Between PubQ, 559057-4843, (the “Company”) and End Users
This license agreement (“Agreement”) is a binding agreement between you as an end user (“you”, “your” or “End User”) of the software application (“Application”) and the Company. This Agreement governs the use of PubQs services, as defined below, and all related documentation. PubQ’s services are licensed, and not sold, to the End User.
By downloading/installing or using the Application, you confirm that you: (a) have read and understood this Agreement; (b) are 18 years of age or older; and (c) agree to the contents of the Agreement and to such contents being binding on you. If you do not agree to these terms, you should not download, install or use the Application and you should delete it from your Mobile Device.
PubQ’s services (the “Services”) include a cloud-based application and service platform for ordering and payment services intended for small-value transactions that enables the End User to carry out ordering and payment via their mobile devices. The End User’s use of the Services is also governed by the agreements entered into by the End User with the issuer of its debit/credit card as well as with other companies whose payment tools are linked to the Services.
Definitions
The term “Application” refers to the downloadable software offered by the Company through which the End User’s account with the Company is made available.
The term “de-identified” refers to data that has been processed to remove, obscure, encrypt, anonymize or aggregate identifying information such that it is not possible, with reasonable effort, to attribute such information back to you.
The term “Company” refers to PubQ, 559057-4843.
The term “Company Data” refers to all information, including but not limited to data, analyses, measurements, reports, trends and metrics, generated, inferred, derived, based on or related to End User Data.
“PubQ” refers to the software and platform that you can access through the Application and your account provided and maintained by or on behalf of the Company.
The term “Merchant” refers to a legal entity that provides goods or services and, by agreement with the Company, accepts orders and payments through the Services.
The term “Mobile Device” refers to a smartphone, tablet or other mobile computing device on which the Application can be or is installed.
The term “End User Data” refers to data that you have entered or uploaded to the Services.
The term “Services” refers to the mobile ordering and payment services, including the PubQ services and all related services provided by the Company.
Grant of License
The Company provides the Services to you as an End User through the Application. Subject to your compliance with the terms and conditions of this Agreement, the Company grants you a personal, limited, terminable, non-exclusive, non-transferable license to: download, install and use the Application for your personal, non-commercial purposes on your Mobile Device in accordance with the Application’s documentation; and to access the use of the Services available through the Application on a Mobile Device in accordance with this Agreement. limitations of the license As an End User, you are not allowed to: copy the Application; modify, translate, adapt or otherwise develop derivative works or improvements to the Application; disassemble, decompile, reverse engineer or otherwise attempt to derive or access the source code of the Application, the Services or any portion thereof; remove, alter or conceal any trademarks or copyrights, patents or other intellectual property rights from the Application or the Services; rent, lease, loan, sell, sublicense, assign, distribute, publish, publicly perform or display, transfer or otherwise make available the Application, the Services or any other feature or functionality of the Application or the Services to any third party, including by making the Application or the Services available on a network where it can be accessed by more than one device at any one time; remove, disable, or otherwise in any way circumvent the copy protection, rights management (or DRM) systems or security features in or protecting the Application; or, upload or introduce viruses, trojans, worms, spyware, malware, time bombs or other harmful elements to the Services. You are responsible for keeping your login details (username and password) confidential and not sharing them with unauthorized users. Should you disclose your login details to anyone, you will be responsible for any use of the Services as well as any additions, deletions and modifications to your End User Data.
Reservation of intellectual property rights
You acknowledge that the Application is made available under license and that it has not been sold to you. You do not acquire any ownership interest in the Application under this Agreement or any other rights to the Application other than the right to use the Application in accordance with the license granted to you and subject to all conditions and limitations under this Agreement. The Company and its licensors and service providers each reserve all rights to the Application and Services, including but not limited to software, trademarks and copyrights. All rights not expressly granted in this Agreement are reserved by the Company and/or its service providers. The Company owns all rights to the functionality, features, modifications or adjustments of the Application.
Payment
By registering a debit/credit card or other means of payment linked to the Services, you authorize the Company to charge the card when you authorize a transaction or when an automatic payment is made. You are responsible for providing the Company with accurate and up-to-date information regarding the registered card.
Transactions
You are responsible for all transactions made and authorized in the Application through your account. By authorizing a transaction, you consent to the Company being debited the applicable amount. You are also responsible for ensuring that the registered card is in good standing and that no credit limit is exceeded when you authorize the transaction.
