TERMS AND CONDITIONS

The Summary

Hello. You should read these terms and conditions in full because they apply every time you visit Qlowt and use any of its features. However, just in case you ever need a reminder of the main points, here’s a quick summary:

If you are under the age of 18 then unfortunately you can’t use Qlowt.
We’re not responsible for anything that you post, live stream or say while you are on Qlowt and we don’t monitor the content of the site, but if we do see or someone alerts us that you have posted something that we think is inappropriate then we are allowed at our discretion to remove it.
If you post any content that actually belongs to someone else and they get annoyed (or even call in their lawyers), we are not in the firing line. You have to take responsibility for what you post.
Please refer to our Community Guidelines and Safety Tips for additional Dos and Don’ts, and information on staying safe.
If you are concerned about how your data is being used by Qlowt then please refer to our Privacy Policy, which explains how we treat your personal data and protect your privacy when you use Qlowt. By using Qlowt, you agree that we can use such data in accordance with our Privacy Policy. Our website and apps also use cookies or similar technologies which we tell you more about here. You may set your browser and your mobile settings to block cookies and local storage devices, but if you do so, you may not be able to access the features that Qlowt offers.

The full legal bit

Qlowt is a social media website and app designed as a search engine for finding food & drink specials, events along with being a forum for meeting new people, a place to have discussions and to share photos, news and information. It is intended to be a fun place to visit and it is important to us (and for you) that it remains a safe and friendly environment so you agree that you will only use Qlowt in a manner consistent with its purpose and which is in accordance with these terms and conditions, as well as the Qlowt Community Guidelines and Safety Tips (the “Terms”). When we mention Qlowt, we mean www.qlowt.com, together with affiliated websites and applications.

The Terms constitute a binding legal agreement between you as user (“you”) and the QlowtInc (“we” or “us”).

The Terms apply whenever you visit Qlowt, whether or not you have chosen to register with us, so please read them carefully. By accessing, using, registering for or receiving services offered on Qlowt you are accepting and agreeing to be bound by the Terms.

IF YOU DO NOT ACCEPT AND AGREE TO THE TERMS THEN YOU MUST NOT ACCESS OR USE THE APP OR SITE.

1. Use of the app and site and rules relating to Content

Who can use Qlowt?

Qlowt is a search engine for everyonehoweveryou may only use Qlowts social networking features if you are 18 years old or older (or the age of majority in the country in which you reside if that happens to be greater than 18).

You warrant that you have the right, authority and capacity to enter into and be bound by the Terms and that by using Qlowt you will not be violating any law or regulation of the country in which you are resident. You are solely responsible for your compliance with all applicable local laws and regulations.

You further warrant that you have not been convicted of, nor are subject to any court order relating to assault, violence, sexual misconduct or harassment.

What kind of content can I post or upload on Qlowt?

You are able to post or upload all kinds of things on Qlowt, including photographs, emails, messages, live streamed audiovisual content and other content (“Content”).
There are some rules about what is acceptable though, so when you are using Qlowt you may not post, send or upload any Content which:

contains expletives or language which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
is obscene, pornographic or otherwise may offend human dignity;
is abusive, insulting or threatening, or which promotes, depicts or encourages violence, self-harm, suicide, racism, sexism, hatred or bigotry;
encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;
is defamatory;
relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
involves the transmission of “junk” mail or “spam”;
impersonates a person, company or brand with the intent to deceive or confuse others;
contains any spyware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal data whether from Qlowt or otherwise;
itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
shows another person where such Content was created or distributed without that person’s knowledge, and without that person having been afforded an opportunity to refuse such creation or distribution; or
contains images of children, even if you are also in the photo, or endangers minors.

Please use your common sense when picking the Content that you choose to post on, upload or send via Qlowt because you are solely responsible for, and bear all liability in relation to, such Content. If you repeatedly infringe our rules, you may be prevented from using Qlowt and we may disable your account or block you from further use of Qlowt. We may remove any Content you submit to Qlowt if we believe it violates the Terms or we are required to do so by applicable law.

Are there any rules relating to personal data like my email address?

You may not display any personal contact or banking information on your individual profile page (“Profile”) whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details, or place of work). If you do choose to reveal any personal data about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.

