Our application and website, https://quirkz.io (referred to as “App” or “App or Website” or “Site”) is operated by Quirkz Inc, and includes all sub-domains of the website.
Throughout the site, the terms “we”, “us” and “our” refer to Quirkz Inc (hereunto known as “Quirkz” or “The Company”).
The following terms and conditions, together with any documents or policies they expressly incorporate by reference (collectively, know as “Terms of Use” or "Terms of Service"), govern your access to and use of the Quirkz App or App or Website, including any content, functionality and Services offered on or through, whether as a guest or a registered user.
Quirkz offers this App or Website, including all information, products, tools, articles, resources, features, courses, masterclasses, programs, materials, training, events, services, and additional services or products, and communication services (collectively referred to as “Services” or “Products”) available from this App or Website or presented and/or offered to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our App or Website and/or registering on our App or Website and/or purchasing something from us and/or being invoiced/quoted from our App or Website, you engage in our Services and agree to accept and agree to bound by the following Terms of Use, including those additional terms and conditions and policies referenced herein, listed on the App or Website, and/or available by hyperlink.
These Terms of Use apply to all users of the site, including without limitation users and visitors who are browsers, guests, vendors, customers, affiliates, merchants, partners and/or contributors.
Please read these Terms of Use carefully before accessing or using our App or Website or purchasing any of our Services. By accessing or using any part of the App or Website as a guest, user, vendor, or customer, or engaging in or purchasing or registering for any Services from us, you agree to be bound by these Terms of Use.
If you do not agree to all the Terms of Use of this agreement, then you may not and should not access the App or Website or use any Services.
Any new Services which are added to the current App or Website shall also be subject to the Terms of Use.
You can review the most current version of the Terms of Use at any time on this page.
We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our App or Website.
It is your responsibility to check this page periodically for changes. Your continued use of or access to the App or Website and/or use of or access to our Services following the posting of any changes constitutes acceptance of those changes.
By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province or country of residence, and if a minor you have received consent from your legal guardian, and if a parent to allow any of your minor dependents to use this site.
You may not use our App or Website or Communication Services to:
We reserve the right to terminate or restrict your use of the App or Website and/or any Service or any related website for violating any of the prohibited uses, at any time without notice, and you understand that, if applicable, no refund, pro-rata, or partial refund will be provided as a result of you breaking any of these Terms of Service.
We have no obligation to monitor the communication Services. However, we reserve the right to review materials posted to the App and Website and to remove any materials in its sole discretion.
Certain areas of this App or Website are restricted from being access by you and we may further restrict access to any areas of this App or Website, at any time, at their discretion.
We reserve the right to withdraw or amend this App or Website and any Services or material we provide on the App or Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the App or Website is unavailable at any time or for any period.
We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
From time to time, we may restrict access to some parts of the App or Website, or the entire App or Website, to users, including registered users.
We reserve the right to refuse service to anyone for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the App or Website through which the Service is provided, without express written permission by us.
We reserve the right to modify the contents of this App or Website at any time, but we have no obligation to update any information on our App or Website. You agree that it is your responsibility to monitor changes to our App or Website.
We may in the future offer new products, services and/or features through the website (including, the release of new tools and resources). Such new products, features and/or services shall also be subject to these Terms of Service.
Pricing is based by default on the US Dollar, unless otherwise specified.
In the event that our pricing is converted into your local currency, the price might vary once you pay due to exchange rate fluctuations at the time of purchase or the exchange rate offered by your bank and/or the payment gateway.
We accept no liability for such price discrepancies as a result of the above when converting into another currency.
Prices for our Services are subject to change without notice.
We reserve the right at any time to modify or discontinue Services (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of any Services.
Certain Services may be available exclusively online through the App or Website, whilst other Services may be offline. Both these are considered Services and bound by the Terms of Use specified on the App or Website.
We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.
Some Services may have limited quantities, and we reserve the right to limit the quantities of any Services that we offer.
All descriptions of Services including pricing are subject to change at any time without notice, at the sole discretion of us.
We reserve the right to discontinue any Services at any time. Any offer for any Service made on this site is void where prohibited.
We do not warrant that the quality of any Services or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.
We have made every effort to display as accurately as possible the images, materials, information and descriptions of our products that appear on the App or Website. We cannot however guarantee that the images, materials, information and/or descriptions will be all encompassing.
