QVEDO User Agreement
This User Agreement (hereinafter referred to as the Agreement) is concluded between QUEEDO (THAILAND) CO., LTD. (Taxpayer identification number (TIN): 0105566074684), hereinafter referred to as the "Administration" and any person intending to use and / or using the QVEDO mobile application and / or the functionality of the site https: //qvedo.com (hereinafter referred to as the Platform), hereinafter referred to as the "User", collectively referred to as the "Parties".
1. General Provisions
1.1. The text of this Agreement is a public contract - an offer (proposal) of the Administration, addressed to an indefinite circle of persons and containing the Administration's proposal to conclude an agreement with each User that regulates the use of the Platform by the User on the terms specified in this document, as well as in the Personal Data Processing Policy at https://qvedo.com/data-use.
1.2. Any use by the User of the Platform means acceptance (acceptance) of all the terms of this Agreement, as well as the terms of the Personal Data Processing Policy, in full, without any reservations or exceptions. If the User disagrees with any of the provisions of the Agreement and / or the Personal Data Processing Policy, the User is not entitled to use the Platform and must immediately stop such use.
1.3. The User agrees that the Administration has the right at any time, with or without prior notice to the User, to change the provisions of this Agreement and the terms of the Personal Data Processing Policy, establish and / or change restrictions on the use of the Platform. The current version of this Agreement is posted at the following address on the Internet: https://qvedo.com/en/user-agreement.
The risk of not getting acquainted with the new version of the Agreement and the Personal Data Processing Policy is borne by the User, continued use of the Platform after changing the terms of the Agreement or the Personal Data Processing Policy is considered unconditional and full agreement with their new version, acceptance of all changes without any exceptions or restrictions.
1.4. If the Administration has made any changes to this Agreement, in the manner provided for in clause 1.3 of this Agreement, with which the User does not agree, he is obliged to stop using the Platform.
1.5. Terms used in this Agreement:
1.5.1. User - any individual who has reached the age allowed in accordance with the legislation of the Kingdom of Thailand to accept this Agreement and who has the appropriate authority, who uses or intends to use the functionality of the Platform for the selection, booking and payment of tourist attractions, hotels and catering establishments.
1.5.2. Supplier - the Platform User who posts information on the website about tourist attractions (events), hotels or catering establishments, of which he is the official representative. The Supplier is subject to all the rules of this Agreement established for other Users, with the exception of cases regulated by the terms of the Public Offer at: https://qvedo.com/en/terms-of-service.
1.5.3. Platform - QVEDO mobile application available for download to devices at the following addresses: https://appgallery.huawei.com/, https://www.apple.com/app-store/, https://play.google.com/, as well as the site located at: https://qvedo.com, which are the results of intellectual property in the form of computer programs. The Platform in all versions is represented in an objective form by a set of data and commands, as well as generated audiovisual displays (including graphic images and a user interface included in it) intended for the functioning of computers and mobile devices in order to obtain a certain result in the form of organizing the functionality of the Platform. The set of data and commands consists of activated and non-activated data and commands.
1.5.4. User registration is the process of creating the User's Personal Account by filling out the form at: https://qvedo.com by indicating the last name, first name, patronymic, email, mobile phone number, age, gender, date and place of birth, level of physical activity, as well as data for integration with social networks Google, Facebook, Yandex (Yandex), VK (Vkontakte) and / or data for integration with the State Services portal - login / username, email address.
1.5.5. The User's Personal Account is a special subsection of the Platform, which displays information about the Services purchased by the User and the functionalities used, as well as other information that allows the User to access certain functionality of the Platform.
1.5.6. Login is a sequence of characters that represents the User's e-mail for the purposes of his Authentication.
1.5.7. Password - a reusable password representing a sequence of characters defined by the User, which is used to confirm the User's right to Authenticate with the corresponding Login.
1.5.8. Authentication is a procedure for checking the User's authority to enter the Personal Account by the Platform.
1.5.9. User's personal information - any information that the User provides about himself when registering (creating the User's Personal Account) or in the process of using the Platform, including the User's personal data, as well as information that is automatically transmitted to the Application Administration in the process of using the Platform using the Software user, including IP address, cookie information, information about the User's browser, geolocation data of the User's devices, data on the User's actions on the Platform, as well as other data about the User. In more detail, the Administration's relations regarding the personal data of Users are regulated by the Personal Data Processing Policy, located at: https://qvedo.com/en/data-use.
1.5.10. Information - any information placed (placed) by the User or the Administration on the Platform.
1.5.11. Complaint, claim, dispute - a description by the User of any problem related to the provision of services by Suppliers using the Platform, expressed by sending an e-mail to the Administration at the address: hello@qvedo.com.
