These Terms of Use (hereinafter referred to as the “Terms” or “Terms of Service” ) shall govern the relationship between Qlimits , a company, having its registered office address at Alonso de Torres N40-240 y James Colnet Edificio Sol del Este Piso C (hereinafter referred to the “Company” or “Q-limits” or “us” or “our” or “we” ) and you (hereinafter referred to “you” or “your” or “user(s)” ) and shall govern your use of our mobile application, “Q-limits” , as available onApple App Store and Google Play Store (hereafter referred to as the “App” ).
Q-limits is an information-based App which is primarily a curated combination of the information available in the public domain, and has 8 different categories: i) Restaurants, ii) Night Life, iii) Coffee Places, iv) Recreational Activities, v ) Groceries and Shopping, vi) Transportation, vii) Extras, and viii) Emergency. Our App intends to help the tourists and explorers to find the best places in the country as per their respective budget. Each category on Q-limits has a filter where you can choose which type of activity you would like to perform along with the budget that you have, and consequently it will show you all such places that match your applied filter.Each place may have some or more of the following information: a) name of the place, b) a picture of their open social media handle, c) phone number, d) location, among other information. You can also check out the reviews posted by other people in respect of such places, and you’d also be able to leave your own review. You can also find a currency converter option on our App, and a link to Google Translator (a third-party link) so that you can easily exchange your currency while using our App. (hereinafter referred to as the “Service”)
Please read these terms carefully, as this, along with our Privacy Policy statement forms the entire agreement between you and Q-limits. If you do not accept Terms in its entirety, then you cannot use the App or avail any of our services.
Additionally, how we collect, use, store, share and transmit your data is governed by our Privacy Policy statement.
1. ACCEPTANCE OF THESE TERMS
By downloading or installing our App, or by accessing or using or purchasing or availing services on our App in any way, or by clicking on a button or taking similar action to signify your affirmative acceptance of Terms, you hereby represent that:
2. HOW CAN YOU USE THE APP?
a .Non-exclusive License: Please note, our App, and all of its services, information, features and functionalities are being provided to you on a non-exclusive basis. Specifically, when you install our App, we only grant you a limited, personal, non-exclusive, non-transferable, revocable right to use and/or access the Services and the information present in it. We reserve the right to revoke this license if at any time you are found to be misusing our services or breaching these terms.
b. Directions of Use: You must follow any and all guidelines or policies or directions of use as associated with each of the services on the App.
c. Applicable Law: You must comply with all the applicable laws while accessing the services through the App, or while visiting any of the places that you explored through our App. Please note, you might have to comply with additional local laws, rules and regulations, including without limitation, rules in respect of social distancing, covid norms, and wearing of masks. It is your sole responsibility to inquire about these laws, rules and regulations, and to comply with them.
d. Material: For the purposes of these terms, “material” shall mean any logos, trademark, text, content, information, menus, image, video, graphics, sound material, published on the App, whether a copyright or trademark of Q-limits , other users, our licensors or any third party. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the App. You must not reproduce any part of the App or the material or transmit it to or store it in any other App or website or disseminate any part of the material in any other form, unless we have indicated that you may do so.
e. Restricted uses:
a ).You can’t post any comment on any political, racist or such other issue which affects a person, community or society. Your review must be genuine and professional. Please don’t post anything that is immoral, derogatory, abusive, immoral, threatening, violent, misleading, fake, false, or against the law. We reserve the right to take down any comment that violates our policies or the applicable law.
b ). You must not misuse or interfere with the Services or App or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law and as per the directions provided by us.
c ). You must not:
d). You must not use our App in any way that causes, or may cause, damage to the App or impairment of the availability or accessibility of the App; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
e ). You must not use our App 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.
F). 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 our App, without our express written consent.
3. OUR CONTENT AND RIGHTS
This App, its logos, its content, information, designs, trademarks, trade dress, trade name, software, menu, images, videos, graphics, all of our features, functionalities and services, shall remain the sole property of the Q-limits , and/or its licensors or third-parties, as the case may be.Your use of or access to this App or availing of our services shall not in any way transfer or assign to you any ownership or other proprietary rights in or to this App, our services, any content, designs, published by us or our licensors or third parties. This App and the content, including but not limited to the trademark, logo, copyright, design, layout, typography, underlying HTML, Java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise is protected by relevant Intellectual Property laws, rules and regulations. Trademarks, trade names and designs appearing on this App are the exclusive property of, or are licensed to the Q-limits, or are collected from public domain for informational purposes, and are protected.Do not use of a trademark, trade dress, trade name or design appearing on this App may be made without the prior written permission of the Q-limits.