What about other people’s personal data, can I use it?

You may only use other Qlowt users’ personal data to the extent that your use of it matches Qlowt’s purpose of allowing people to meet one another. Qlowt reserves the right to terminate your account, or prevent access to its features if you misuse other users’ information.

Some of my friends want to see all the people I’m chatting with. Can I tell them my password and let them log on as me?

The short answer is no. Only you are authorised to access your account with Qlowt. You must not share your password with anyone or let anyone else access your account as this jeopardises the security of all of the Content and personal data that you have submitted to Qlowt. You are responsible for keeping your password secret and secure. If you don’t, Qlowt is not liable for any unauthorised access to your account. If you suspect that someone has gained access to your account, you must let us know immediately by visiting https://www.qlowt.com/report

and telling us of your suspicions or concerns. You must also immediately change your password. Qlowt reserves the right to terminate your account if you violate our rules on keeping your password secure.

Who can see the Content that I put on Qlowt?

When you upload Content to Qlowt it can be accessed and viewed by the general public. If you do not want such Content to be viewed by others, then you can opt to use the private folders and select the person to whom you wish to give access. If you still do not want such Content to be viewed by others, then you should not upload it to Qlowt. We reserve the right (without obligation) at our sole discretion and without giving you notice, to remove or edit, limit or block access to any Content that you upload or submit to Qlowt without any incurring liability to you. We have no obligation to display any Content that you submit to Qlowt, nor to check the accuracy or truthfulness of any Content submitted to Qlowt, nor to monitor your use or the use of other users of Qlowt.

Anything else I need to know?

When you use Qlowt you agree to the Terms, and in return we grant you a limited, personal, non-exclusive and non-transferable licence to use and to upload Content and to use Qlowt solely for your personal use. Apart from this licence, you have no other rights in the use of the site, app, or its Content or features, and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the site or Content in any manner. If you breach any of the Terms, the above licence will terminate automatically and you must immediately destroy any downloaded or printed Content.

2. Ownership of Content

Once I have uploaded Content on Qlowt, do I still own it?

Yes (provided you are the rightful owner in the first place — please see our other rules regarding posting Content that doesn’t belong to you).

Please note though that by posting, uploading or sending Content on Qlowt you represent and warrant to us that:

you are either the exclusive author or owner of that Content and in all cases you agree that you waive any and all moral rights relating to that Content (including, without limitation, any rights to be identified as the author);
you have been granted a licence that allows you to use, post or upload the Content; or
you have obtained appropriate consent or authority to use, post or upload such Content.

Please note that by posting, uploading or sending Content on Qlowt you represent and warrant to us that you have the right to do so, and automatically grant to us a non-exclusive, royalty free, perpetual, worldwide licence to use such Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future).

We may assign and/or sub-license the above licence to our affiliates and successors without any further approval by you.

We have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to our app or site constitutes a violation of their intellectual property rights or of their right to privacy or any other law.

Who does the rest of the Content on Qlowt belong to then?

Us! All text, graphics, user interfaces, trademarks, logos, sounds and artwork on Qlowt are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights.

Can I use any of the Content that doesn’t belong to me?

Other than in relation to Content submitted by you to Qlowt, you do not have any rights in relation to the Content on Qlowt and you agree that you will not use any Content in any manner which may infringe ours or any third party’s rights. This means that you agree that you will not copy, modify, adapt, distribute, publish or sell all or any part of the Qlowt site or the Content contained on it (other than the Content submitted by you) to anyone else.

3. Paid for services

What can I buy on Qlowt?

It is FREE to use Qlowt and there are currently no paid subscriptions or services.

4. Access to the app and site

Do you guarantee that Qlowt will be up and running at all times?

Unfortunately we can’t guarantee that because sometimes we have to carry out maintenance to the app or site or they may be affected by a fault or circumstances which are outside our control, so Qlowt is provided on an “as is” “as available” basis. No warranty is given about the quality, accuracy, functionality, availability or performance of Qlowt and we reserve the right to suspend, withdraw, amend, modify or vary the service provided on Qlowt without notice and without incurring any liability to you.

What about mobile access?