2. Subject of the agreement
2.1. The QVEDO Platform is a marketplace for travelers created to select, book and pay for tourist attractions, hotels and catering establishments, information about which is posted on the Platform by Suppliers. The objective of the Platform is to post information about tourist attractions, hotels and catering establishments, which allows the User to choose the most advantageous offer for him according to the totality of conditions.
2.2. Under this Agreement, the Administration provides the User with free access to the Platform and its functionality in accordance with this Agreement.
2.3. The Platform Administration does not request and in no way process any personal data of the User, except for those specified in clause 1.5.6.
2.4. By creating a Personal Account on the Platform, the User indicates reliable and complete information about himself on the issues proposed in the registration form, and keeps this information up to date, and also gives his consent to the processing of personal data by the Administration, to the extent necessary for use by the User of all the functionality of the Application.
3. Exclusive rights to the Platform**
3.1. The Platform (the QVEDO mobile application and the site https://qvedo.com) is a computer program, all rights, including exclusive rights to any results of intellectual activity included in it, including the program code, posted on the Database Platform (information about Suppliers), works of design, texts, as well as means of individualization (company name, trademarks, service marks, commercial designations) to which the Administration and, in some cases, Suppliers (trademarks, trade names, commercial designations) belong.
3.2. The User is granted a limited right to use the Platform in accordance with the terms of the Agreement. Such right may be terminated at any time in case of violation by the User of the terms of the Agreement or other acts of the Administration posted on the Platform, including the Personal Data Processing Policy.
3.3. The User undertakes not to use the results of intellectual activity posted on the Platform (images, texts, program code) without the prior written consent of the Administration or the Supplier, if the rights to such results belong to the Supplier.
3.4. The use of the Application by the User means that he agrees that the Administration has the rights provided for in clause 3.1., and that he does not have the right to transfer his rights to use the Platform.
4. Use of the Platform
4.1. The functionality of the Platform, including materials and information posted by the Providers, is provided to the User "as is" (AS IS). The Administration is not responsible for the commercial suitability of the Platform, does not provide any guarantees regarding compliance the Platform to the specific purposes and expectations/requirements of the Users or the ability to customize sections of the Platform in accordance with the preferences of the User, and also does not guarantee that the software that makes up the Platform is completely free from defects and errors, and must function uninterruptedly and without fail.
4.2. The Administration does not guarantee the availability of the Platform at any time. And also it does not provide any other guarantees not expressly specified in the Agreement.
4.3. The Administration makes all reasonable efforts to prevent failures and malfunctions in the operation of the Platform, but does not guarantee its uninterrupted operation, is not responsible for such work and is not obliged to notify Users of interruptions.
4.4. It is prohibited to copy, reproduce, republish, upload, post, transfer, distribute the content contained on the Platform, as well as use it to create a derivative Platform without obtaining the prior written consent of the Administration, except that the Administration provides the User with a non-exclusive, non-transferable, limited permission to gain access to the Platform on the terms set forth in this Agreement and other legal documents applicable to the Parties.
4.4.1. Implementation of any actions listed in paragraph 4.4. The Agreement, but not limited to them, is the basis for blocking access to the Platform for the User who allowed such implementation.
4.5. The User acknowledges and agrees that the technical processing and transmission of information on the Platform, including that provided by the User, may include data transmission over various networks, including unencrypted network communication channels The Internet, which is never completely private and secure, consents to such transmission. The User understands and accepts the risks associated with the transfer of personal data and other confidential information using the Internet.
4.6. The User confirms and agrees that the Administration provides the technical possibility of using the Platform by Users, does not control and is not responsible for the actions or inaction of any persons in relation to the use of the Platform or the formation and use of the content of the Platform.
4.7. By registering on the Platform as a User, the person creating the Personal Account confirms that all information provided by him during registration and later when using the Platform is reliable, does not violate the rights of third parties, and the User has the right to disseminate such information. The user bears all responsibility for the consequences resulting from the provision of false or deliberately false information, as well as for the violation of the rights and interests of other persons as a result of such actions.
4.7.1. The Administration has the right to request from the User confirmation of the accuracy of the information provided by the User (in particular, identity documents), failure to submit which, at the discretion of the Administration, may be equated with the provision of false information and entail the consequences provided for in clause 4.7.2 of the Agreement. If the User's data specified in the documents provided by him do not correspond to the data specified during registration, and also if the data specified during registration does not allow the User to be identified, the Administration has the right to deny the User access to the Platform.
4.7.2. If the User refuses to confirm the accuracy of the information provided by him, the Administration has the right, at its own discretion, to block access to the Platform for such a User.
4.8. The User has the right to post reviews and / or requests on the Platform, which must comply with the legislation of the Kingdom of Thailand, including, but not limited to, the rules on the absence of obscene, rude, offensive language, calls of an extremist nature, and must not violate other rights and interests of citizens and legal persons and the requirements of the legislation of the Kingdom of Thailand.
