The terms and conditions of use shown here (hereinafter referred to as the "Agreement") is between you and QTix and governs use of this app made available through the App Store and other websites. By installing or otherwise accessing the software application QTix (QueueTix)™ (“Application”), you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. When you use the Application you must comply with all applicable laws and with any applicable international laws, including the local laws in your country of residence (together referred to as “Applicable Laws”). If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the Application.
You agree that when using the Application you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to:
(a) Use the Application in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement;
(b) Attempt to gain unauthorized access to the Application or any networks, servers or computer systems connected to the Application; or
(c) Modify, adapt, translate or reverse engineer any part of the Application or re-format or frame any portion of the pages comprising the Application, save to the extent expressly permitted by these Terms or by law.
The copyright in all material contained on, in, or available through the Application including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material“) is owned by or licensed to QTix or its group companies. All rights are reserved. You can view, print or read of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without QTix’s express permission.
The trademarks, service marks, and logos (“Trade Marks“) contained on or in the Application are owned by QTix or its group companies or third party partners of QTix. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of QTix or the relevant group company or the relevant third party partner of QTix .
3. Limited License
QTix grants you a limited, non-exclusive, non-transferable, revocable license to use the Application for your personal, non-commercial purposes. You may only use the Application on devices that you own or control and as permitted by the App Store Terms of Service.
4. Age Restrictions
By using the Application, 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 Application does not violate any applicable law or regulation. Your access to the Application may be terminated without warning if QTix 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 Application, you agree to be bound by this Agreement in respect to your child’s use of the Application.
5. Objectionable Content Policy
Content may not be submitted to QTix, 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, libellous, 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.
QTix disclaims all warranties about the Application to the fullest extent permitted by law. Use of the Application is at your own risk. The Application is provided on an “as is” basis. To the maximum extent permitted by law: (a) QTix disclaims all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to the Application; and (b) all implied warranties, terms and conditions relating to the app (whether implied by statue, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose or any special purpose, availability, non infringement, information accuracy, interoperability, quiet enjoyment and title are, as between QTix and you, hereby excluded. In particular, but without prejudice to the foregoing, we accept no responsibility for any technical failure of the internet and/or the Application; or any damage or injury to users or their equipment as a result of or relating to their use of the Application. Your statutory rights are not affected.
QTix will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the Application, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss.
7. Maintenance and Support
QTix does provide limited maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, QTix shall be obligated to furnish any such maintenance or support.
8. Product Claims
QTix, not Apple or Google, is responsible for addressing any claims by you relating to the Application or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the Application 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.
9. Third Party Intellectual Property Claims
QTix shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Application. To the extent QTix is required to provide indemnification by applicable law, QTix shall be solely responsible for the investigation, defence, settlement and discharge of any claim that the Application or your use of it infringes any third party intellectual property right.
10. Service suspension
QTix reserves the right to suspend or cease providing any services relating to the Application published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.
11. Advertisers in the Application
We accept no responsibility for adverts contained within the Application. If you agree to purchase goods and/or services from any third party who advertises in the Application, you do so at your own risk. The advertiser, not QTix, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.
This Agreement may be updated from time to time for any reason. We will notify you of any changes to our Agreement by posting the new Agreement here. You are advised to consult this Agreement regularly for any changes, as continued use is deemed approval of all changes.
Affiliate means in relation to a party, each and any subsidiary or holding company of that party and each and any subsidiary of a holding company of that party or any business entity from time to time controlling, controlled by, or under common control with, that party.
Intellectual Property Rights means all intellectual property rights including current and future registered and unregistered rights in respect of copyright, designs, circuit layouts, trademarks, trade secrets, know-how, confidential information, patents, invention and discoveries and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967.
Representative of a party includes an employee, agent, officer, director, auditor, reinsurers, advisor, partner, consultant, contractor or sub-contractor of that party.
Services means the services, including Application, materials or documents, provided or to be provided by the QTix.