We reserve the right to refuse, limit or prohibit any order you place with us.
We may, in our sole discretion, limit or cancel quantities and/or Services purchased per person, per household or per order.
These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address and/or phone number provided at the time the order was made.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store.
You agree to promptly update your account and other information, including your email address, phone number, and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
As per our Privacy Policy, we commit to keep your personal information confidential.
To access the App or Website or some of the Services or content it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the App or Website and any resources downloaded from the App or Website that all the information you provide on the App or Website is correct, current, and complete.
You agree that all information you provide to register with this App or Website or otherwise, including but not limited to through the use of any interactive features on the App or Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy
Policy.
In the event that we have features and tools available on our App or Website you may have the option to share and/or display your public profile information to other registered members, at your discretion.
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.
You also acknowledge that your account is personal to you and agree not to provide any other person with access to this App or Website or portions of it using your username, password or other security information.
You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.
You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Certain information you submit on your public profile or available to the public on the World Wide Web, such as, but not limited to, names, company, position, interests, skills, bio, website address, social media links, reviews, and/or answers to public surveys is not considered personal information, and we reserve the right to display that information on your public profile, if applicable.
The App or Website may contain links to other App or Websites (“Linked App or Websites”) to certain content, products, platforms, documents, and services available via our App or Website which may include materials, information, documents, resources, and links.
The Linked App or Websites are not under the control of our business, and we are not responsible for the contents of any Linked App or Website, including without limitation any link contained in a Linked App or Website, or any changes or updates to a Linked App or Website.
We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the Linked App or Website/s or any association with its operators.
We are not responsible for examining and/or evaluating the content or accuracy of any Linked App or Websites and we do not warrant and will not have any liability or responsibility for any third-party products, services, materials, resources, links, or websites.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.
Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party directly.
Certain services made available via the App or Website are delivered by third-party App or Websites and organizations. By using any product, service, or functionality originating from the App or Website, you hereby acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service or functionality on behalf of the App or Website’s users and customers.
If, at our request, you send certain specific submissions (for example, but not limited to, contest entries, reviews and survey responses) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium, any comments that you forward to us.
We are and shall be under no obligation to:
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service, the App or Website, or any related website.
You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us, our customers and/or visitors, or third-parties as to the origin of any comments.
You are solely responsible for any comments you make and their accuracy.
We take no responsibility and assume no liability for any comments posted by you or any other party.
Other than the content you own, under these terms, Quirkz and/or its licensors own all the intellectual property rights and materials contained in this App or Website.
You are granted limited license only for purposes of viewing the material contained on this App or Website.
You are granted a non-exclusive, non-transferable, revocable license to access and use the App or Website and the resources available for download and/or made available to you from the App or Website strictly in accordance with these Terms of Use.
As a condition of your use of the App or Website, you warrant to us that you will not use the App or Website or any of the resources available for download from the App or Website for any purpose that is unlawful or prohibited by these Terms.
You may not use the App or Website or any of the resources available for download from the App or Website in any manner that could damage, disable, overburden, or impair the App or Website or interfere with any other party’s use and enjoyment of the App or Website.
You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the App or Website.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the App or Website, is the property of Quirkz or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the App or Website or any of the resources available for download from the App or Website.
Our content is not for resale. Your use of the App or Website or any of the resources available for download from the App or Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content.
You will use protected content solely for your individual use, and will make no other use of the content without the express written permission from us and the copyright owner.
You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Quirkz or our licensors except as expressly authorized by these Terms of Use.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission from us. All other names, logos, product and service names, designs and slogans on this App or Website are the trademarks of their respective owners.
When you register on our App or Website, or complete any form submission, you consent to sharing your personal information with us.
Your personal information will be held confidential as per our Privacy Policy.
You further consent to be automatically subscribed to any of our marketing and Services updates, information, notifications and/or communications, including but not limited to account specific updates, information, notifications and/or communications. You will have the option to unsubscribe at any time via a link on the relevant email.
Visiting the App or Website or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the App or Website, satisfy any legal requirement that such communications be in writing.
We would be pleased to communicate with you by e-mail, and there are various places on this App or Website that provide you the ability to send an electronic communication to us. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship.
As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order.
You have the option to share your information, or display certain information, to other members when using certain features, tool or 3rd party tools on our App or Website.