Delivery of goods by any of the delivery methods supported by the Service is subject to your choice at the time of payment. These delivery methods may mean that you will need to pick it up at the counter, have it served to your table or delivered to your location. All deliveries are made on the same day as the payment is made.
When a transaction is authorized by you, it means that the Company receives an irrevocable payment order from you with immediate effect. Upon receipt of the payment order, the Company executes the transaction and the transaction amount is transferred to the beneficiary with immediate effect after clearing by the relevant bank. After receipt of the payment order by the Company, it is not possible for you or the Company to withdraw the transaction. Any request to withdraw the transaction should therefore be addressed directly to the Merchant. The Company reserves the right to refuse a transaction if the Company has reasonable grounds to believe that the transaction is in breach of this Agreement or Swedish law.
Complaints regarding goods and services
The Company is liable to the End User for any errors, delays and other circumstances relating to the purchased goods or services. Complaints and claims (including claims for reimbursement) are to be submitted to the Company.
Reimbursement from merchants
Reimbursements shall always be provided by the Company. No claims for reimbursement may be submitted directly to the Merchant. Credits or refunds are to be issued as soon as possible.
Liability for unauthorized transactions
If an unauthorized transaction has been made as a result of the End User’s failure to protect their password or the Services have not been used in accordance with the Agreement, the End User is liable for the full amount of the transaction. The End User shall not be liable for any amount resulting from unauthorized transactions made after the Company has received notification regarding the blocking of the Services. However, this does not apply if the End User has contributed to the unauthorized transaction through fraudulent conduct. The End User is also liable for the full amount charged to the Company if the End User fails to notify the Company without undue delay once the End User becomes aware of the unauthorized transaction.
Data that you provide to us, such as when creating or updating your account, signing up to use the Application, requesting services from us, requesting information from us, contacting our customer service or otherwise communicating with us. The data may include your name, home and delivery address(es), email address, mobile phone number, date of birth and gender.
Collection and use of your data You acknowledge that when you download, install or use the Application and/or the Services, the Company may automatically (including by way of, for example, cookies and web beacons) collect information about your Mobile Device and about you or your use of the Application (which is covered by the definition of End User Data). You may also be required to provide certain details about yourself as a condition for downloading, installing or using the Application or specific features or functions. You confirm that you will provide true, accurate, current and complete information about yourself and that you will notify the Company of any changes to such information if necessary. Providing information that is untrue, inaccurate or incomplete is a breach of the terms of this Agreement. All information the Company collects through or in connection with this Application and your use of it is subject to PubQ’s privacy policy, which is available at www.PubQ.se and which may be amended from time to time (“Privacy Policy”). By downloading, installing, using and providing information to or through this Application, you consent to all uses and actions taken by the Company with your personal information in accordance with the Privacy Policy.
Ownership and use of data
All ownership rights in and to the Application shall remain solely with the Company and its licensors, whichever is applicable. This Agreement does not grant any implied license or right that is not expressly stated in this Agreement.
End User Data. In connection with the provision of the Application, the Company may collect and store End User Data provided by you. You own all End User Data. The Company shall ensure that End User Data that is personal data is kept confidential, in accordance with the Privacy Policy. All third parties authorized by the Company that have access to End User Data shall be bound by confidentiality and store End User Data confidentially in accordance with the Privacy Policy. You hereby acknowledge and authorize the Company to process your End User Data that is personal data in accordance with the Privacy Policy.
Company Data. All Company Data, which is not considered personal data under any current legislation on the processing of personal data, is the property of the Company and the Company has the right to use, collect, store, create, aggregate, analyze, modify, commercialize, assign, transmit, sell, or transfer Company Data in any form, for any purpose and by any means. All Company Data that is considered personal data is subject to the reservations and limitations set out in the Company’s Privacy Policy and other commercial agreements to which the Company is a party.
Updates. The Company may choose to develop and provide updates to the Application that may include upgrades, bug fixes and other amendments and/or new features (collectively, including related documentation, referred to as “Updates”). Updates may also change or remove specific functionalities and/or features in their entirety. You acknowledge that the Company has no obligation to provide Updates or to continue to provide or enable specific features or functionalities of the Application. Based on your Mobile Device’s settings, when the Mobile Device is connected to the Internet, it will either:
automatically download and install all available updates; or notify you of available updates or prompt you to download and install available updates. In order to take full advantage of the program, you are required to promptly download and install all Updates. You acknowledge that the Application or parts of the Application may not function properly if you do not download the latest Updates. You further acknowledge that all Updates shall be considered part of the Application and subject to all terms and conditions of this Agreement.
