Terms of Use
End user agreement
Between PubQ, 559057-4843, ("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 ("the Application ") and the Company. This Agreement governs the use of PubQs services as defined below and all related documentation. PubQs 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 that its contents are binding on you. If you do not agree to these terms, do not download, install or use the Application and delete it from your Mobile Device.
The PubQ Services (the " Services ") contain a cloud-based application and service platform for ordering and payment services intended for transactions of smaller amounts that enable the End User to carry out ordering and payment using their mobile devices. The End User's use of the Services is also governed by the End User's agreement with his bank or bank / credit card issuer and other companies whose means of payment are connected to the Services.
Definitions
"Application " means the downloadable software that the Company offers and through which the End User's account with the Company is made available.
" Deidentified " means data that has been processed to delete, conceal, encrypt, anonymize or aggregate identifying information so that it is not possible, with reasonable effort, to attribute such information back to you.
"Company" means PubQ, 559057-4843.
" Company data " means all information, including but not limited to data, analyzes, measurements, reports, trends and measurement values, generated, derived, based on or related to End User Data.
" PubQ " means the software and platform that you can access via the Application and your account provided and maintained by or on behalf of the Company.
"Merchant" means a legal person who provides goods or services and who, by agreement with the Company, receives orders and payments via the Services.
" Mobile device " means a smartphone, tablet or other mobile computer device where the Application can be installed or is installed.
" End User Data " means data that you have entered or uploaded to the Services.
" Services " means the mobile ordering and payment services, including the PubQ services and all related services provided by the Company.
Licensing
The Company provides the Services to you as an End User through the Application. Provided that you comply with the terms 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 access the use of the Services available through the Application on Mobile Device in accordance with this Agreement.
License restrictions
As an End User, you may not: copy the application; modify, translate, adapt or otherwise prepare derivative works or improvements to the Application; disassemble, decompile, decode (so-called reverse engineer) or otherwise attempt to derive or access the source code for the Application, the Services or any part thereof; remove, alter or conceal trademarks or copyrights, patents or other intellectual property rights from the Application or the Services; rent, borrow, sell, sublicense, assign, distribute, publish, publish or display, transfer or otherwise make available the Application, Services or any other function or functionality of the Application or Services to any third party, including by making the Application or Services available on a network where at any one time it can be accessed by more than one device; remove, disable, or otherwise circumvent the copy protection, rights management system (DRM system) or security features in or protecting the Application; or, upload or introduce viruses, trojans, worms, spyware, malware, time-bombs or other malicious components into the Services You are responsible for keeping your login information (username and password) confidential and not sharing it with unauthorized users. If you disclose your login information to anyone, you are responsible for all use of the Services as well as any additions, deletions and changes to your End User Data.
Subject to intellectual property rights
You agree that the Application is provided 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 rights to the Application other than a right to use the Application in accordance with the license granted subject to all terms and conditions under this Agreement. The Company and its licensors and service providers each reserve all rights to the Application and the 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, functions, modification or adaptation of the Application.
Payment
By registering a bank / credit card or other means of payment linked to the Services, you give the Company the right to debit the card when you approve a transaction or when the automatic payment is made. You are responsible for providing the Company with correct and current information regarding registered cards.
Transactions
You are responsible for all transactions made and approved in the Application via your account. By approving a transaction, you agree that the current amount will be debited to the Company. You are also responsible for ensuring that there is coverage on the registered card and no credit limit is exceeded when you approve the transaction.
Utlämning av varor genom något av de leveranssätt som Tjänsten stödjer sker beroende på vilket val Du gjort vid betalningstillfället. Dessa leveranssätt kan innebära att du måste hämta vid disk, få det serverat till bordet eller utkört till den plats där du befinner dig. Alla leveranser sker samma dag som betalningen utförs
When a transaction is approved by you, it means that the Company with immediate effect receives an irrevocable payment order from you. When the Company has received the payment order, the Company executes the transaction and the transaction amount is transferred to the recipient with immediate effect after clearing by the bank concerned. After the Company's receipt of the payment order, it is not possible for you or the Company to revoke the transaction. Any request to revoke the transaction must therefore be directed to the Merchant. The Company reserves the right to refuse a transaction if the Company has reasonable grounds to assume that the transaction is in violation 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 conditions regarding the purchased product or service. Complaints and claims (including claims for repayment) shall be directed against the Company.
Refund from merchants
Repayment must always be made from the Company. No refund claims may be made directly to the Dealer. Credit or repayment must be made as soon as possible.
Liability for unauthorized transactions
If an unauthorized transaction has been carried out as a result of the End User's failure to protect his password or the Services have not been used in accordance with the Agreement, the End User is responsible for the entire transaction amount. The end user is not responsible for amounts as a result of an unauthorized transaction that has been carried out after the blocking notification regarding the Services has been made to the Company. However, this does not apply if the End User has contributed to the unauthorized transaction through fraudulent conduct. The End User is also responsible for the entire amount charged to the Company if the End User has failed to notify the Company without undue delay after the End User has become aware of the unauthorized transaction.