The App or Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
Always use caution when giving out any personally identifying information about yourself in any Communication Service.
We do not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Managers and hosts are not authorized Company spokespersons, and their views do not necessarily reflect those of Quirkz.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
In these Terms of Use, “Your Content” shall mean any audio, video, text, comments, reviews, documents, images, or other material or information you choose to display or submit on this App or Website.
Your Content must be your own and must not be invading any third-party’s rights.
We do not claim ownership of the materials you provide to the App or Website (including feedback and suggestions) or post, upload, input or submit to any App or Website or our associated services (collectively “Submissions”).
However, by posting, uploading, inputting, providing, or submitting your Submission you are granting us, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: use, copy, distribute, transmit, adapt, publicly display, publicly perform, distribute, translate, reproduce, edit, translate, and reformat your Submission, and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the our sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions without invading any third-party’s rights.
We provide various templates, forms, workbooks, eBooks and/or documents for download and/or sale on this App or Website.
All templates, forms, workbooks, eBooks and/or documents (which form part of Services), will be considered fully delivered upon conclusion of your transaction with download links provided (either online and/or via email), or you accessing the content in your Private Membership Area or via a download link.
We grant you a limited, personal, non-exclusive, non-transferable license to use our templates and/or forms for your own personal or internal business use.
Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorized use.
By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent from us.
We will from time-to-time provide various courses, programs, masterclasses and associated material for sale (or free) on this App or Website.
All courses, programs, masterclasses, and associated materials (which form part of Services), will be considered fully delivered upon you registering for access to the private membership portal or upon you accessing the content in the private membership portal.
We grant you a limited, personal, non-exclusive, non-transferable license to use the courses, programs, and associated material (collectively the “Courses”) for your own personal or internal business use.
Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner.
By ordering or participating in Courses, you agree that the Courses you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent from us.
By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses.
We provide various resources on this App or Website, which users may access by providing an e-mail address or other personal information, or by registering on the App or Website.
We grant you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address (the “Freemium Content”) for your own personal or internal business use.
Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Freemium Content in any manner.
By downloading the Freemium Content, you agree that the Freemium Content you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent from us.
By downloading the Freemium Content, you further agree that you shall not create any derivative work based upon the Freemium Content and you shall not offer any competing products or services based upon any information contained in the Freemium Content.
We may, from time to time, provide information from a third party in the form of a podcast guest interview, course, masterclass, interview on other platform, guest blog post, or other medium.
We do not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests.
Individuals who agree to appear as guests on any podcasts, webinars, courses, and/or interviews offered by us agree to transfer all intellectual property and license rights they may have in any such interviews to Quirkz to use such materials as we deem fit.
We reserve the right, without notice, to edit, amend, format, enhance, cut, and adapt any recordings, blog post and/or write-up in which the guest appears, and may at our sole discretion choose to publish or not publish any such recordings, blog posts and/or write-ups.
Your privacy is very important to us and your personal information is protected to the best of our ability as outlined in our Privacy Policy.
Your use of this App or Website is also subject to our Privacy Policy, and your agreement to the Privacy Policy is hereby incorporated into these Terms and Conditions.
Your use of the our App or Website is also subject to the our Disclaimer.
Please review our Disclaimer, which also governs the App or Website and informs users of various limitations regarding the information provided on the App or Website.
Your agreement to the Disclaimer is hereby incorporated into these Terms of Use.
As set forth more fully in the Disclaimer, the information contained on this App or Website and the resources available for download through this App or Website are for educational and informational purposes only.
The information contained on this App or Website and the resources available for download through this App or Website is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.
You understand and acknowledge that in terms of the regulation of interception of communication and provision of communication related information acts, we are entitled to and do hereby reserve the right to intercept, monitor, read, filter, block or take action in respect of any communication made, transferred, or stored belonging to us or relating to any Services between you, us and any of our staff (whether permanently employed, contract, outsourced or temporary).
You understand that any agreement made or entered into by email, message and/or by electronic signature between you and us will be deemed legally binding.
You understand that any calls, video conferences, events, meetings, emails or messages between the yourself and us may be recorded for reference, training and/or marketing purposes and may also be used should any dispute arise.
