Please read this agreement carefully before downloading this app.
This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and QLIXAR.
QLIXAR refers to mobile applications, as improved by way of updates from time to time by us (the Apps); and all content, products, services and functionality available through the App (the Services).
We license the use of the Apps and Services to you on the basis of this EULA and subject to the Privacy Policy as applied and updated from time to time by us and published on Privacy Policy or any App Store provider or operator from whose site (App Store) the End-user downloaded the App (App Store Rules). We do not sell the App to you. We remain the owners of the App at all times.
Operating system requirements
This App requires a mobile telephone, smartphone or tablet device with a minimum of 512mb of memory, at least 3G or WiFi internet access and the Android Operating System, version 4.1 or later.
The Services
Provided that you are a Q Link Wireless customer, you will be able to create an account with QLIXAR apps. During the signup process, we will verify that you are a customer by checking your phone number.
The Apps allow businesses, advertisers, publishers and other carefully selected partners (collectively Advertisers) to deliver content, advertising, coupons, deals and other promotional content to the lock screen of your device (defined as the initial image(s) shown on the screen of your device after you wake it up from sleep or standby mode), or to the apps’ in app sections.
In addition to verifying a user’s Q Link customer status, phone numbers also enable us to deliver rewards to the correct user in the event of a QLIXAR Rewards Points Cash Out.
Your End User Account Data will be stored and used in accordance with our Privacy Policy.
QLIXAR Reward Points are simply earned for completing actions within the App.
QLIXAR do not and cannot guarantee that you will earn any amount of QLIXAR Reward Points or that you will receive any amount of content in connection with your use of the Service. Similarly, we cannot guarantee that you will earn any amount of compensation, in any form, when redeeming QLIXAR Reward Points with our partners.
QLIXAR hope to be able to share with you some of the revenue we generate, in the form of QLIXAR Reward Points. We will perform a direct revenue share with End-users and in this regard our ability to reward you depends on whether, and how much, we get paid by the relevant Advertiser and the completeness of your End-user Profile. Due to the complex nature of our relationships with Advertisers, whether we get paid, and how much, may vary over time. For removal of any doubt, reward points will only be redeemable from monies actually received by QLIXAR from Advertisers.
QLIXAR reserve the right to invalidate any QLIXAR Reward Points at any time prior to redemption. If we do so, you will no longer be able to redeem them. We may do this for a variety of reasons, including but not limited to, non-payment by Advertisers, changes in our arrangements with Advertisers, changes in applicable laws and regulations or your breach of this Agreement. QLIXAR may do this without prior notice, but we will attempt to notify you afterward where possible. Any QLIXAR Reward Points earned by you are recorded in your End-user Account. Your right to earn and redeem QLIXAR Reward Points is dependent on your compliance with this and all connected agreements.
You may access your End-user Account to modify your account settings, further complete your End-user Profile, review your QLIXAR Reward Points earnings and redemption choices and redeem QLIXAR Reward Points. QLIXAR reserve the right to modify the way that you can redeem QLIXAR Reward Points at any time and in any way.
Select “Cash Out” to redeem QLIXAR Reward Points by distributing their value pursuant to one of the redemption methods then available to you. You may have a choice to redeem your QLIXAR Reward Points in exchange for a donation to one or more non-profit organisations chosen from time to time by QLIXAR. From time to time, QLIXAR Reward Points may also be redeemable for products, services and other special offers.
Your eligibility to redeem QLIXAR Reward Points falls when the value of your current QLIXAR Reward Points has reached the minimum cash out option for your account.
You may close your End-user Account at any time by contacting customer service directly at support@qlixar.com. We will ask that you redeem your QLIXAR Reward Points prior to closing your End-user Account. If your End-user Account is closed and you fail to properly distribute your QLIXAR Reward Points at such time, QLIXAR may elect to invalidate those QLIXAR Reward Points and you will no longer be able to redeem them. If you choose to close your End-user Account at a time where you are not eligible to redeem your QLIXAR Reward Points because their value does not exceed the minimum value necessary to redeem them, then QLIXAR may elect to invalidate those QLIXAR Reward Points and you will no longer be able to redeem them.
Finally, please note that if your End-user Account is inactive for an extended period of time, QLIXAR may invalidate the value of unredeemed QLIXAR Reward Points.
Important notice:
You will be required to enter your age during the installation process. Some of our Services are available only to individuals who are at least 18 years old. If you are not at least 18 years old please do not attempt to access these Services through our App.
When using the Site or the App you may be exposed to Content that is provided by third parties. QLIXAR are not responsible for the accuracy, safety, proprietary or intellectual property rights in connection with third party Content.
By downloading the App and completing the sign up process you agree to the terms of the licence which will bind you. The terms of the licence include, in particular, the Privacy Policy defined in condition 1.5 and limitations on liability in condition 7.
If you do not agree to the terms of this licence, QLIXAR will not license the App(s) and Documents to you and you must not sign up or into the App(s).
As a consumer, you have the right to withdraw from your transaction without charge and without any reason before signing up or into the App(s).
This does not affect your consumer rights for an app or documents that are defective.
You should print a copy of this EULA for future reference.
1.Acknowledgements
1.1
The terms of this EULA apply to the App or any of the services accessible through the App (Services), including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this EULA.
1.2
QLIXAR may change these terms at any time by notifying you of a change when you next start the App or log onto one of the websites referred to in condition 1.5. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.
1.3
From time to time updates to the App may be issued through the Play Store and any other websites owned or operated by QLIXAR (the Site(s)) or the App Store. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the App and accepted any new terms.
