Through this website (www.GO4Q.mobi) and its mobile applications (apps) and microsites, IT-WERKE SERVICE GMBH, doing business as GO4Q ("GO4Q","Company","we" or "us"), provides access to software and services (collectively, the "Service") that allow Consumers to use GO4Q as a method to transmit orders ("Order Method") or to pay ("Pay Method") ("collectively, the Methods") and use GO4Q to participate in merchant loyalty programs ("Loyalty Programs").
The Service may also include other information and interactivity. The range of services offered my vary from country to country.
In these Terms of Service, "customer", "user" or "you" means any person using the GO4Q service, for ordering, purchase or payment in any form, be it via a website, a mobile app, TV, advertisement or any other communication means. "merchant" is used in the sense of the person or company offering goods via advertisement, shopping windows or other means. Said merchant is responsible for all quality, shipment or service related issues.
READ THIS AGREEMENT CAREFULLY.
BY USING THIS WEBSITE (OTHER THAN TO READ THIS AGREEMENT FOR THE FIRST TIME), BY INDICATING ACCEPTANCE OF THIS AGREEMENT, BY USING THE SERVICES, OR BY DOWNLOADING THE GO4Q APPLICATIONS, OR BY SCANNING A GO4Q CODE AND CONFIRMING YOUR TRANSACTION, YOU ARE ENTERING INTO THIS AGREEMENT WITH GO4Q AND AGREE TO COMPLY WITH ALL OF THE TERMS OF SERVICE HEREOF AND AGREE THAT THIS IS A LEGALLY BINDING CONTRACT.
If you do not agree to these terms and conditions, you may not use the Service or this website, or use the GO4Q application. The invalidity of one or more paragraphs of this document does not entail the invalidity of the document as such.
The usage of basic GO4Q features does not require a registration. I might be necessary to indicate an email to participate in collection and loyalty programs or raffles. In order to use GO4Q for payable services, you must register and indicate at least one means of payment. The latter does not apply in case of ordering of promotional products with are offered for free.
With your registration or by using the Service, you represent and warrant to GO4Q that: (i) you are of legal age and entitled to form a binding contract; (ii) you did provide GO4Q with accurate, current and complete registration information; (iii) your registration and your use of the Service is not prohibited by law; and (iv) indicated bank account /credit card data and email address are owned and operated by you and you are entitled to use the respective data. (v) you intitle GO4Q, to charge one of your payment instruments with the amount authorized while ordering or paying. If you did not indicate a preferred instrument, GO4Q is free to select. To confirm your identity and for your protection GO4Q will does a 1€ test debit/credit transaction on your creditcard accounts. You might see pending transaction on your balance sheet until the validation is terminated. Your account will not be charged.
SEPA direct debit: If you choose direct debit as payment option and indicate a bank account for this purpose, you mandate it-werke Service GmbH, with your consent to the present terms, to debit payable amounts recurrently from your account. You give corresponding instructions to your bank. Debiting is done using the it-werke Service GmbH creditor ID (CID) or using the CID of a institution mandated by it-werke. Your GO4Q user id, available after login into “mygo4q” will be used as reference to this mandate. You agree further on that GO4Q debits your account the next bank working day, following your purchase, and that a physical payment slip, an electronically received bill or notification are sufficient as pre-notification. As part of your rights, you are entitled to a refund from your bank under the terms and conditions of your agreement with your bank. A refund must be claimed within 8 weeks starting from the date on which your account was debited. Your rights are explained in a statement that you can obtain from your bank.
GO4Q reserves the right to suspend or terminate your registration, or your access to the Service, in the event that you breach any term of this Agreement. You are responsible for your own registration and all use of the Service under it. You shall not share your password nor use the Service through using the registration of any third party. Your registration, and this Agreement, is personal to you. It is not transferable by you to any third party without the prior written consent of GO4Q.
By registering for GO4Q, you hereby agree to all fees and penalties that may be applied to your Account in the event GO4Q deems your use of the Method as a violation of this Agreement, or in any way against the intended purpose or interest of the Method or any Program(s). In the event such violations cannot be rectified by fees and penalties (as determined by GO4Q), or in the event you attempt to register additional Account(s) once your Account has been terminated, GO4Q shall be entitled to collect treble damages associated with each violation.