You understand that we reserve the right, at our discretion, to record and/or store any/all calls, messages, emails, documents, conferences, webinars, events, actions, and/or meetings with any person we engage with directly, whether browsers, guests, vendors, customers, affiliates, merchants, partners and/or contributors, or prospective customers, and whether online or offline.
By accessing our App or Website and/or purchasing any of our Services and/or engaging with any of our staff, you consent to us recording and saving any/all calls, messages, emails, conferences, webinar, events, and/or meetings in which you (or someone you have allocated or delegated to) participate, and/or directly relating to any Services you may have accessed, purchased or expressed interest in.
These recordings and/or documentation are confidential and will not be shared with anyone, including yourself, with the exception of being used by us for reference and/or documentation of engagement and/or dispute resolution and/or any legal processes at our discretion.
These recordings and/or documentation are owned by us, with all rights to such, and you agree to have no claim to such recordings and/or documentation and agree that any calls, messages, emails, documents, conferences, events, actions and/or meetings may be recorded.
We also reserve the right to, at our discretion, to record and/or store any/all actions taken, online or offline, whether browsers, vendors, customers, affiliates, merchants, partners and/or contributors, or prospective customers for audit trail purposes.
As set forth more fully in the Disclaimer, we have done our best to ensure that the information provided on this App or Website and the resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information.
Neither Quirkz nor any of its owners or employees shall be held liable or responsible for any errors or omissions on this App or Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
By using this App or Website, you accept personal responsibility for the results of your actions.
You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this App or Website or the resources available for download from this App or Website.
You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this App or Website.
Furthermore, occasionally there may be information on our App or Website or in our Services that contains typographical errors, inaccuracies or omissions that may relate to our Services’ content, pricing, promotions, offers, materials, dates and times and availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in our Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in our Services or on any related website, including without limitation, pricing information, except as required by law.
The information, software, products, and Services included in or available through the website may include inaccuracies or typographical errors. Changes are periodically added to the information herein.
We and/or our suppliers/partners may make improvements and/or changes in the App or Website at any time.
We express no representations or warranties, of any kind related to this App or Website or the Services or content contained on this App or Website or the performance or operation of the App or Website.
We further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, courses, masterclasses, products, books, or Services included on or through this App or Website.
We do not guarantee, represent, or warrant that your use of our App or Website and Services will be uninterrupted, timely, accurate, 100% secure or error-free.
We do not warrant that the results that may be obtained from the use of the App or Website or Services will be accurate or reliable.
You agree that from time to time we may remove Services, including features, tools, content and other information from our App or Website for indefinite periods of time or cancel any Services at any time, without notice to you.
You expressly agree that your use of, or inability to use, our App or Website or Services is at your sole risk.
All Services delivered to you through the Service are (except as expressly stated by us in writing) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind (to the fullest extent permissible by law), either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
As set forth more fully in the Disclaimer, you agree that we have not made any guarantees or warrantees about the results of taking any action, whether recommended on this App or Website or as part of a Service, or not.
We provide educational and informational resources that are intended to help users of this App or Website and our Services succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of us.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of our or otherwise – applying the principles set out in this App or Website or Services are no guarantee that you or any other person or entity will be able to obtain similar results.
You agree to absolve and not hold liable Quirkz, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, loss of use, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of, or inability to use, or performance of our Services or App or Website, or for any other claim related in any way to your use of any of our Services or App or Website, the provision of failure to provide our Services, including, but not limited to, any errors or omissions in any content, resources, courses and mentorship or any loss or damage of any kind incurred as a result of the use of our Services or App or Website, whether posted, transmitted, or otherwise made available via our Services and/or App or Website, even if advised of their possibility.
Quirkz and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, Services and related graphics contained on the App or Website or made available to you via other means for any purpose.
To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind.
Quirkz and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
Because some countries and states do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
If you are dissatisfied with any portion of the App or Website or Services, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the App or Website and Services.
You agree to indemnify, defend and hold harmless Quirkz and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use of or inability to use the App or Website or Services, any user postings made by you, your violation of any Terms of Use (or related policies) or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
We reserve the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
You understand that each Service may have a different cancellation and refund policy, and when purchasing any Service you agree to the conditions of such cancellation and refund policy.
We want you to be satisfied with your purchase but we also want you to give your best effort to apply all of the strategies in the Services we provide, and as you must demonstrate that you have attempted to implement the Services without success.
