Terms of Use

These Terms of Use are effective as of December 1st, 2017

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Terms of Service

These Terms of Service are effective as of December 1st, 2017.

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Prior to using Kwerious on www.kwerious.com and/or other domains and services ran by Kwerious, you are instructed to read the following terms and conditions.

These Terms of Service (the “Terms”) are a legal agreement between you and the company Kwerious.

Please read the Terms carefully before using the Kwerious services. Do not use the Kwerious services if you do not accept the Terms. Your signing up with Kwerious services indicate your acceptance and agreement to be bound by the Terms. Accordingly, the agreement between the Provider and an account holder arises at the moment the account holder signs up for the Kwerious services. Both the Agreement is concluded for an indefinite period of time.

The Provider is entitled to modify the Terms, e.g. to reflect changes in laws or regulatory requirements. Any use of the Kwerious services after publishing the modifications to the Terms constitutes your acceptance of those modifications; if you do not agree with the changes made in the Terms, you may terminate the Agreement with a one-month notice period (the notice period commences on the first calendar day of the month following the calendar month in which the notice of termination was delivered to the Provider); during the notice period the amended parts of the Terms will not apply. Please note that attendees are entitled to make use of the Kwerious services free of charge. Thus all terms stipulated herein regarding billing and fees are not applicable to attendees; the same applies also in cases where - considering the context of the Terms - it is clear that a term is meant to be binding only a presenter and not an attendee.

