury resulting from any violation of these terms and conditions and use of the platform may be subject to any and all actions that may result from User's violations, including any and all costs and fees associated with such violation and with such damages.
7. COPYRIGHT
All Quidam materials, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other items, are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Quidam or by third parties who have licensed or provided their material to the platform. You acknowledge and agree that all Quidam Materials are made available for your limited, non-commercial, personal use. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted or distributed in any way, or otherwise used for any purpose, by any person or entity, without the prior express permission of Quidam. You may not add to, delete, distort or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security feature, or to use Quidam or any portion of the material for any purpose other than its intended purpose is strictly prohibited.
8. COPYRIGHT INFRINGEMENT (DMCA)
Quidam will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). Quidam respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information:
9. PERSONAL INFORMATION
Any personal information you provide in connection with your use of the platform will be used in accordance with our privacy policy. Please refer to our privacy policy.
10. PROHIBITED ACTIVITIES
The content and information available on the platform (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such content and information, is owned by Quidam or licensed to Quidam by third parties. For all content other than your own, you agree not to modify, copy, distribute, transmit, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or resell any information, software or services obtained from or through the platform. In addition, the following activities are prohibited:
11. DISCLAIMER OF WARRANTIES
Quidam will provide its services with reasonable skill and care, but makes no warranties or representations, express or implied, with respect to the services of any other person.
Due to the nature of the Internet, Quidam provides and maintains the Platform on an "as is," "as available" basis and does not promise that use of the Platform will be uninterrupted or error-free. We are not liable to you if we are unable to provide our Internet services for any reason beyond our reasonable control.
Our platform may occasionally contain links to other websites that are not under our control or maintained by us. These links are provided solely for your convenience and we are not responsible for the content of those websites.
Except as provided above, we cannot provide any other warranties, conditions or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the fullest extent permitted by law.
You shall be liable for any breach of these terms by you and, if you use the platform in breach of these terms, you shall be liable for and shall reimburse Quidam for any loss or damage, including attorny's fees and all costs, caused as a result.
Quidam shall not be liable for any amount for the failure to perform any obligation under this Agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, force majeure events, Internet outages, communications outages, states of emergency, states of exception, fires, floods, wars, terrorism, public order events or any uncontrollable natural events.
These conditions do not affect your statutory rights as a consumer, which are available to you.
Subject to the foregoing, and to the maximum extent permitted by law, Quidam excludes liability for any loss or damage of any kind whatsoever arising, including without limitation any direct, indirect or consequential loss, whether or not arising out of any problem which you notify Quidam of, and Quidam shall have no liability to pay any money by way of compensation, including without limitation any liability in relation to:
12. ELECTRONIC COMMUNICATIONS
Quidam will not accept any liability for failed, partial or garbled computer transmissions, for any breakdown, failure, connection or availability of computer, telephone, network, electronic or Internet hardware or software, for the acts or omissions of any user, for the accessibility or availability of the Internet or for traffic congestion or for any unauthorized human act, including any error or mistake.
13. THIRD PARTIES
Through your use of the Platform and Services you may encounter links to third party sites or be able to interact with third party sites. These third parties may charge a fee for the use of certain content or services provided on or through their websites. Therefore, you should investigate as you deem necessary or appropriate before proceeding with any transaction with any third party to determine whether a fee will be incurred. Where Quidam provides details of fees or charges for such third party content or services, such information is provided for convenience and information purposes only. Any interaction with third party sites and applications is at your own risk. You expressly acknowledge and agree that Quidam is in no way responsible for such third party websites.
14. INDEMNIFICATION
You agree to defend and indemnify Quidam from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including, but not limited to, reasonable legal and accounting fees, brought by third parties as a result of:
15. CHANGES AND TERMINATION
We may change the platform and these terms at any time, at our sole discretion and without notice. You are responsible for keeping yourself informed of these terms. Your continued use of the platform constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified, all changes to these terms apply to all users. In addition, we may terminate our agreement with you under these terms at any time by notifying you in writing (including by email) or without notice.
16. ASSIGNMENT
This agreement and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by Quidam without restriction.
17. INTEGRATION CLAUSE
This agreement, together with the privacy policy and any other legal notices posted by Quidam, shall constitute the entire agreement between you and Quidam and shall govern your use of the platform.
18. DISPUTES
You agree that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the platform, shall be resolved by arbitration between you and Quidam, through an arbitration organization agreed to by the parties, provided that each party retains the right to bring an individual action in a New York State court.
In the event a dispute arises in connection with your use of the platform or breach of these terms and conditions, the parties agree to submit their dispute to arbitration resolution before an arbitration organization (e.g., American Arbitration Association) as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.
To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the platform.
The courts of the United States, specifically the courts located in the State of New York, shall have jurisdiction over any dispute, controversy or claim relating to Quidam and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of the United States, specifically the courts located in the State of New York.
19. FINAL PROVISIONS
These terms and conditions are governed by the laws of the United States, specifically the laws of the State of New York. Use of the Quidam platform is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions.
Our compliance with these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our platform or information provided to or collected by us in connection with such use.
If any section of these terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Our failure to enforce or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision in the future.
Any rights not expressly granted herein are reserved.
20. CONTACT INFORMATION
If you have questions or concerns about these terms, please contact us through our contact page or by using the contact information below:
Quidam.co, LLC.