4. CONTENT AND INFORMATION
While using our App and our services, you will encounter content (such as places name, contact information, reviews, images, price details, etc.) that is collected by us from the information available on the public domain (such as the internet) . Therefore, there is a likelihood that such information or price or content or review be inaccurate, incomplete, delayed, outdated, misleading, illegal, ingenuine, unsafe, offensive or otherwise harmful. Q-limits generally do not generally cross check such information or check for its authenticity. All liabilities in this respect remain solely with the individuals or entities who have posted such information on the public domain. Please refer to our Disclaimer statement provided later below.
5. FEEDBACK RIGHTS
To the extent that you provide Q-limits with any comments, suggestions or other feedback regarding the Q-limits platform or its services or information (collective, the “ Feedback ”), you will be deemed to have granted Q-limits an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Q-limits is under no obligation to implement any Feedback it may receive from users. Moreover, no compensation shall be granted if we do use your feedback or incorporate it into our App.
6.COVID19 _
The user agrees that due to recent outbreak of COVID-19 which has been declared as a pandemic, there may be instances, where the end service provider either cancels the booking or refuses to provide the services, as agreed with the user, by assigning or not assigning any specific reason for such refusal. Refusal of service may be due to the reasons including but not limited to the user:
In such cases Q-limits will assume no liability for the refusal of service by the end service provider.
The user further understands that due to the outbreak of COVID-19, there may be frequent changes in guidelines and/ or SOPs issued by the appropriate governments that a traveler will have to follow in order to undertake the travel.
The user agrees to abide with all such guidelines/SOP while undertaking any travel. In case a user fails to adhere to the same which results in the refusal to travel, Q-limits shall not be responsible.
7. PRIVACY
In order to see what data we collect and how we use or store or share such data, please refer to the detailed Privacy Policy statement available on our App.
8. LINKS TO THIRD-PARTY WEBSITES, APPS, AND ADVERTISEMENTS
The App might contain links to third-party websites, products, services and advertisements. Similarly, the App uses various third-party APIs, such as Google Maps, Google Translator, importing comments from Google, etc. Such third-party links are not under the control of Q-limits, and Q-limits is not responsible for any third-party links or Apps or information or advertisements. Q-limits provides access to these third-party links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party links. You shall use all third-party links at your own risk, and should apply a suitable level of caution and discretion in doing so. Whenever you click on such links, you are taken to such a third-party website, and you get out of the jurisdiction of our App.Therefore, you shall be governed by the terms, privacy policy and other policies of such third-party websites and we suggest that you read those policies. In case of any damage due to such action of third-party links, applications, websites, comments or information, Q-limits shall not be responsible.
9. DISCLAIMER
a. All the information present on our App is for informational and reference purposes only. While using our platform and our services, you may encounter content or information(such as name, contact details, prices, location, photos, social media handles of third-parties, etc.)that are collected by us from the public domain. We also collate and integrate comments available on third-party platforms, namely, Google. Therefore, there is a likelihood that such information or contact or content or photos or location or prices or comments could be inaccurate, outdated, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Q-limits generally do not generally cross-check such information with the respective third-parties.We cannot always prevent this inaccuracy. Therefore, you agree that we are only an information-based platform, and are not liable or responsible for such information or contact or content or photos or location or prices. You must do your own research, and act cautiously while paying a visit or entering into any transaction,
b . The App might contain links to various third-party websites, products, services and advertisements. Q-limits provides access to these third-party links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party links. You shall use all third-party links at your own risk, and should apply a suitable level of caution and discretion in doing so. Whenever you click on such links, you are taken to such a third-party website or application, and you get out of the jurisdiction of our App. Therefore, you shall be governed by the terms, privacy policy and other policies of such third-party party party party websites and we suggest that you read those policies.In case of any damage due to such action of third-party links, applications, websites, comments or information, Q-limits shall not be responsible.
c . All tours, activities, and services are subject to prevailing guidelines of the appropriate governmental authority. You must follow all the applicable laws and rules, including covid and vaccination related guidelines and directions. We recommend you to please read all travel and State guidelines as well before booking any service, and to contact the service provider to confirm their availability and prices before paying them a visit or availing a service from them.