You are responsible for making all the necessary arrangements to ensure you can access Qlowt (including, but not limited to Internet provider and mobile internet provider fees and, any other charges associated with such access). We shall not be held responsible for any reduced functionality you may encounter as result of or in connection with accessing Qlowt through mobile services or any similar service currently known or developed in the future.
By accessing Qlowt or agreeing to receive messages or notifications from Qlowt through your mobile phone and/or any other connected media device, you accept that you may incur charges from your internet or mobile service provider. We shall not under any circumstances be liable for such charges.

I’m not registered and I can’t seem to access some Content or features on the app or site. Why is that?

Non-registered users are able to access only that portion of Qlowt that is publicly available. They will not have a Profile but may have limited ability to upload any Content. The extent of registered users’ access to Qlowt will depend on certain criteria relating to their Profile being met. We may change or update the criteria from time to time without prior notice and at our discretion.

5. Lookalikes

What about other people’s rights when I upload a photo?

We respect other people’s rights, and you should too. Equally, you should not infringe someone else’s intellectual property rights.

7. Termination of use by us

My Profile has disappeared and I can’t log in. What’s going on?

Sometimes people forget about the Terms and post Content or act in a way while on Qlowt which is not consistent with the purpose of the app or site. If we think that you may be one of those people, then we reserve the right at our sole discretion, at any time and without liability or the need to give you prior notice or to refund any unused services to:

suspend or revoke your registration (where applicable) and your right to access and/or use Qlowt or submit any Content to Qlowt; and
make use of any operational, technological, legal, or other means available to enforce the Terms (including without limitation blocking specific IP addresses).

We will try (but we are not obliged) to notify you if your access to Qlowt and/or your Profile is to be or has been suspended or terminated. Where you have acted contrary to our Terms, we will keep a record of it and may block future attempts by you to use or access Qlowt and its features so that we can keep Qlowt a fun place.

8. Termination of use by you

They say that you can have too much of a good thing… what do I do if I want to “unregister” myself from Qlowt?

If you have registered on Qlowt, you can terminate your registration at any time by going to the ‘Settings’ control on Qlowt when you are logged in and choosing the ‘delete profile’ link. We save your profile information in case you later decide to restore your account. Many users deactivate their accounts for temporary reasons and in doing so expect us to maintain their information until they return to Qlowt. You will therefore be able to restore your account and your profile in its entirety within 30 days of de-activating it. Once your registration is terminated, we have the right to delete any related Content that you have submitted or uploaded on to Qlowt. For further details, please refer to our privacy policy at www.qlowt.com/privacy

Content that you have uploaded to Qlowt, other than your Profile (such as comments or email messages), may still appear on Qlowt following termination of your registration.

9. Abuse/Complaints

Someone is not obeying the Terms, who do I tell?

You can report any abuse or complain about Content on Qlowt by contacting us via support@qlowt.com, outlining the abuse and or complaint. You can also report a user directly from a profile, by clicking the ‘Report Abuse’ link on their profile, choosing the reason for the complaint and providing us with any additional information you think fit.
We will always try our best to help resolve any issue that you may encounter with our service.

10. Privacy Policy

Do you have guidelines in place about what you can do with my personal data?

We process information in accordance with our www.qlowt.com/privacy which is incorporated into these Terms and Conditions of Use. Please read the terms of our www.qlowt.com/privacy prior to using Qlowt. By using Qlowt, you agree to such processing and you warrant that all data provided by you is true, correct and accurate.

11. Links

Are the links on the app or site anything to do with Qlowt?

Qlowt may contain links to other sites and/or resrouces. These links are provided to you for your information only. If you access these links you may be directed to third party sites. These third party sites will have their own terms of use and privacy policies, which may differ from the Terms. The display of links to third party sites does not constitute an endorsement by us of any of the third party content information, sites, or resources provided.

Please note that we have no control over the contents of any third party sites or resources, and we accept no responsibility for them, including (but not limited to) the third party site’s compliance with any applicable laws or regulations.

12. Disclaimer of warranties and limitation of liability

I forgot the rules about conduct on here and now someone is threatening to sue me. Will your lawyers sort it out?

No. If you act in a way that upsets other users then you have to be responsible for the consequences. We expressly disclaim any and all responsibility and liability for your conduct or the conduct of any other user of Qlowt, and expressly disclaim any liability for Content uploaded by you or by any other user.

