The Qualidad Terms & Conditions
INTRODUCTION
In these Terms and Conditions (hereinafter
“Terms”)
“we”,
“us”,
“our” or the
“Company” refers to The Qualidad Project Management Services, a company holding trade license number 891523, which operates an online platform, through its website (hereinafter
“Website”).
"User(s)" refers to any persons who visit the Website for any reason whatsoever. Any reference to the term “you” shall refer to Users.
Upon accessing the Website, including any version of this website that has been amended to geographically suit its Users, you will be asked to consent to being bound by these Terms as well as our Privacy Policy. Users are hence advised to review these Terms and our
Privacy Policy prior to use of the Website. If a User does not wish to consent to our Terms and/or Privacy Policy, we reserve the right to refuse access to the Website and the services to that User.
Users shall use the Website to learn about the Company and any services it is currently advertising, offering or otherwise providing including, without limitation, mystery shopping, benchmarking, phone call audits, journey mapping, customer satisfaction surveys, online customer service, consultancy, overall performance analysis, and customised solutions (hereinafter “Services”).
Users can use the contact information presented on the Website, or submit an inquiry, to get in touch with any personnel or staff of the Company to purchase Services. Use of any Services or material provided by the Company upon express request by any User will be subject to payment, unless otherwise expressly agreed by the Company in writing.
Any Users of the Website hereby understand and acknowledge that the Website is solely for exchanging information pertaining to the Services.
We reserve the right to amend these Terms at any time without notice and the User’s continued use of the Website following the amendments represents the Users’ agreement to be bound by the Terms as amended. It is hence the responsibility of each User to review these Terms regularly while using the Website.
The contents of the Website, such as text, graphics, images, information obtained from the Company’s licensors, and other material displayed on the Website (hereinafter “Content”) are for informational purposes only.
The Company does not recommend or endorse any specific processes, opinions, or other information that may be mentioned on the Website. Reliance on any information provided by the Company, its affiliates or otherwise is solely at your own risk.
The Website may include advertisements with external links on third-party websites (hereinafter “External Sites”). We do not investigate, review, endorse, represent or control the content of any of External Sites, unless otherwise expressly stated in these Terms. We shall not be held responsible or assume any liability towards the content displayed on External Sites. External Sites may collect your data, send cookies, solicit personal information or otherwise and you are responsible for reviewing the External Site’s to terms and conditions and privacy policy and you hereby acknowledge that you access, browse, link and/or bookmark the External Sites at your own risk.
We may also select certain websites as priority responses to search terms that you enter, and we agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. We do not recommend, nor do we endorse the content on any third-party websites. We are not responsible for the content of linked third-party websites, websites framed within our Website, third-party websites provided as search results, or third-party advertisements, and do not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. We do not endorse any service advertised on the Website.
Users agree not to use the Website in any way or action that may:
- cause damage to, or impair the performance of the Website, inclusive of its availability and accessibility to Users and the Company;
- be illegal, fraudulent or harmful to any person or company in any direct or indirect manner; and
- use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
Users agree that they shall not engage in any of the following activities in connection with your use of the Website:
- post information on the Website that is obscene, defamatory, threatening or malicious in nature or any other material that is prohibited by law;
- publish any copyright material, or material protected by any other intellectual property rights, unless legal right to use and post such material has been obtained and is valid at the time of posting;
- infringe or use the Company’s brand, logo(s) and/or trademark(s) in any business name, e-mail, URL or other context unless expressly approved in writing by the owner of the intellectual property as applicable;
- attempt to circumvent any protective technological measure associated with the Services;
- attempt to access or search the Website or any Content contained therein through the use of any engine, software, tool, agent, device or mechanism (including scripts, bots, spiders, scraper, crawlers, data mining tools or the like) other than through software generally available through web browsers;
- post, upload, transmit or otherwise distribute chain letters, pyramid schemes, advertising or spam;
- impersonate or misrepresent your affiliation with another person or entity;
- harvest or otherwise collect information about others, including telephone numbers;
- interfere with or disrupt any of the associated computer or technical delivery systems;
- interfere with, or attempt to interfere with, the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Website; and
- use the Website, or any Content on the Website in any manner not permitted by these Terms.
The User acknowledges that the Company may store, record or document any information exchanged between Users and the Company and that the Company uses the most up-to date applications and security systems to ensure that all data entered online, through the Website, is encrypted.