Use of this website and services is limited to users who are at least 18 years old. If you are under the age of 18, you are not permitted to use this website, register as a Customer or send personal information to GO4Q.
3. Proprietary Materials and Ownership
The Service and the GO4Q website and online application and underlying software are the property of GO4Q. Without limitation of the foregoing, all the text, images, sound, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content on this website other than User Content as defined below (collectively, the "Site Content"), and all software embodied in the GO4Q website or mobile application or otherwise used by GO4Q to deliver the Service ("Software"), is proprietary to us or to third parties (which shall be presented upon request) and are protected by copyright and other intellectual property laws. Except as otherwise expressly permitted by this Agreement, any use, exploitation, copying, making derivative works, transmitting, posting, linking, deep linking, redistribution, sale, decompilation, modification, reverse engineering, translation or disassembly of the Software or Site Content is prohibited. You may be subject to criminal or civil penalties for violation of this paragraph. The marks "GO4Q," "it-werke" and the GO4Q logo are registered or unregistered trademarks of it-werke, and they may not be used in connection with any service or products other than those provided by GO4Q, in any manner that is likely to cause confusion among third parties, or in any manner that disparages or discredits GO4Q.
The Service also features the trademarks, service marks, and logos of Merchants and other third parties, and each owner retains all rights in such marks. Any use of such marks, or any others displayed on the Service, will inure only to the benefit of their respective owners.
4. Usage of GO4Q Service
Subject to your agreeing to the present ToU, GO4Q authorizes you to access, view and use the Site Content, Software and functionality (collectively, the "GO4Q Property") solely to the extent necessary for you to use the Service. You may not remove any copyright, trademark or other proprietary notices that have been placed on the GO4Q Property. Except as expressly permitted by this Agreement, any modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the GO4Q Property, or any portion of the GO4Q Property, is strictly prohibited without the prior written permission of GO4Q.
You agree, and represent and warrant, that your use of the Service and the GO4Q Property, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Service, the GO4Q Property or your use of them, and that in using the Service you will not engage in any conduct that restricts or inhibits any other person from using or enjoying the Service.
You are responsible for obtaining and maintaining the computer, smartphone and other equipment you use to access the Service, and for paying for such equipment and any telecommunications charges. We are not liable for any loss or damage you suffer arising from damage to equipment used in connection with use of the Service.
5. Ordering - Payment - Returns
GO4Q is a service which can be used as a method of ordering and/or paying (using GO4Q order codes or GO4Q payment codes) by consumers ("customer") for goods or services. GO4Q might also be used to provide access to loyalty programs or raffles. GO4Q is based on functional codes which are printed, transmitted by sound or other means. For their interpretation, suitable hard- and software is required.
To benefit of these services, you must have registered with GO4Q in order to engage the Methods, and/or a Loyalty Program. When you engage in the Methods, you are bound by this Agreement and any other program-specific Terms. By using you agree also that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a "signing" for all purposes.
Transaction specific GO4Q payment codes are generated via a dedicated POS interface.
Product specific GO4Q order codes are generated based on data submitted by the responsible merchant at www.GO4Q.mobi. The entire responsibility for accuracy of prices, product-data and product-availability remains with the merchant.
GO4Q is free of charge for you as a consumer. Depending on your bank /credit card company, you might be charged for account, transactions and card use.
After scanning of a GO4Q order code or GO4Q payment code using a suitable device and the GO4Q-app, you have to confirm your order or payment by an action indicated by the user interface e.g. "Press Button" / "Enter Security PIN". In the moment of your ordering or paying, GO4Q receives all property rights of merchandise from merchant. The contractual agreement is between you and GO4Q.
(a) Payment - Each time you as a customer scan a GO4Q payment code and execute the actions indicated by the user-interface to confirm the payment, you mandate GO4Q to debit the amount referenced in the customer display or as tagged to the merchandise, from your account, using the indicated payment means. Said amount shall be used to settle the claims related to the respective purchase.
DURING REGISTRATION AND AHEAD OF ALL PAYMENT TRANSACTIONS, GO4Q MIGHT DO A CREDIT CHECK. IF YOUR PAYMENT HISTORY AND RATING IS LESS THAN REQUIRED, GO4Q MIGHT REFUSE THE PAYMENT. A RIGHT OF EXECUTION OF THE TRANSACTION DOES NOT EXIST.