Collection and use of your information
You confirm that when you download, install or use the Application and / or the Services, the Company may automatically (including through cookies and web beacons) collect information about your Mobile Device and about you or your use of the Application (which is included in the definition of End User Data). You may also be required to provide certain information about yourself as a condition of downloading, installing or using the Application or any of its features or functionality. You confirm that you will provide truthful, 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, incorrect or incomplete is a violation of the terms of this Agreement. All information The Company collects through or in connection with this Application and your use of it is covered by PubQ's personal data policy, which is available at www.PubQ.se and which can be updated from time to time (“ Personal data policy ”). By downloading, installing, using and providing information to or through this Application, you consent to all use and the measures that the Company takes with your information in accordance with the Personal Data Policy.
Ownership and use of data All ownership in and to the Application shall remain exclusively with the Company and its licensors, in each case. This Agreement does not grant the right to any implied license or right not expressly set forth 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 must ensure that End User Data, which is personal data, is stored confidentially, in accordance with the Personal Data Policy. All third parties approved by the Company who have access to End User Data shall be bound by confidentiality and store End User Data confidentially in accordance with the Personal Data Policy. You agree and hereby grant the Company the right to process your End User Data which is personal data in accordance with the Personal Data Policy.
All Company Data, which is not to be regarded as personal data in accordance with current legislation for the processing of personal data, is the Company's property and the Company has the right to use, collect, store, create, aggregate, analyze, change, commercialize, assign, convey, sell , or transfer Company Data in any form, for any purpose and in any way. All Company Data that is to be regarded as personal data is covered by the reservations and restrictions specified in the Company's Personal Data 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 corrections and / or new features (collectively, including related documentation, " Updates "). Updates may also change or remove certain functionality and / or certain features in their entirety. You agree that the Company has no obligation to provide Updates or continue to provide or activate special features or certain functionality in 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. To take full advantage of the program, you must immediately download and install all Updates. You acknowledge that the Application or parts of the Application may not work properly if you do not download the latest Updates. You further agree that all Updates shall be deemed to be part of the Application and are subject to all terms of this Agreement.
Third party material
The Application may display, include or make available third party material (including data, information, applications and other products and / or materials) or provide links to third party websites or services, including through third party advertising (" Third Party Material "). You accept that the Company is not responsible for Third Party Materials, including in terms of its completeness, timeliness, validity, compliance with copyright, legality, quality or otherwise. The Company has no responsibility for Third Party Materials towards you or any other person. Third party materials and links to these are provided solely as a service to you and you access and use them entirely at your own risk and subject to third party terms.
Contract period and termination
The Agreement becomes effective when you download / install the Application or confirm approval of the Agreement, and will remain in effect 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 telephone or e-mail in accordance with the contact information in the Personal Data Policy or on the Company's website and request that the Company terminate your account. If you terminate your account, the Company will no longer use your information and will not share it with third parties.
The Company may at any time terminate this Agreement without prior notice if the Company ceases to support the Application in general. The Company may also immediately terminate the Agreement with or without notice if you materially violate any of the terms of the Agreement.
Upon termination:
all your rights under this Agreement will cease; you must stop 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 restrict any of the Company's rights or access to legal action under law.
Limitation of liability The Company does not guarantee that the Services are always available or that it is always possible to complete a transaction when you use the Services. The Company thus does not reimburse any costs that may arise as a result of you not being able to use the Services or complete a transaction.
The company is not responsible in any case for services or commitments that in connection with the performance of the Services are provided or made by Merchants, banks, card issuers or others.
The Company is not responsible for interruptions, deletion of files or e-mails, errors, defects, viruses, delays in operations or transmission or failed performances if the Company can show that the error was caused by an obstacle beyond the Company's control.
The Company is not liable for indirect damage or loss unless the damage or loss was caused by gross negligence on the part of the Company.
Apple applications These Terms incorporate and supplement Apple, Inc. (" Apple ") Terms and Conditions available at https://www.apple.com/legal/internet-services/itunes/us/terms.html#service , including License Agreement for End Users of Licensed Applications, (" Apple's Terms " ) ). If you use the Services through the Apple application, you further agree to and accept the following:
For questions about maintenance and support regarding the Apple Application, please 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 outside third party claims that the possession or use of the Apple Application in accordance with these terms infringes the intellectual property rights of the third party, Apple has 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 when signing the license. Otherwise, except as required by law, Apple makes no warranties or other representations 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 has relied on any of the contents of the Apple Application.
Regarding 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 information, messages, information, reports, documents, communications or other registers regarding the Services (collectively " Messages ") to the End User in electronic form. The company may send electronic messages to the e-mail address specified by the End User at the time of registration, as an SMS to the telephone number specified by the End User, as a message on the Application or otherwise via the website. The delivery of a message from the Company is delivered when it is sent by the Company, regardless of whether the End User reads the message when it is received or if the End User actually receives the delivery.
Complete 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 present agreements and agreements, both written and oral. The party's failure to apply conditions under the agreement shall not constitute a waiver of any right under the agreement and the failure shall not result in the party losing the right to later demand application of the relevant condition or other condition in the Agreement. If any provision of this Agreement is invalid or unenforceable, the remainder of this provision shall be amended to achieve a result that is as close to the original condition as possible. Other provisions of this Agreement shall continue to be fully applicable.
Prices
All prices in the application are referenced including VAT (VAT).