d . Q-limits is merely an information provider and is not and cannot be a party to or control in any manner any offers or deals or transactions of sale or purchase, between the third-party service providers and you. When a product is purchased or a service is availed, the same will be governed by the bipartite contractual arrangement entered into directly between you and the respective third-party service provider. We do not have any kind of association or relationship with any of the third-party service providers or advertisers or sponsors that you find on our App. Q-limits encourages you to exercise discretion and caution while dealing with any third-party service provider or advertiser.
and . For any deal or product or service, Q-limits does not represent either the service provider/advertiser/sponsor or the buyer in any of the transactions. Q-limits does not control and is not liable to or responsible for the quality, safety, suitability of services, products, lawfulness or availability of the services or products, or timings of opening/closing, prices of the products or services, or the ability of the service provider/advertiser/sponsor to complete a sale. Q-limits does not implicitly or explicitly support or endorse the sale or purchase of any product or service of the third-party service provider, advertiser or sponsor.At no time shall any right, title or interest in the product or service vest with Q-limits, and nor shall Q-limits have any obligations or liabilities in respect of the same in any manner whatsoever.
f . You hereby acknowledge that you are fully assuming the risks of conducting any purchase and sale transactions (hereinafter referred to as “Transaction Risk” ) in connection with the third-party service providers, advertisers or sponsors that you discover using our App. You hereby understand and acknowledge that Q-limits collect and collates the information that it finds on the public domain, and that the same can be outdated, misleading, untrue or false, and therefore, you shall not place any reliance on the said information alone before making any decision. You hereby undertake that you will transact at your own risk and will use your best and prudent judgment before entering into any transactions with third-parties.Q-limits shall neither be liable nor responsible for any actions or inactions of the user or the third-party service provider, advertiser or sponsor, nor for any breach of conditions, representations or warranties of the services or products, and hereby expressly disclaims any and all responsibility and liability in that regard. Q-limits shall not mediate or resolve any dispute or disagreement between buyer and the respective third-party service provider, advertiser or sponsor.
g . All the information provided or contained in the App is copyrighted and/or registered, and nothing in this App shall be reproduced, copied, redistributed, transferred, or sold without availing our prior written consent. The brand names, logos and trademark appearing on this App either belong to Q-limits, or are licensed to us, or belong to third-parties (for example, the brand name “Google” belongs to Alphabet, Inc., and “Instagram ” belongs to Meta) . Therefore, none of the brand names, logos or trademarks shall be exploited by you for any purpose without availing the prior written consent of the appropriate intellectual property holder, as the case may be.If you have any complaints related to your intellectual property being unauthorizedly used on our App, please contact us at qlimits2022@gmail.com as per our Intellectual Property Claims Notice .
h. The App, our services and all the information available are provided on an “as-is” basis, and Q-limits (and our licensors and affiliates) expressly disclaims any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement of the App, our services, information available on the App, including without limitation, name, contact information, availability, images, comments, prices, advertisement, etc.We make no warranty that our App or information available on it will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate,
i . You hereby waive your right to sue us for any products or services provided or promised to be provided by the third-party service providers, advertisers or sponsors, or for any other actions, inactions or breach by any of them, as the case may be .
10. LIMITATION OF LIABILITY
To the maximum extent permitted by law, in no event shall Q-limits (or our licensors or affiliates or employees) be liable to you or any third party for any financial loss, loss of health, injury, death, cheating, medical cost, cost of treatment, lost data, breach of privacy, costs of procurement of substitute services, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or inability to use the App or our Services or third-party links or applications or from your reliance upon any of the information presented on the App, even if Q-limits have been advised of the possibility of such damages. Access to, and use of, the App, currency converter and all of its content, information, and third-party links or services is at your own will, discretion and risk,
12. INDEMNITY
You acknowledge to defend, indemnify and hold Q-limits, members, affiliates, directors, officers, employees, agents, partners, and any other licensors (hereinafter referred to as “Indemnified Party” ) harmless from and against any claim, disputes, fine , liability, demand or expense, including reasonable attorneys’ fees, made by a third party, relating to, or arising from:
a. Your reliance upon any of the information or third-party link posted on the App;
b . Your violation of ours or any third-party rights;
c . Your wrongful or improper use of our services;
d . Your violation of any applicable laws, rules or regulations or any other applicable law through or related to the use of our services;
e . Your violation of these terms, or any other policy of Q-limits as associated with our services;
F. The indemnifications set forth above will survive the termination or expiration of these terms and/or your use of our App and services.