ANY PAYMENT AUTORIZED BY YOU AND NOT EXECUTED BY THE INDICATED INSTITUTE/BANK, WILL BE DOCUMENTED AND YOUR CAPABILITY TO USE GO4Q SERVICES WILL BE SUSPENDED UNTIL NO PAYMENTS ARE PENDING.
YOU CAN QUIT GO4Q ANY TIME. ALL DATA WILL BE DELETED AS SOON AS THERE ARE NO MORE PENDING PROCESSES.
(b) Order - Each time you as a customer order a product by executing the actions indicated by the user-interface, you authorize GO4Q to process the payment according to (a) and to transmit product references according to order code produced by merchant and shipping details. Order information will be forwarded to merchant by mail if no other agreements are in place.
In case of annulment, customer bears standard cost for return of merchandise if ordered and received merchandise are equal and if value of said merchandise is inferior to 40€. If merchandise has obvious defaults due to transport, manufacturing or poor material, please indicate defaults to your forwarder or to service address received in your confirmation mail.
If you desire to return the merchandise, please send it to address received with confirmation email. Please use return form send with your merchandise.
Return address might differ from retailer address. Usage of wrong address might lead to delay or loss of merchandise. Merchant or GO4Q are in no way liable for such events.
When creating a GO4Q order code, the merchant indicates the number of products available. The product might be out of stock when you scan the respective QR-Code. Availability of products is not guaranteed.
Retailers working with GO4Q did commit themself to ship the ordered product within 24 hours to you. If these terms cannot be respected for whatever reason, it is within the retailers responsibility as concerned merchant, to inform you as the concerned customer and find an acceptable solution. Please inform us if such a situation is not handled to your satisfaction using: "lets-make-it-better@GO4Q.mobi"
GO4Q ENABLES THE SHOPPER (CUSTOMER) TO PURCHASE GOODS AND SERVICES FROM A SELLER (MERCHANT) OFFERING HIS MERCHANDISE PUBLICLY.
GO4Q SHALL IN NO WAY BE CONSIDERED RESPONSIBLE FOR AVAILABILITY, FEATURES, QUALITY, SHIPMENT OR RIGHT TO COMMERCIALIZE PRODUCT. ALL RIGHTS AND RESPONSIBILITIES WITH RESPECT TO SAID ASPECTS REMAIN ENTIRELY WITH THE OFFERING MERCHANT. THIS APPLIES PARTICULARLY FOR GENERAL PRODUCT LIABILITY, WARRANTY AND EXCHANGE.
THE AFOREMENTIONNED REGULATIONS APPLY ALSO WHEN GO4Q IS USED FOR PAYMENTS.
GO4Q might be used for Loyalty Programs or raffles. The organizer or isuing merchant is solely responsible for all aspects of said programs, including the quality of the goods and services, honoring the Loyalty Program's rewards and/or incentives ("Incentives"), any liabilities, injuries, losses or damages in connection with the use of the Loyalty Program, ralffle, and any unclaimed property liability arising from incentives, or any portion thereof.
6. Third Party Websites
The GO4Q website may contain links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by GO4Q. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
7. Ideas Submitted to GO4Q
GO4Q welcomes your comments about the Service. Submitted ideas or suggestions for the Service ("Service Comments"), will be considered, and will remain, the sole property of GO4Q. None of the Service Comments will be subject to any obligation of confidence on the part of GO4Q. GO4Q will not be liable for any use or disclosure of any Service Comment. Without limiting the foregoing, GO4Q will be entitled to unrestricted use and other exploitation of the Service Comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Service Comment(s).
8. Fraudulent Use
If we suspect a fraudulent use of your data, GO4Q will ask you ASAP by email or any other suitable means of communication to check the correctness of the transaction. In case of any fraudulent activity involving your account, please inform us immediately and present Company with an affidavit with respect to the facts of such fraudulent use. We will endeavor to investigate such event.
Any damages incurred by you arising out of, in connection with, or relating to any fraudulent use or suspected fraudulent use, and any payment of any fraud reimbursement amount will be conditioned on your signing an agreement in a form acceptable to us releasing us from any further claims with respect thereto and in the case that damages were avoidable with reasonable efforts of company. In the event that your report and claims of fraudulent use are inaccurate, deceptive or in any way fabricated, Company reserves the right to cancel User account immediately, and seek damages.