Users must ensure the accuracy and authenticity of any and all the information they supply to us through the Website including, but not limited to personal data as well as information supplied by the User on behalf of any third-party the User wishes to refer to the Company.
Users accept responsibility for the quality of any information supplied in any form, whether text, audio, video, or as images. We shall not be held responsible for any misinterpretation of information due to unclear images, videos or audio or ambiguously worded text.
The User acknowledges that the Company will process personal data including but not limited to names and e-mail addresses in order to provide the Services, make improvements to the Website and prevent unauthorised use of Website.
The User agrees the Company is not responsible now or at any time in the future for any unauthorised access including, but not limited to any virus or other harmful code that may infect the User’s computer, tablet, smartphone or any other such device as a result of using the Website.
The User shall be responsible for obtaining, maintaining and setting up any equipment and/or hardware required to access and use the Website and the User shall take responsibility for the protection of this equipment and/or hardware by using up to date virus protection, personal firewalls and any other suitable measures the User deems necessary.
The User understands that the Company cannot be held liable in the event the Website transmits information that has been accessed, altered and/or corrupted.
The User accepts that the Company may be required to suspend access to the Website for periodic maintenance or unforeseen downtime and may do so at its own discretion without serving notice.
All interactions between Users and the Company must be carried out in a responsible, ethical, professional and legal manner.
We may (but are not obligated to) do any or all of the following without notice:
- record or pre-screen submissions to public areas within the Website;
- investigate your use of the Website as we deem appropriate to comply with any applicable law, regulation, government request or legal process;
- terminate your access to the Website upon our determination that you have violated these Terms; and
- edit the Website and any Content without notice.
The Services advertised on the Website shall be made available to Users of the minimum age of eighteen (18). We are committed to protecting the privacy of children. Hence, we do not encourage persons under the age of 18 (“Child”) to use the Website. If a Child would like to avail of the Services offered by the Company, he/she should take the assistance of a parent/guardian/adult authorised with that Child’s supervision. We do not personally collect identifiable information from any person we know is a Child.
While using the Website, you make the following representations and warranties to the Company:
- you are eighteen (18) years of age or older and are legally allowed to use the Website (if and as required);
- you acknowledge and understand that you are solely responsible for any information you may choose to disclose to the Company; and
- you will not commercialise the Services.
Subject to the express provisions of these Terms:
- we own and control all the copyright and other intellectual property rights in the Website and the material used on the Website; and
- all the copyright and other intellectual property rights in the Website and the material used on the Website are reserved by us.
All materials posted on the Website or submitted by the Users to the Company are protected by the relevant copyright laws. We authorise you to view or download a single copy of the material on the Website solely for your personal, non-commercial use if you include the copyright notice located at the end of the material, for example: “©2023, The Qualidad. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Website may be included and are incorporated into these Terms by reference.
Any use of the materials not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of the Company. All rights not expressly granted herein are reserved to the Company and its licensors.
If you violate any of these Terms, your permission to use the materials automatically terminates and you must immediately destroy any copies you have made of any part of the materials.
Users are responsible for taking all reasonable steps to ensure that no unauthorised person receives access to your passwords or accounts. You grant us and all other persons or entities involved in the operation of the Website and the Company a right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Website. We cannot and do not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using Website tools and services.
When a User visits the Website or sends us e-mails, they are communicating with us electronically, and they hereby consent to receive communications from us electronically. We will communicate with Users by e-mail. Users agree that all agreements, notices, disclosures and other communications that we provide to Users electronically satisfy any legal requirement that such communications be in writing. Users agree to provide us with their current and active e-mail address.
We may share Users’ personal information with the Company’s affiliates and partners and third parties licensed to access User personal information. We sometimes provide aggregated usage or tracking information collected from the Website to third parties. We may also provide certain User personal information to third parties which provide services to us in operating the Website or our businesses, such as account services, web hosting, software development and information processing.
We do not warrant or represent:
- the completeness or accuracy of the information published on the Website; and
- that the Website, in whole or in part, will remain accessible and available for use.
We reserve the right to discontinue, alter, modify, change or otherwise, all or any part of the Website, and to stop publishing at any time, at our sole discretion, without any notice or explanation. As a result of any discontinuation, alteration, modification, change or otherwise, Users shall not be entitled to any form of compensation or other payment upon any such discontinuance or alteration of the Website.