4.8.1. The administration has the right to moderate reviews, including the right delete reviews that violate the provisions of this Agreement, reviews of the Supplier's representative himself about the services offered on the Platform by the Supplier.
4.9. The User is prohibited from posting links to other sites or mobile applications on the Platform, unless otherwise expressly permitted by the Administration. The administration reserves the right to remove links to any sites or mobile applications without prior notice and explanation.
4.9.1. For violation of the rule provided for in clause 4.9. of the Agreement, the Administration has the right to prohibit the relevant User from accessing the Platform.
4.10. The Administration is not liable to Users and/or third parties for any type of loss, damage, lost profits, directly or indirectly related to errors, inaccuracies or incompleteness of information posted on the Platform by other Users or Suppliers, due to the use of the Platform by the User.
4.11. The Administration is not responsible, does not accept and does not consider the claims of the Users related to the discrepancy between the level of the event / hotel / catering establishment booked on the Platform, organized and conducted by the Supplier, the subjective expectations of the User and / or the level according to any of the classifications.
4.12. The User, within twenty-four hours from the moment of visiting the relevant event / hotel / catering establishment booked on the Platform, and discovering any problem with the provision of relevant services by the Supplier, may contact the Administration with a Complaint, as well as request a full or partial refund of the payments paid by him to the Supplier funds and/or cancellation of the booking or resolution of any other problem. The Administration undertakes to consider the User's Complaint and within a reasonable time to provide the User with information about the possibility / impossibility of resolving the problem described in the Complaint by sending it to the Administration's e-mail address: hello@qvedo.com.
4.12.1. When submitting a Complaint, the User must, in support of his claims, attach evidence of a violation of the rules for the provision of any service of the Provider, information about which was posted on the Platform (photos, videos or other written or material evidence).
4.12.2. When sending a Complaint within the period exceeding that specified in clause 4.12., the Administration takes measures to resolve the dispute at its own discretion.
4.12.3. In the event that the Administration makes a positive decision in favor of the User who requested a refund of the funds paid to the Supplier, the administration reserves the right to determine the amount of the refund at its discretion and returns the paid funds on the next business day after the request for a refund is satisfied.
4.12.4. The User reserves the right to resolve a dispute (problem) related to the provision of services by the Supplier in court by filing a claim with the Supplier.
4.12.5. It is not allowed to apply to the Administration with a Complaint solely with the intention to cause harm to the Supplier (abuse of the right), without evidence of poor quality provision (or non-provision) by the Supplier of the Service booked on the Platform.
5. Final provisions**
5.1. If any condition of this Agreement, as well as other legal documents applicable to the legal relations of the Parties, or part thereof becomes invalid in whole or in part in accordance with any normative act or provision of the law, such condition or part thereof will not be considered part of this Agreement , as well as other legal documents applicable to the legal relations of the Parties, and at the same time will not affect the legal force of the rest of the legal documents applicable to the legal relations of the Parties.
5.2. For all issues not regulated by this Agreement and other legal documents applicable to the legal relations of the Parties, the legislation of the Kingdom of Thailand shall apply, unless otherwise agreed by the Parties and/or applied in accordance with international law.
5.3. Any disagreements related to the operation of the Platform shall be resolved through negotiations, as well as in the order of pre-trial settlement by sending a claim.
5.4. Claims shall be sent by the Parties in writing, with documents substantiating the claims being attached. The received claim is considered by the Administration within a period not exceeding 10 (ten) calendar days from the date of its receipt.
5.5. The parties have established that the proper way to send a claim is to email the Administration at hello@qvedo.com. Sending a claim in accordance with the procedure established by paragraph 5.3 of the Agreement is equivalent to a written one.
5.6. The Administration's responses to the User's appeals and claims are recognized as sent in the proper form if they are sent to the Personal Account, or to the User's email address specified during registration, or in writing to the User's postal address (if such an order is received from the User).
5.7. With regard to services provided under this Agreement free of charge, the rules on consumer protection provided for by the legislation of the Kingdom of Thailand cannot be applicable to relations between the User and the Administration.
5.8. Nothing in the Agreement can be understood as the establishment between the User and the Administration of agency relations, partnership relations, relations on joint activities, personal employment relations, or any other relations not expressly provided for in the Agreement.
5.9. The Administration reserves the right to provide the functionality of the Platform in a limited mode, including due to the failure of third parties to provide the Administration with the services necessary to provide the functionality of the Platform.
5.10. The User confirms that all the terms of the Agreement are clear to him, and accepts them in full without reservation.
6. Details of the Administration
QUEEDO (THAILAND) CO., LTD.
139 Sethiwan Tower, Pan Road, Silom, Bang Rak, Bangkok, 10500
Company registration number (TIN) 0105566074684
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