9. Data Storage and Use
To use and benefit GO4Q services, the program requires a one-time registration. Data are collected and stored according to the respective registration form found on the GO4Q.mobi website. Data are used for communication, billing and as prescribed for taxing. Transaction data are collected and stored for billing and supporting documentation.
Transmission of data to third parties is excluded without your explicit agreement, except for fulfillment and service purposes.
GO4Q might use third party services for "data processing on behalf". This includes also payment transactions. In any case GO4Q and said third party establish a corresponding agreement. The level of privacy between GO4Q and customer will also be applied in any "on behalf of processing" relation.
10. Warranty Exclusions and Limitations of Liability
GO4Q is dedicated to provide high quality service on a constant basis. Therefore state of the art technology is used and all procedures follow reasonably applicable quality standards. In spite auf these precautions, errors might occur. Therefore GO4Q does not warrant that the Service or GO4Q Property will operate error-free or without downtime. GO4Q may pause or interrupt the Service at any time, and users should expect periodic downtime for updates to the Service.
GO4Q does not control the security of the Internet, or of other networks you use to access the website. GO4Q is not responsible for the security of information that you choose to communicate with GO4Q and the website while it is being transmitted. Additionally, GO4Q is not responsible for any data lost during transmission.
GO4Q EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE SERVICE AND OFFERED PRODUCTS, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (ii) THAT THE SERVICES, AND GO4Q PROPERTY WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, (iii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICES OR GO4Q PROPERTY, AND (iv) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICES OR THE GO4QPROPERTY.
WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT REMAIN VALID.
Advice or information, whether oral or written, obtained from GO4Q or through the Service will not create any warranty if not expressly stated herein.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM GO4Q ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE ARISING FROM OR RELATING TO THE SERVICES, THE METHOD, GO4Q PROPERTY, ANY INCENTIVES OR ANY GOODS AND SERVICES PURCHASED OR RECEIVED, EVEN IF GO4Q HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
ALL LIABILITY AND WARANTY FOR PRODUCTS OFFERED AND SOLD USING GO4Q SERVICES REMAINS ENTIRELY WITH THE MERCHANT USING GO4Q.
SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU AS SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ALL OTHER PROVISIONS REMAIN VALID.
GO4Q is concerned about user privacy and operates the Service under the PrivacyPolicy published at https://www.GO4Q.mobi/en/datenschutz
We urge you to read this policy now and, because the policy is updated from time to time, later at your convenience.
12. Suspension; Modifications and Termination
GO4Q reserves the right to suspend your access to the Service at any time if we believe you are in breach of this Agreement or in the case of overdue payments.
GO4Q reserves the right to terminate or modify this Agreement, terminate the Service or modify any features or aspects of the Service, or modify its policies at any time, with or without notice to you. If we make changes which foreseeably materially affect your use of the Program or Services, we will post a notice of the change on the GO4Q website. You are under an obligation to review the current version of this Agreement and other published GO4Q policies before using the Service.
All provisions that by their nature require survival in order to be effective, shall survive the termination or expiration of this Agreement.
13. Force Majeure
In no event shall GO4Q be liable for any failure to comply with this Agreement to the extent that such failure arises from factors outside GO4Q's reasonable control.
14. Miscellaneous Provisions
As used in this Agreement, "including" means "including but not limited to"
The term "data" includes all information which comes to life during registration for and usage of GO4Q Services.
The term "partner" is used solely to denote another entity with whom GO4Q has a contractual arrangement. In no event shall any Merchant be construed as a legal partner of GO4Q or participating in a legal partnership with GO4Q, or vice versa.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law.
If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect.
Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and GO4Q regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter.
You shall not assign or transfer this Agreement or any right or obligation hereunder to any third party. This Agreement may be executed electronically, and your electronic assent or use of the Service shall constitute execution of this Agreement.
You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a "signing" for all purposes.
You agree to act in a way that complies with the letter and spirit of this Agreement and you understand that failure to do so can result in your immediate deletion of your GO4Q account.
15. Choice of Law
Any disputes arising out of or related to this Agreement and/or the Program shall be governed by the laws of the Germany. Court: Lahr
Effective Date of these Terms of Service: August 1, 2012.
I agree with the present ToU.
I agree that my data can be stored and used by GO4Q.