Qype - Conditions of Use
http://www.qype.co.uk (the Site) is operated by Qype Limited a company registered in England, Registration Number: 5780425 whose registered office is at 17A Beckenham Grove, Bromley, Kent BR2 0JN (Qype, we, us and our).
- The Use of Your Data
- Qype Membership
- User Name
- User Image
- Duty of Care Pertaining to User Data
- Posting of Content
- Accuracy and Defamation
- Accessing the Site
- Intellectual Property Rights
- User Rights of Qype
- General Conditions of Use
- Ending / Cancellation of your Qype Membership
- Liability, Indemnity
- Closing Provisions
- Contact Information
Qype collects, saves and uses your data for the purposes of the provision of this offer only.
If Qype should want to use your data for other purposes, this will only take place with your prior agreement (consent). If saving your data should no longer be required, e.g. if you end your membership, all of your personal data will be deleted.
This Application is using location data, which your device provides with the Location Service API. The data is only used to display Places in your surroundings. The location Data is not stored or forwarded.
- Membership of Qype is free of charge.
- Anyone who is aged 16 years of age or over can be a Qype member.
- Your Qype membership starts with our email confirming your registration.
- When you register, you are obliged to provide Qype with correct and complete information about your identity. This data always has to be up-to-date during your membership and you are responsible for informing us of any changes to such details.
- Your Qype membership is personal to you and cannot be transferred to another person.
- Only one Qype membership is authorised per person.
- Qype reserves the right to impose temporary limits on the Qype service to carry out maintenance work and further developments.
When choosing their user names, members must not...
- a) use the name of another member;
- b) use a name which is protected by copyright, trademark or other intellectual property rights;
- c) use a name which might contravene the rights of any individual person or corporate body;
- d) use a name which might provoke or harm other members, e.g. vulgar, provocative or offensive user names; or
- e) use a name which contains codes that identify the member with an organisation that is of an extremist nature, even if the coded meaning of the user name is not immediately recognisable to outsiders.
As the owner of a user name, you are responsible for all content which is published under your user name.
As a member, in addition to your user name, you may display a picture by way of identification. When choosing their user image, members must not...
- a) use the image of another person;
- b) use an image which is protected by copyright, trademark or other intellectual property rights;
- c) use any user images which are vulgar, provocative or offensive as these may upset or offend other members; or
- d) use an image that violates or could violate the rights of other natural or legal persons.
You are responsible for all content which is published under your user name. If you become a member you agree to accept responsibility for all activities that occur under your user name. You should take all necessary steps to ensure that the password you use to access the Site is kept confidential and secure.
As a Qype member, you have a wide range of different possibilities for participating in the Site and for the setting and placing of content.
Please also note that the placing and setting of the following content on the Site is not permitted:
- a) content that is racist, pornographic, obscene, offensive, vulgar or invasive of privacy; content that glorifies or downplays violence, or content which contravenes moral and ethical standards;
- b) content which impairs or endangers the development or upbringing of children or young people, or which contravene human dignity or other valued legally protected interests;
- c) content which is able to incite other persons into criminal actions or other actions which contravene moral and ethical standards;
- d) abusive or offensive statements;
- e) threats to other members, service providers or third parties;
- f) defamatory criticism, slander, offensive statements, lies or incorrect information;
- g) content which contravenes the intellectual property rights or confidentiality of third parties;
- h) copied content over which you have no rights;
- i) content which presents a security risk, for instance, computer viruses or “spam”;
- j) links to web sites with content that contravene current legislation, is inappropriate to young people, or is otherwise inappropriate;
- k) names, addresses, telephone numbers or email addresses with the exception of those pertaining to the user's personal profile; or
- l) unauthorised advertising of a particular thing, such as raffles, discount campaigns or sales in the form of events.
As a Qype member you are authorised to write reviews. In addition to the restrictions above, the following rules apply to the reviews:
- a) content must pertain to the service provider / event which is to be reviewed;
- b) content must correspond with reality;
- c) content must be factual and accurate;
- d) only places, services or events may be reviewed which are possible to experience;
- e) negative reviews are permitted but they must be expressed in terms of fact;
- f) no derogatory terminology may be used;
- g) content which has been initiated by service providers/company owners (including employees) themselves are only permitted as self-expression and must be clearly indicated as such;
- h) persons who are either related to or are a co-worker of a service provider may only evaluate the corresponding company if they publicise this relationship.