My friend is a lawyer and says that you can’t exclude liability for everything…

Nothing in the Terms limits or excludes our liability for:

death or personal injury caused by their proven negligence;
fraud or fraudulent misrepresentation;or
any liability which cannot be limited or excluded by law.

To the fullest extent permitted by law, Qlowt expressly excludes:

all conditions, representations, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
any liability incurred by you arising from use of Qlowt, its services or these Terms, including without limitation for any claims, charges, demands, damages, liabilities, losses or expenses of whatever nature and howsoever direct, indirect, incidental, special, exemplary, punitive or consequential damages (however arising including negligence), loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, wasted management or office time, breach of contract or claims of third parties or other losses of any kind or character, even if Qlowt has been advised of the possibility of such damages or losses, arising out of or in connection with the use ofQlowt. This limitation on liability applies to, but is not limited to, the transmission of any disabling device or virus that may infect your equipment, failure or mechanical or electrical equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, bodily injury, property damage, operator errors, strikes or other labor problems or any act of god. in connection with Qlowt including, without limitation, any liability for loss of revenue or income, loss of profits or contracts, loss of business, loss of anticipated savings, loss of goodwill, loss of data, wasted management or office time and any other loss or damage of any kind, however arising and whether caused by tort (including, but not limited to, negligence), breach of contract or otherwise, even if foreseeable whether arising directly or indirectly.

What about the reliability of Qlowt and the information contained on it?

Qlowt has taken reasonable steps to ensure the currency, availability, correctness and completeness of the information contained on Qlowt and provides that information on an “as is”, “as available” basis. Qlowt does not give or make any warranty or representation of any kind about the information contained on Qlowt, whether express or implied. Use of Qlowt and the materials available on it is at your sole risk. Qlowt cannot be held responsible for any loss arising from the transmission, use of data, or inaccurate Content posted by users. You are responsible for taking all necessary precautions to ensure that any material you may obtain from Qlowt is free of viruses or other harmful components. You accept that Qlowt will not be provided uninterrupted or error free, that defects may not be corrected or that Qlowt, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horses or any similar malicious software. Qlowt is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction. In the unlikely event that any defect is discovered within Qlowt, we will use every effort to repair or fix the defect free of charge, without significant inconvenience to you, as soon as practicable.

13. Indemnity

I forgot the rules about conduct on here and now someone is threatening to sue YOU. What now?

If we are sued as a result of your use of Qlowt then we have the right to defend or settle the relevant claim as we see fit. If we ask, you will co-operate fully and reasonably as required by us in the defence of any relevant claim.

You agree to hold harmless and indemnify us and our officers, directors, employees, agents, representatives and licensors from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable solicitors’ fees) suffered or reasonably incurred by us arising as a result of, or in connection with, your access to and use of Qlowt, the uploading or submission of Content to Qlowt by you or your conduct, other than in accordance with the Terms or any applicable law or regulation (“Claim”). Qlowt retains the exclusive right to settle, compromise and pay any and all Claims or causes of action which are brought against us without your prior consent.

14. Miscellaneous

What about all of those standard clauses that you see at the end of most contracts? They’re the best bit!

As you asked so nicely…

The Terms and any dispute or claim arising out of or in connection with it or its subject matter (including non-contractual disputes or claims) shall be are governed by and construed in accordance with English law. In the event there is a discrepancy between this English language version and any translated copies of the Website Terms and Conditions, the English version shall prevail.

We reserve the right to modify, amend or change the Terms at any time (a “Change”). If we do this then the Changes will be posted on this page and we will indicate the effective date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to you notifying you of any Change. You should regularly check this page to take notice of any Changes.

If you do not accept any Change to the Terms, you should stop using Qlowt immediately. Your continued use of Qlowt following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms.

If, for any reason, any of the Terms are declared to be illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

The Terms set out the entire agreement and understanding between us and you in relation to your use of Qlowt and supersedes all previous agreements, representations and arrangements between us (either oral or written). Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.
No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.

Nothing in the Terms shall confer or purport to confer on any other third party.

About us

www.qlowt.com is an app and site owned and operated by Qlowt Inc.
We are registered in Canada.