Third Party Materials
The Application may display, include or make available third party materials (including data, information, applications and other products and/or materials) or provide links to third party websites or services, including by way of third party advertising (“Third Party Materials”). You accept that the Company is not responsible for Third Party Materials, including but not limited to their completeness, up-to-datedness, validity, copyright compliance, legitimacy, quality or otherwise. The Company has no liability for Third Party Materials to you or any other person. Third Party Materials and links to them are provided solely as a service to you and you access and use them entirely at your own risk and subject to the third party’s terms and conditions.
Duration and termination of the agreement
The Agreement becomes effective when you download/install the Application or confirm acceptance of the Agreement and will remain in force until terminated by you or the Company in the manner set forth in the Agreement.
You can terminate the Agreement by contacting the Company by phone or email using the contact details in the Privacy Policy or on the Company’s website and requesting the Company to close your account. If you terminate your account, the Company will no longer use your data nor will it share it with third parties.
The Company may terminate this Agreement at any time without notice if the Company ceases to support the Application altogether. The Company may also immediately terminate the Agreement with or without notice if you substantially breach any of the terms of the Agreement.
all your rights under this Agreement will cease; you must cease all use of the Application and delete all copies of the Application from your Mobile Device; and your access to the Company’s services, your account and your End User Data will cease. Termination will not limit any of the Company’s rights or access to legal processes under law.
Limitation of liability The Company does not guarantee that the Services will always be available or that a transaction will always be possible when using the Services. Thus, the Company will not reimburse any costs that may arise as a result of your inability to use the Services or carry out a transaction.
In no event shall the Company be liable for any services or commitments provided or made by Merchants, banks, card issuers or others in connection with the performance of the Services.
The Company shall not be liable for any disruptions, deletions of files or e-mails, errors, malfunctions, viruses, delays in operations or transmission or failure of performance if the Company can demonstrate that such failure was caused by an impediment beyond the Company’s control.
The Company is not liable for indirect damage or loss unless the damage or loss is caused by gross negligence on the part of the Company.
Apple applications These terms incorporate and supplement the Apple, Inc. (“Apple”) general terms and conditions available at https://www.apple.com/legal/internet-services/itunes/us/terms.html#service, including the End User License Agreement for Licensed Applications (“Apple Terms”). If you use the Services through the Apple application, you further acknowledge and agree to the following:
For maintenance and support issues relating to the Apple Application, you should contact the Company and not Apple; all claims relating to the possession or use of the Apple Application apply to the Company and not to Apple; in the event that any unrelated third party claims that the possession or use of the Apple Application in accordance with these terms and conditions infringes that third party’s intellectual property rights, Apple shall have no liability to you in respect of such claims. In the event that the Application does not comply with the applicable Apple warranty, you should contact Apple for any refund of fees paid in accordance with Apple’s terms upon signing the license. Otherwise, except to the extent required by law, Apple makes no warranties or other commitments with respect to the Apple Application and is not liable to you for any claims, losses, costs or charges in relation to the Apple Application or as a result of your or anyone else’s use of the Apple Application or because you or anyone else relied on any content of the Apple Application.
Applicable LAW
This Agreement is governed by and construed in accordance with the laws of Sweden without regard to conflict of laws rules.
Messages
The Company may send personal details, messages, information, reports, documents, communications or other records relating to the Services (collectively “Messages”) to the End User in electronic form. The Company may send electronic messages to the email address provided by the End User during registration, as a text message to the telephone number provided by the End User, as a message on the Application or otherwise via the website. The delivery of a message from the Company is deemed to have occurred upon sending by the Company, regardless of whether the End User reads the message upon receipt or whether they actually receive it.
Full agreement
This Agreement constitutes the entire agreement between the End User and the Company regarding the Application and use of the Services and supersedes all prior or current understandings and agreements, whether written or oral. A party’s failure to apply any term or condition of the Agreement shall not constitute a waiver of any right under the Agreement, nor shall such failure cause the party to lose the right to subsequently enforce the term or condition in question or any other term or condition of the Agreement. If any provision of this Agreement is invalid or unenforceable, the remainder of the provision shall be amended to achieve a result as close to the original term as possible. Other provisions of this Agreement shall remain in full force and effect.
Prices
All prices in the application are inclusive of VAT (Value Added Tax).