QUDINI LIMITED, a company registered in England and Wales under company number 08121501 whose registered office is at 35 Kingsland Road, London, England E2 8AA hereinafter referred to as ‘Qudini’ or ‘We’ operates the Site at www.qudini.com and the App Site at https://app.qudini.com. In these terms, references to ‘You’ or ‘Your’ shall mean the person visiting the Site or the App Site. We set out the following terms and conditions to govern Your use of the Site or the App Site. By using or visiting the Site or the App Site, You expressly agree to be bound by these terms.
Unless otherwise indicated, all definitions used in the SaaS Subscriber Terms or the Enterprise SaaS Subscriber Agreement as applicable shall apply herein.
You should read the terms carefully and ensure that You understand their effect before proceeding to use the Site or the App Site. If You disagree with any part of the terms, do not use the Site or the App Site. If You violate these terms, Qudini may terminate Your use of the Site or the App Site, bar You from future use of the Site or the App Site and/or take appropriate legal action against You.
1. PERMITTED USE
You may view Site and App Site pages, download Site and App Site pages for caching purposes only, and print Site and App Site pages (excluding images). You agree that You are only authorised to visit, view and to retain a copy of pages of this Site and App Site for Your own personal use and that You shall not duplicate, download, publish, modify or otherwise distribute the material on the Site or the App Site for any purpose other than this.
You may link to our home page, provided You do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Site and App Site in any website that is not owned by You.
Our site must not be framed on any other site, nor may You create a link to any part of our Site or the App Site other than the home page without express permission in writing. We reserve the right to withdraw linking permission without notice.
The content and software on this Site and App Site is the property of Qudini and/or its suppliers/ licensors and is protected by UK and international copyright laws.
2. CHANGES TO OUR SITE AND APP SITE
We may update our Site and App Site from time to time, and may change the content at any time. However, please note that any of the content on our Site and App Site may be out of date at any given time, and We are under no obligation to update it. We do not guarantee that our Site and App Site, or any content on it, will be free from errors or omissions.
3. CHANGES TO OUR TERMS
We reserve the right to make reasonable modifications to these terms at any time without notice by posting the changes on this page. More than minor modifications will be notified to You by SMS or by email or when You next log in to the Site or the App Site, the new terms (or a hyperlink to the new terms) may be displayed on-screen and You may be required to read and accept them to continue. You agree that Qudini will treat Your continued use of the Qudini Services as acceptance of these terms as may be amended from time to time.
4. PROHIBITED USE OF THE SITE OR THE APP SITE
The following uses of the Site or the App Site are strictly prohibited: Any sale, licensing, rental, distribution and any publication, posting, framing, reverse engineering or modification of or creation of derivative works from the Site or the App Site.
You must not use the Site or the App Site in any way that causes, or may cause, damage to the Site or the App Site or impairment of the availability or accessibility of the Site or the App Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the Site or the App Site 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.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Site or the App Site without Qudini’s express written consent.
You must not use the Site or the App Site to transmit or send unsolicited commercial communications. You must not use the Site or the App Site for any purposes related to marketing without our express written consent. Qudini does not warrant the validity and accuracy of information on the Site or the App Site or that the material is kept up-to-date.
By breaching this provision, You would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities.
5. INTELLECTUAL PROPERTY AND OWNERSHIP
Unless otherwise stated, Qudini or its licensors are the exclusive owners of the Intellectual Property Rights in the Site or the App Site and the material on the Site or the App Site which are copyright protected and reserved to Qudini. All of the written correspondence and other documentation provided as part of the Qudini Services is and remains the copyright of Qudini. Under no circumstances should any part of the Qudini Services or materials be reproduced, copied, re-sold, edited, published, transmitted or uploaded or passed on for free use by You in any way without Qudini’s written permission. Except as expressly stated in the limited licence provision of these terms, Qudini does not grant any express or implied right to You under any of its trademarks, copyrights or other proprietary information.
6. PRIVACY AND CONFIDENTIALITY
Qudini does not promise that the Site or the App Site will be error-free, uninterrupted, nor that it will provide specific results from use of the Site or the App Site or any content, search or link on it. The Site or the App Site and its content are delivered on an ‘as-is’ and ‘as-available’ basis. Qudini cannot ensure that files You download from the Site or the App Site will be free of viruses or contamination or destructive features. Qudini disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose. Qudini will not be liable for any Losses of any kind arising from the use of this Site and App Site, including without limitation, direct, indirect, incidental, and punitive and consequential damages. Qudini disclaims any and all liability for the acts, omissions and conduct of any third party users in connection with or otherwise related to Your use of the Site or the App Site.
8. HYPERLINKS AND SEARCH RESULTS
The Site or the App Site may contain hyperlinks or produce search results that reference or link to third party websites throughout the World Wide Web. These are provided for Your ease of reference only and Qudini does not endorse such websites or accept any responsibility for the content of such websites and cannot therefore guarantee, represent or warrant that the content contained in the Site or the App Sites is accurate, legal and/or inoffensive or that they will not contain viruses or otherwise impact Your computer. By using the Site or the App Site to search for or link to another website, You agree and understand that You may not make any claim against Qudini for any Losses, whatsoever, resulting from Your use of the Site or the App Site to obtain search results or to link to another website.
9. LIMITATION OF LIABILITY
To the extent permitted by law, We exclude all conditions, warranties, representations or other terms which may apply to our Site and App Site or any content on it, whether express or implied.
We will not be liable to You for any Losses, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Site and App Site; or,
- use of or reliance on any content displayed on our Site and App Site.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of our Site and App Site or to Your downloading of any content on it, or on any website linked to it.
If it turns out that a particular clause is not enforceable, this will not affect any other clauses.
11. ENTIRE AGREEMENT
These terms together with the:
- App Site User Terms: www.qudini.com/App-site-user-terms/
- Cooking Policy – Corporate Site: www.qudini.com/cookie-policy/corporate-site
- Independent SaaS Subscriber Terms
- Enterprise SaaS Subscriber Terms
- Enterprise SaaS subscriber Agreement
which are incorporated by these references together constitute the entire agreement between You and Qudini in relation to Your use of the Site or the App Site and supersedes any prior representations, inducements or agreements relating to its subject matter.
12. THIRD PARTY RIGHTS
These terms govern the relationship between the You and Qudini and do not create any third party beneficiary rights.
13. LAW AND JURISDICTION
All of these terms are governed by English Law and any disputes arising in relation to these terms and/or the Site or the App Site are subject to the exclusive jurisdiction of the English Courts.