• Basic Terms
  • You are responsible for the security of your account.
  • You undertake to comply with all applicable legal rules and regulations, mainly, but not exclusively, you confirm that all the information you submit to Kwerious site is legal.
  • You may not use our sites for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct, acceptable content and other mandatorily applicable legal regulations.
  • You are solely responsible for your conduct and any personal information and other data you display on our sites.
  • The Kwerious services may be used on electronic devices with an operating system and access to the Internet. For smooth and seamless running of Kwerious services wi-fi or internet connection congruent to the number of attendees is vital. Without appropriate data connection you may not be able to extract full benefits of Kwerious services. Kwerious cannot be held responsible for malfunctioning if the Presenter does not provide adequate data transmission coverage.
• Prohibited activities
  • You shall not access or use, or attempt to access or use, the Kwerious services to take any action that harm the Provider or any other person or entity, interfere with the operation of the Kwerious services, or use the Kwerious services in a manner that could violate any laws.
  • You must not modify, adapt or hack our sites or modify another website so it falsely implies that it is associated with our sites.
  • While using the Kwerious services you undertake not to submit any information or other content that would:
  • infringe the copyright, trademark, patent, or other intellectual property right of any person;
  • be false, misleading, libelous, slanderous, abusive, obscene, hateful, threatening, harassing, or sexually-explicit;
  • infringe any person’s right to privacy or publicity;
  • contain advertising or a solicitation of any kind;
  • impersonate any other person or entity;
  • degrade others on the basis of gender, national origin, race, class, ethnicity, religion, orientation, identity or disability;
  • contain material intended to intimidate or to incite violence;
  • upload or otherwise transmit any communication, software, or material that contains a virus or is otherwise harmful to the Provider or the Provider’s customers.
  • You must not violate any laws in your jurisdiction while using the Kwerious services.
  • A breach of any of the above mentioned obligations is considered a fundamental breach of contract and the Provider will be entitled to unilaterally terminate the provision of its services with immediate effect and cancel and erase all the information and accounts of the person committing such a breach.
  • While our services prohibit such conduct and content on our sites, you understand that the Provider cannot be responsible for the content posted on our sites and you, nonetheless, may be exposed to such materials and that you use our sites and services at your own risk.
• Billing and payment
  • The presenters agree to pay the License Fees unless otherwise provided in the Terms. The current amounts of the License Fees are available at: https://www.kwerious.com/license/choose; the Presenter’s Agreement ends by deleting their accounts.
  • The Provider reserves the right to change the amount of License Fees in accordance with the Terms.
  • Kwerious accepts payments by card through PayPal, or directly via PayPal account. Kwerious does not accept checks.
  • Kwerious uses PayPal Inc. for payment processing services. By using the PayPal you agree to Legal Agreements for PayPal Services available at https://www.paypal.com/sk/webapps/mpp/ua/legalhub-full.
  • Thus, Kwerious does not store any credit card nor other non-public and/or other confidential payment information.
• Information provided by attendees
  • We are not responsible for the content submitted in connection with using the Kwerious services; the Public can use Kwerious services in accordance with the Terms. All personal data (such as email address etc.), submitted during signup, will be handled in accordance with our privacy policy.
  • We are not responsible for the accuracy of question votes and poll results. Kwerious is an engagement tool and we cannot guarantee that results are not hacked or changed in some way by attendees. However, we do our best to make it as accurate as possible. We reserve the right to alter the poll results if there is a suspicion of being hacked or attacked by the third party.
  • We cannot guarantee that service is bug-free. We try our best to make it great and as simple as possible.
• Copyright, trade names, logos
  • All information and materials uploaded remain yours. However, we can use them in accordance with the most recent Privacy Policy.
  • The users (presenters as well as attendees) of the Kwerious services give hereby the Provider a license to use the information collected on the Kwerious sites (the “License“) for the whole duration of the copyright protection and for use in all manners known at the moment; the License is granted as a non-exclusive, irrevocable, transferrable license to use the information which constitutes a copyright protected work. The License is granted without any territorial restrictions, royalty-free and the Provider is entitled to grant sub-licenses (through multiple tiers) even without the prior approval of the user of the Kwerious services.
  • We undertake to obey all applicable copyright laws. We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with following:
  • a physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
  • a description of the copyrighted work claimed to have been infringed;
  • a description of the infringing material and information reasonably sufficient to permit us to locate the material;
  • your contact information, including your name, address, telephone number and email;
  • a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • a statement that the information in the notification is accurate and under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.
  • If you are our customer or you used our service, we can use trade name and logo of your company on our website and in other marketing materials unless you request us not to do so. If you send us your feedback after your use, you also agree that we can use your name, company name and content on our testimonial site. For this purpose the Presenter hereby grants the license to the Provider, free of charge; such a license is a non-exclusive, irrevocable, territorially unrestricted, sub-licensable (through multiple tiers) and transferable license enabling the Provider to use the logo and the trade name for the purpose of promoting Kwerious services.
• Intellectual property
  • Kwerious and all related logos of our products and/or services are trademarks of Kwerious or its licensors. You may not copy, imitate, modify, alter, amend or use them without our prior written consent.
• Disclaimer of warranties
  • The using of the Kwerious services is entirely at the users’ risk. Unless otherwise provided in the Terms, the Provider makes no representations or warranties about the services, including, without limitation, the operation of the Kwerious services or the information, materials, goods, or services appearing or offered on the Kwerious services or with respect to any websites or services linked from the Kwerious services. Moreover, there is no warranty that the Kwerious services will meet your needs or requirements or the needs or requirements of any other person or the needs or requirements set forth in any documentation.
  • If applicable law does not allow the exclusion of some or all of the above implied or statutory warranties to apply to you, the above exclusion shall apply to you to the fullest extent permitted by the applicable law.
  • We may offer certain Products to you at no charge, including free accounts, trial use, and access to Beta Versions as defined below (“Beta Products”). Your use of Beta Products is subject to any additional terms that we specify and is only permitted for the period designated by us. Such Beta Products may include features which may require users to submit certain information, which might be considered personal (including but not limited to name and email address). Such information will be handled in accordance with the Privacy Policy. We may terminate your right to use Beta Products at any time and for any reason in our sole discretion, without liability to you. You understand that any pre-release and Beta Products we make available are still under development, may be inoperable or incomplete and are likely to contain more errors and bugs than generally available Products. We make no promises that any Beta Versions will ever be made generally available. In some circumstances, we may charge a fee in order to allow you to access Beta Products, but the Beta Products will still remain subject to this Section clause. All information regarding the characteristics, features or performance of Beta Products constitutes Kwerious’s Confidential Information. To the maximum extent permitted by applicable law, we disclaim all obligations or liabilities with respect to Beta Products, including any Support and Maintenance, warranty, and indemnity obligations.
• Communication
  • For the purposes of the Terms all communication between the Provider and a presenter or an attendee shall be conducted by e-mail. Any message shall be deemed to be duly delivered at the moment it is transmitted to the e-mail account of the other party. The users of the Kwerious services are advised to check their e-mail accounts on a regular basis. Support services may be provided by the Provider even by a telephone or other means of communication.
• Consumer rights
  • If the Presenter is an individual, who is acting for purposes which are outside his/her trade, business, craft of profession (the “Presenter - Consumer“), such Presenter is entitled to rights guaranteed by the applicable legislation. In addition to other rights mentioned in the Terms, the Presenter – Consumer shall have a period of 14 days to withdraw from the Agreement, without giving any reason, and without incurring any cost. To exercise the right of withdrawal, the Presenter – Consumer must inform the Provider of his/her decision to withdraw from the Agreement by an unequivocal statement (e.g. a letter sent by e-mail). To meet the withdrawal deadline, it is sufficient for the Presenter – Consumer to send the Provider his/her communication concerning the exercise of the right of withdrawal before the withdrawal period has expired. If the Presenter – Consumer withdraws from the Agreement, the Provider shall reimburse to him/her all payments received from him/her for non-used services, without undue delay and in any event not later than 14 days from which the Provider is informed about the decision to withdraw from the Agreement.
  • The Presenter – Consumer is entitled to statutory rights of a legal guarantee of conformity of services.
• Entire agreement
  • The Terms constitute the entire agreement between you and the Provider, superseding any prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and the Provider. In the event any provision of the Terms is declared unenforceable, it shall not affect the validity or enforceability of the remaining provisions and shall be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
• Assignment
  • You may not assign the Terms or any rights or obligations mentioned herein without the prior written consent of the Provider. The Provider has the right to assign the Terms, and any of its rights or obligations mentioned herein.
• Termination
  • The Agreement may be terminated by each of the parties with a one-month notice period (the notice period commences on the first calendar day of the month following the calendar month in which the notice of termination was delivered to the other party).
• Governing law and jurisdiction
  • The Terms are governed by, and must be construed in accordance with, the laws of the Province of Ontario, Canada, as applicable, without giving effect to its rules of conflicts of law.
  • Any claims arising under the Terms shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario, Canada.