- i) the stating of email addresses, URLs or telephone numbers for advertising purposes is not allowed;
- j) straightforward advertisements (concealed or open) are not permitted without our written permission;
- k) rumours, content based upon rumour, or the unconfirmed statements of other persons are not permitted;
- l) any branch of a company may only be stated as a location on Qype once;
- m) content must comply with any guidelines issues or made available to you from us; and
- n) content may not contain personal data other than that provided as part of the member’s profile.
Qype reserves the right to remove or edit any content at any time without notice or explanation.
We make no representation or warranty that any information on the Site is accurate, complete or up-to-date and, to the fullest extent permitted by law, we accept no liability for any loss or damage caused by any reliance placed on such information by you or anyone to whom you communicate such information.
We operate on a notice and takedown basis. If you believe that any content on the Site contains a defamatory statement, please notify us in writing at the address set out below. Once this procedure has been followed we will use reasonable endeavours to remove the defamatory content complained about within a reasonable time.
You acknowledge that we do not always monitor content submitted by members, but that Qype shall have the right (but not the obligation) in its sole discretion to refuse or remove any content that is available via the Site. You agree that you must evaluate, and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content (in relation to which Qype cannot and does not provide any guarantees).
We cannot guarantee that the Site will operate continuously or without interruptions or be error-free. You must not attempt to interfere with the proper working of the Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt the Site or any computer system, server, router or any other internet-connected device.
We reserve the right to change the Site or any part of it at any time without prior notice. We may suspend access to the Site in order to implement any updates or changes.
We reserve the right to impose limitations on access to the whole or part of the Site at any time without prior notice.
You may download information from the Site for your own personal non-commercial use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission and that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trade mark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.
When posting content and/or with the placing of your photo on the Site, with regard to this content, you give Qype the non-exclusive and fully sub-licensable right, unlimited by either time or region, to use the content and the photo along with the user name which you have chosen.
You agree to be found in a member search using criteria such as sex, age and other public profile information that you have supplied to Qype, unless you specifically disallow this in your account's privacy options.
Qype does not have to pay you any fee for the granting of the user rights described here.
You warrant that:
- you own or otherwise control all of the rights to the content that you post;
- to the extent that content includes photographs or other visual images, you warrant that you have obtained the consent of the subject of such photograph or other visual image (or in the case of persons under the age of 18 their parent or guardian);
- use of the content will not cause injury to any person or entity; and
- the content is not defamatory.
You agree to indemnify us and our affiliates for all claims brought by a third party against us or our affiliates arising out of or in connection with a breach by you of the warranties referenced above.
You are permitted to cancel your membership of Qype at any time without having to provide or comply with a period of notice. Qype is authorised to cancel your Qype membership at any time without having to provide or comply with a period of notice.
After deletion of your user account, Qype reserves the right to keep and use any content which you have previously posted on the Site, such as reviews, business listings, events, comments, etc. This content might be shown without the user name and be displayed as content by a deleted user.
If you are a business owner, the cancellation of your Qype membership does not include the deletion of your business listing from our site. If you are a business owner on Premium Services, you will need to refer to our cancellation policy within our Premium Business Terms & Conditions.
Although it is our intention that this Site will be of interest to users, we accept no liability and offer no warranties or conditions in relation to this Site or its content, to the fullest extent such liability can be excluded by law.
If you are a consumer and not a business user, we shall not be liable to you for any business losses and shall only be liable for any losses which are reasonably foreseeable.
We may provide hyperlinks from this Site to other internet sites which are operated by other organisations. We are not responsible for external websites that link to this Site or which are linked from it. That we include these hyperlinks does not imply any endorsement of the material on such sites or any association with their operators.
We reserve the right at our discretion to prohibit any link from another internet site to materials or information on this Site. Without prejudice to that right, any link to material or information on this Site for which you are responsible must be neither misleading nor deceptive and must fairly indicate www.qype.co.uk as the destination of the link.
We accept liability for death or personal injury caused by our negligence and responsibility for fraudulent misrepresentation and any other liability caused by us that cannot, under English law, be excluded.
Any formal legal notices should be sent to us at the address set out below by email and confirmed by post.
If you need to contact us at any time, please feel free to contact your Qype membership management service by email at: email@example.com