1.4
You will be assumed to have obtained permission from the owners of the Device that is controlled, but not owned, by you and to sign into the app on the Device. You and they may be charged by your and their service providers for internet access on the Device. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
1.5
The terms of the QLIXAR privacy policy from time to time, available on our Privacy Policy are incorporated into this EULA by reference and apply to those Services that are not specified in condition 1.6 as having separate privacy policies. Additionally, by using the App or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
1.6
By using the App or any of the Services, you consent to QLIXAR collecting and using technical information about the Device and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
1.7
The App and certain Services will make use of location data sent from the Device. [You can turn off this functionality at any time by turning off the location services settings for the App on the Device.] In using the App, you consent to QLIXAR and our affiliates' and licensees' transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may withdraw this consent at any time by turning off the location services settings.
1.8
QLIXAR will periodically monitor the usage patterns of the Device. In using the App, you consent to QLIXAR and our affiliates' and licensees' transmission, collection, maintenance, processing and use of the Device’s usage patterns to provide and improve our products and Services. [You may withdraw this consent at any time by turning off the usage pattern MONITORING settings on THE DEVICE]. The App or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under QLIXAR control, and QLIXAR are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
2.Grant and scope of licence
2.1
In consideration of you agreeing to abide by the terms of this EULA, QLIXAR grant you a non-transferable, non-exclusive licence to download the App and use the Services on a single Device, subject to these terms, the terms of use of any other websites owned or operated by QLIXAR (the Site(s)), the Privacy Policy and the App Store Rules, incorporated into this EULA by reference. We reserve all other rights.
2.2
You may:
(a) download a copy of the App onto one Device and to view, use and display the App on the Device for your personal purposes only.
3. Licence restrictions
(a) not to copy the App or Documents except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
(c) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving interoperability of the App with another software program, and provided that the information obtained by you during such activities:
(i) is used only for the purpose of achieving interoperability of the App with another software program;
(ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
(iii) is not used to create any software that is substantially similar to the App;
(e) to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
(f) to include the QLIXAR copyright notice on all entire and partial copies you make of the App on any medium;
(g) not to perform any act that may interfere with the normal provision of Services to any of our users;
(h) not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person; and
(i) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology), together Licence Restrictions.
4. Acceptable use restrictions
You must:
(a) not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
(b) not infringe QLIXAR intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by this EULA);
(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
(d) not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(e) not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
5. Intellectual property rights
5.1
You acknowledge that all intellectual property rights in the App and the Technology anywhere in the world belong to QLIXAR or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the Technology other than the right to use each of them in accordance with the terms of this EULA.
5.2
You acknowledge that you have no right to have access to the App in source-code form.
5.3
You acknowledge that any feedback you provide and any resulting invention, modification, improvement in App development or Service delivery will remain exclusively QLIXAR property. You acknowledge that any such rights you may have in such feedback, App development or Service delivery to us.
6. End-user accounts
6.1
You are responsible for maintaining the security of your account and for all activities carried out under the account.
6.2
You must not use another person’s QLIXAR account not allow another person to use your QLIXAR account.
6.3
In creating your account you must provide accurate, complete and up-to-date information. You acknowledge that any error in your account information may prevent QLIXAR from providing Services to you and may prevent QLIXAR from awarding or redeeming coins.
6.4
You agree to inform QLIXAR immediately of any security breaches or unauthorised uses of your account or login details.
7. Limitation of liability
7.1
You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described in the Documents meet your requirements.
7.2
We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or resale purposes, and QLIXAR have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.3
QLIXAR accept no liability for the accuracy and completeness of the Content provided by Advertisers or of any content, product or service linked to the Services.
7.4
QLIXAR accept no liability for any loss or damage suffered as a result of: (a) errors or omissions in the Content; (b) any unauthorised access to the Services; (c) any interruption of transmission of the Services; (d) any viruses, malware or other adware which may be transmitted through the Content.
7.5
QLIXAR cannot review all of the material made available on third party site reached via links in our Content or on third party sites that link to our App or to our Site. These third party sites are outside of our control and we do not endorse them or in any way recommend them. We accept no responsibility for the content of these sites or for their data collection and data retention policies and practices. You are responsible for abiding by the terms of use, end-use agreements and privacy policies of any third party sites.
8. Termination
8.1
QLIXAR may terminate this EULA immediately and without notice: (a) if we reasonably believe that have you breached this EULA; (b) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions; (c) if we are required to by law; (d) if we are phasing out provision of the Services in your state or country of residence; or (e) if we reasonably believe that your use of the Services may infringe or violate the rights of a third party or subject us to civil or criminal liability or reputational harm.
8.2
On termination for any reason: (a) all rights granted to you under this EULA shall cease; (b) you must immediately cease all activities authorised by this EULA, including your use of any Services; (c) your End-user Account may be closed and any QLIXAR Reward Points credited to it forfeited; (d) you must immediately delete or remove the App from your Device, and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so; and/or (e) we may remotely access the Device and remove the App from it and cease providing you with access to the Services.
9. Communication between us
9.1
If you wish to contact QLIXAR in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail on support@qlixar.com. QLIXAR will confirm receipt of this by contacting you in writing, normally by e-mail.
9.2
If we have to contact you or give you notice in writing, we will do so by e-mail or by notification from the App.
10. Events outside our control
10.1
QLIXAR will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks and failure of our affiliates to perform their obligations (Event Outside Our Control).
10.2
If an event outside our control takes place that affects the performance of our obligations under this EULA: (a) QLIXAR's obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control; and (b) we will use and QLIXAR reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
11. Other important terms
11.1
We may transfer QLIXAR' rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
11.2
You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
11.3
If QLIXAR fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
11.4
Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
11.5
Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England will have non-exclusive jurisdiction.