Terms of Service for Business Customer (B-TOS)
By combining QR Codes and advanced cellphones (smartphones, tablets etc) GO4Q enables to mobile shopping and mobile payment. These Terms of Service (the "Terms of Service" or "Agreement") sets forth the terms and conditions that apply to the use of the GO4Q Service by Business Customers.
Through this website (www.GO4Q.mobi) and its mobile applications (apps) and GO4Q-QR codes, IT-WERKE SERVICE GMBH , doing business as GO4Q ("GO4Q","company","we" or "us"), provides access to software and services (collectively, the "Service") that allow Business Customers to use GO4Q as a method of selling to end customers ("Order Method"), a method of payment ("Pay Method") ("collectively, the Methods") and engage in GO4Q- based Merchant loyalty programs ("Loyalty Programs").
The Service may also include other information and interactivity.
In these Terms of Service, "customer", "user" or "you" means any professional person ("merchant") using the service, whether by browsing the GO4Q website or mobile apps or participating in any other activities available through the service. Consumers are referred to as consumers or end-user/end-customer.
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 METHODS, BY USING THE SERVICES, OR BY DOWNLOADING THE GO4Q APPLICATION, YOU ARE ENTERING INTO THIS AGREEMENT WITH GO4Q AND AGREE TO COMPLY WITH ALL OF THE TERMS OF SERVICE HEREOF. THIS IS A LEGALLY BINDING AGREEMENT.
If you do not agree to these terms and conditions, you may not use the Service or this website, or the Methods, or engage in a Loyalty Program, or download 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.
In order to use the methods, you must create an account and register with us ("Account"). If you register as business customer or otherwise use the Service, you represent and warrant to GO4Q that: (i) you are of legal age and entitled to form a binding contract on behalf of your company; (ii) you will 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) all such registrations use an actual bank account and email address owned and operated by you.
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 and the represented company. 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 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 Business 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 customers 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. License to Use the Service
Subject to your payment of any applicable fees, GO4Q authorizes you to access, view and use the Site Content and Software (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. Terms of the Service
GO4Q is a service based on QR-codes which can be used as a method of ordering and/or paying (using GO4Q order codes or GO4Q payment codes) by end users ("customer") for goods or services offered by you as a merchant, and/or access your loyalty program.You must have registered with us 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.
Transaction specific GO4Q payment codes are generated via a dedicated POS interface.
Product specific GO4Q order codes are generated based on data submitted by you as the responsible merchant to your account at www.GO4Q.mobi. If agreed upon, other ways of data submission and generation of order codes are possible.
The entire responsibility for accuracy of prices, product-data and product-availability remains with the merchant.
GO4Q acts legally as an middleman. Transfer of ownership is timed to the instant when the customer has confirmed his order. Customer will be charged the price tagged on merchandise. The price might include cost of shipping.
GO4Q services are remunerated by a share or commission on actual turnover (Service Charge). It is calculated as a percentage of sales price visible to the customer including all handling, shipping and insurance cost.
Electronic provision of GO4Q order codes / GO4Q payment codes is free of charge.
Without any further agreement, any successful sale intitles it-werke to a remuneration according to http://www.GO4Q.mobi/en/commissions.
(a) Payment - Each time the customer scans a GO4Q payment code and executes the actions indicated by the user-interface to confirm the payment, the customer mandates GO4Q to debit the referenced amount from his account, using the indicated payment means. Said amount will be forwarded within agreed upon payment period to account indicated by merchant upon enrolment, after deduction of margin.
To avoid losses in case customers unability to pay, optional agreements for payment defaults are available. If such provisions were not selected and have such become part of this agreement, risk of non-payment remains entirely with the merchant.
(b) Order - Each time a customer orders a product by executing the actions indicated by the user-interface, he mandates 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.
With the creation of a GO4Q order code, you commit yourself as a merchant to have the referenced product available in quantity as indicated in your GO4Q account. You commit yourself as well to ship the ordered product within 24 hours to the customer. If these terms cannot be respected for whatever reason, it is within your responsibility as concerned merchant, to inform the customer and find an acceptable solution. Violation of this regulation might entail exclusion from GO4Q system.
In addition, you commit yourself as a merchant to avail service numbers and return address to customer along with the shipment. Please use respective forms.
If the customer is entitled to reimbursement, this shall be done by merchant, using an account indicated by customer.
GO4Q will restitute GO4Q service charge if returns are not due to late delivery, discrepancies in promised and actual quality of product or other default in merchants responsibility.
Entitlement to a margin comes to live with the order of the customer. Customer withdrawal from purchase due to late delivery or discrepancies in promised and actual quality of product, does not affect GO4Q rights. GO4Q is not liable for any payment default resulting from canceled orders.
GO4Q ENABLES SHOPPERS (CONSUMERS) TO PURCHASE GOODS FROM A (MERCHANT).
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 SUPPLYING MERCHANT. THIS APPLIES PARTICULARLY FOR GENERAL PRODUCT LIABILITY, WARRANTY AND EXCHANGE.
THESE REGULATIONS REMAIN VALID, EVEN IF GO4Q ACTS AS A BROKER.
Loyalty Programs are specific to you as the issuing merchant. You are solely responsible for all aspects of the Loyalty Program, 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, 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 or is linked by the latter. 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
After each use of the Order Method by a consumer, Company will announce you by email or any other suitable means of communication the order and product, indicating customer and shipping address and confirm transaction and payment.
If said announcement looks incorrect, or in any way fraudulent, you shall inform us by email. The transaction shall not be executed.
If any other fraudulent activity occurs involving your account, please present Company with an affidavit in a form acceptable to us with respect to the facts of such suspected fraudulent use, and we will endeavor to investigate such suspected fraudulent use.
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. End user transaction data are collected and stored for billing and supporting documentation.
Transmission of data to third parties is excluded without explicit agreement of retail customer.
For fulfillment and service purposes, you might receive customer data from GO4Q. Availing these data for other than fulfillment and service purposes to 3rd parties is not allowed.
GO4Q might use third party services for "data processing on behalf". In this 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.
This 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 THAT (i) THE SERVICES, AND GO4Q PROPERTY WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, (ii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICES OR GO4Q PROPERTY, AND (iii) 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.
GO4Q EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ALL SERVICE AND PRODUCTS OFFERED USING GO4Q. ALL WARRANTIES RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE. ALL LIABILITY AND WARANTY FOR PRODUCTS OFFERED AND SOLD USING GO4Q SERVICES REMAINS ENTIRELY WITH THE MERCHANT.
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.
12. Suspension; Modifications and Termination
GO4Q reserves the right to suspend your password and/or access to the Service at any time if it believes you are in breach of this Agreement. 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 "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, 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.