To meet this requirement, you must submit the work outlined in the terms and conditions for the Service you are requesting a cancellation/refund for in line with the cancellation and refund policy relating to that Service/s.
We are committed to resolving any concerns, disagreements, and/or disputes in accordance to our policies.
In the event of a concern, disagreement and/or dispute you agree to the following process being followed:
The decision of the arbitrator is binding on both parties, and both parties hereby agree to accept the final decision of the arbitrator forthwith and that no further claims may be made by either party.
Both parties further agree to the following:
In the event that either party is in breach of these terms, the aggrieved party may seek monetary relief from the other party to the fullest extent as permitted by law.
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this App or Website and/or Services, Quirkz, any and all contracts you enter into with us, and any and all of our products and Services.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Delaware, The United States of America.
You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company.
To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
Both parties agree that the decision of the arbitrator at the end of arbitration is final and binding, and not further legal recourse may be sought.
In the event which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
Our App or Website and Services are controlled, operated and administered by Quirkz based in The United States of America.
If you access the Service from a location outside the The United States of America, you are responsible for compliance with all local laws.
You agree that you will not use our content or Services accessed through the App or Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable sentence or paragraph shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.
If for some reason you believe that anyone is not adhering to the principals we have outlined in these Terms of Use, please notify us and we will do our best to promptly address any issues.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
We reserve the right, in its sole discretion, to terminate your access to the App or Website and the related Services or any portion thereof at any time, without notice.
To the maximum extent permitted by law, and you hereby consent to resolve any and all disputes arising under or related to this App or Website or the Terms of
Use pursuant to the Dispute Resolution and Arbitration clauses above.
Use of the App or Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
If in our sole judgment you fail, or we suspect that you have failed to comply with any term or provision of these Terms of Use (or related policies and agreements), we may terminate your access to our App or Website and/or Services, in part or in full, at any time without notice and you will remain liable for all amounts due up to and including the date of termination.
In addition to any termination clauses specified in this or our other agreements, the following clauses will result in the immediate termination of any and all agreements.
In the event that one of the parties is declared insolvent or bankrupt all current agreements will be declared terminated with immediate effect unless where personal surety has been provided by the party declaring insolvency or bankruptcy.
In the unfortunate event of death, incapacity or resignation of either individual representing the authorised signatory, mentor and/or agreement between both parties, except where handover has been or can be done.
In the event that either party has committed a legal felony and in breach of the laws within the country/ies of operation.
In the event of whatever form of termination as specified in this section, we both agree to continue our cooperation in order to affect an orderly termination of our relationship and you understand that you shall have no further rights or access to any Service/s that you may have purchases and paid for.
In the event of any of the above circumstances, any money you have paid for Services will not be refunded, whether or not the Services have been rendered in full or not. Any money still owning to Quirkz will become due in full upon termination of this and any of our other agreements and payable within 5 (five) business days.
The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use and any policies or operating rules posted by us on this App or Website or referenced in these Terms of Use, or in respect to the Services we provide constitutes the entire agreement and understanding between you and us and govern your use of the App or Website and Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).
Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
It is the express wish to the parties that this agreement and all related documents be written in English.
These Terms of Use, related and/or referenced policies, and any separate agreements will be governed by and interpreted in accordance with the laws of The United States of America, and you submit to the non-exclusive jurisdiction of the courts located in Delaware in The United States of America for the resolution of any disputes.
You can review the most current version of the Terms of Use at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use, or related policies, from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the App or Website thereafter.
Your continued use of or access to our App or Website, Services or the Service following the posting of any revised Terms of Use constitutes acceptance of those changes.
It is your responsibility to check this page from time to time so you are aware of any changes, as they are binding on you.
We shall not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in fulfilling or performing any term specified in these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Quirkz including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
You are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms of Use or any related or reference policies.
The titles and sub-titles used in our policies are used for convenience only and are not considered in construing or interpreting this policy.
For more information about our Terms of Use, or if you have questions, or if you have any concerns, please contact us by e-mail at hello@quirkz.io.
These additional policies and terms and conditions are directly linked and associated with the Terms of Use, and include:
Any additional terms and conditions and/or agreements and/or modifications of existing terms in policies communicated with you in writing electronically will also form part of these Terms of Use.