We hereby exclude any and all other representations and warranties relating to the subject matter of these Terms, the Website and use of the Website in any manner other that expressly stated herein.
In no event shall the owners, directors, employees, agents, or licensors of the Company be held liable for any loss or damages of any kind including, without limitation, lost business, personal injury, inaccurate information, or any other loss incurred in connection with the Users use, misuse, or reliance upon the Website or the Content, or their inability to use the Website , regardless of the cause and whether arising in contract, tort (including negligence), breach of statutory duty or otherwise.
Our Website and its Content shall not be used for medical emergencies or urgent health matters.
We will not be held liable for any Content uploaded onto or downloaded from the Website. Any Content uploaded to or downloaded from the Website shall be the sole responsibility of the Users. The Company shall not be held liable for any Content which has been lost, stolen, destroyed, or otherwise whether uploaded to or downloaded from the Website with or without the consent of the Users.
We shall not be held responsible for the quality, accuracy or legitimacy of any information provided to (a) the Company from Users or (b) to Users through the Website. You hereby acknowledge and agree that your acceptance of information provided to the Company is of your own choice and we shall not be held liable for any loss or damage resulting from your reliance on any information, conversations or Content thereof made available to you.
Users accept that we have an interest in limiting the personal liability of our partners, officers, employees and representatives and, having regard to that interest, Users agree that they will not bring any claim against the Company or any of our partners, officers, employees and/or representatives in respect of any losses they suffer in connection with the Website or these Terms.
We reserve the right to ban, disqualify, or otherwise restrict access to the Website of any User who has been found to have violated the Terms herein, under the sole discretion of the Company, or who is otherwise found to have violated any laws or regulations of any relevant governing authority with regards to appropriate online conduct and behaviour.
Users agree that we may, under certain circumstances and without prior notice, discontinue, temporarily or permanently, the Website (or any part thereof) and remove any Content that has been made available to you through the Website , with or without notice, for any of the following reasons (which are not intended to be exclusive):
- breaches or violations of these Terms or other incorporated agreements or guidelines entered into with the Company;
- requests by law enforcement or other government agencies;
discontinuance or material modification to the Services (or any part thereof);
- technical or security issues or problems;
- extended periods of inactivity; and/or
- your engagement in fraudulent or illegal activities.
- Users agree that all terminations for cause shall be made at our sole discretion, and we shall not be liable to you or any third-party for any termination of your account or access to the Website.
The Website and its Content are provided on an “as is” basis, without warranty of any kind, either express or implied. Without limiting the foregoing, we expressly disclaim any warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade.
We make no warranty that the Website or the Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty as to the accuracy, timeliness, completeness or reliability of any Content obtained through the Website. No information provided through the Website or by us in oral or written form will create any warranty not expressly made herein your reliance upon the Content obtained or used by you through the Website is solely at your own risk.
You understand that we do not assume responsibility for screening any User of the Website nor do we provide professional advice.
Users agree to defend, indemnify, and hold each of us and our respective officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your access to or use of the Website and the Content, or your violation of these Terms.
If any court or competent legal authority decides that any of the provisions or paragraphs of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining Terms, which will continue to be valid to the fullest extent permitted by applicable law.
If we fail to insist upon strict performance of any of the Users obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this will not constitute a waiver of such rights or remedies and will not relieve Users from compliance with such obligations.
Waiver by us of any particular default(s) will not constitute a waiver of any subsequent default(s).
This contract is between the Users and us. No other party shall have any right to enforce any of its Terms, unless expressly stated in these Terms, or authorised in writing by the Company.
If Users wish to contact us in writing, or if any Clause in these Terms requires a notice in writing, they may send us an email at info@thequalidad.com or a message via the Website at https://thequalidad.com/contact-us/. We will confirm receipt of any e-mail and/or message by responding to the User in writing by e-mail.
FORCE MAJEURE
We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control including (without limitation) Acts of God, internet failure, malfunction of data/database/software or otherwise, fire, flood, severe weather, explosion, war, act of terrorism, industrial dispute (whether or not involving the Company’s employees) or acts of local or central government or other competent authorities.
GOVERNING LAW AND JURISDICTION
These Terms shall be governed by, and construed in accordance with, the laws of the Dubai International Financial Centre (hereinafter
“DIFC”).
The Parties irrevocably agree that the DIFC Courts shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).