12. LEGAL ACTION
If you are found to be degrading, tarnishing, maligning the image, goodwill or reputation of Q-limits or its members or affiliates, by spreading hate, insulting, false, fake reviews or engaging in bad fide actions against the above, strong legal actions will be taken immediately.
13. GOVERNING LAW AND DISPUTE RESOLUTION
i. Governing Law: Terms and any dispute arising from the same will be governed by applicable laws of the Republic of Ecuador .
ii. Exclusive Jurisdiction : All disputes must first be attempted to be resolved amicably, failing which, such controversy, conflict or dispute shall be finally settled by bringing it exclusively before the appropriate courts located in the Republic of Ecuador .
iii. Waiver of Jury Trial: YOU AND US HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JURY. YOU AND Q-LIMITS ARE INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES ARISING OUT OF OR IN RELATION TO THESE TERMS BETWEEN YOU AND US, SHALL BE RESOLVED BY A JUDGE.
IV. Waiver of Class Action and Relief: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE ADJUDICATED ON AN INDIVIDUAL BASIS AND NOT ON A COLLECTIVE CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER CAN NOT BE LITIGATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USERS.
v. Disputes between you and third-parties: You understand and acknowledge that Q-limits is an information-based App that collects and curates the information present in the public domain, and we in no way are soliciting or encouraging you to pay a visit or get into contact with or deal with any third-party. We are not responsible for the conduct of any third-party, and nor are responsible for the information that we have posted about them on our App. Therefore, if you have any claim or dispute against such third-party, you undertake to take it up directly with the concerned third party. Q-limits shall not mediate or resolve such disputes, and nor shall become a party to such disputes.However, if you believe that any of the information posted on our App is incorrect or outdated or is other offensive or illegal, you have violated any of our policies or applicable law, you can file your complaint at qlimits2022@gmail.com , and we will take necessary action in accordance with our policies and applicable law.
14. NEWS
When you use the App or send emails to Q-limits, you are communicating with us electronically. You consent to receive electronically any communications related to your use of this App. Q-limits will communicate with you by email (if available with us) or by posting notices on this App. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address as available with us or by posting it on the App. If you want to give a notice to us, you can do so by dropping an electronic mail to qlimits2022 @gmail.com .
15. MISCELLANEOUS
16. GRIEVANCE OFFICER/DESIGNATED REPRESENTATIVE
i. Independent Legal Advice: It is your obligation to obtain independent legal advice at your own expense to ensure you understand the provisions of these terms.
ii. Headings: The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of these terms.
iii. Severability: If any provision of these terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these terms will continue in full force. . and effect.
IV. Waiver: Our failure to insist on or enforce strict performance of these terms shall not be construed as a waiver by us of any provision or any right that we have to enforce these terms and nor shall any course of conduct between Q-limits and you or any other party is deemed to modify any provision of these terms.
v. Survival: Notwithstanding any other provisions of these terms, or any general legal principles to the contrary, any provision of these terms that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these terms, for any reason whatsoever.
saw . No Third-Party Beneficiaries: Except as otherwise expressly provided in these terms, there shall be no third-party beneficiaries to these terms.
vii . No Assignment: You may not assign these terms (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Q-limits, which may be withheld at Q-limits’s sole discretion. Any attempted assignment that does not comply with these terms shall be null and void.
viii . Entire Terms: These Terms of Use and our Privacy Policy statement, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire agreement between Q-limits and you, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our App.
ix . Force Majeure: Q-limits and its affiliates will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, power failures and government-imposed lockdowns or similar restrictions.
x . Updates to these terms: We may add to or change or update these terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these terms periodically. Your use of the App after any amendments to these terms shall constitute your acceptance to such amendments.
In the event you have any grievance regarding anything related to these Terms of Use or Privacy Policy , or with any content or service or information of Q-limits, in that case you may freely write your concerns to the Grievance Officer/Designated Officer at:
17. FEEDBACK AND INFORMATION
We welcome your questions or comments regarding these terms. You can write to us via email: qlimits2022@gmail.com .
Last updated on August 12, 2022.