Quickertrade Terms & Conditions of Sale

Version: 1.1.1

Released: 13th September 2024

Welcome to the www.quickergroup.com website and/or the Quickergroup mobile app. Please review these terms and conditions thoroughly. The following Terms of Use govern your access to and use of the Platform (as defined below) and the Services.

By accessing the Platform and/or using the Services, you agree to adhere to these Terms of Use. If you disagree with these Terms of Use, do not access or use the Platform or the Services.

Access to and use of password-protected and/or secure areas of the Platform and/or the use of the Services are restricted to Customers with accounts only. Unauthorized access to such parts of the Platform and/or Services, or to any other protected information, through any means not intentionally provided by us for your specific use is prohibited. Breach of this provision may be considered an offence under the Computer Crime Act B.E. 2550 (2007) of Thailand.

If you are under 20 years old, you must obtain consent from your parent(s) or legal guardian(s), who must accept these Terms of Use and agree to take responsibility for: (i) your actions; (ii) any charges associated with your use of the Services or purchase of Products; and (iii) your acceptance and compliance with these Terms of Use. Without such consent, you must cease using/accessing the Platform and the Services.

Terms & Conditions of Sale

1. Definitions & Interpretation

Unless otherwise defined, the definitions and provisions regarding interpretation set out in Schedule 1 apply to these Terms & Conditions of Sale.

2. Purchase of Products

2.1 Your Compliance: You agree to follow all guidelines, notices, operating rules, policies, and instructions related to purchasing Products through the Platform, including any amendments issued by Quickergroup (whether related to the Platform or the purchase of Products, on behalf of Seller). Quickergroup reserves the right to modify these guidelines, notices, operating rules, and policies at any time, and you are considered aware of and bound by any changes upon their publication on the Platform.

2.2 Product Description: While the Seller strives to provide accurate descriptions of Products, neither Quickergroup nor the Seller guarantees that such descriptions are accurate, current, or error-free. If the Product you receive differs fundamentally from the Product described on the Platform and that you ordered, Clause 6 of these Terms & Conditions of Sale will apply.

2.3 Sellers: Products are sold by “Sellers.” Quickergroup may act as a “Seller” for certain Products. “Seller” may also refer to a party other than Quickergroup (referred to in these Terms & Conditions of Sale as a “Third Party Vendor”). Whether a Product is listed for sale by Quickergroup or a Third Party Vendor will be indicated on the webpage listing the Product. Products sold by Sellers will be governed by individual Customer Contracts (see Clause 2.6 below):

2.3.1 For Products sold by Third Party Vendors, the agreements are directly between you and the Third Party Vendor; and

2.3.2 For Products sold by Quickergroup, the agreements are directly between you and Quickergroup.

2.4 Placing Your Order: Orders are placed by completing the Order form on the Platform and clicking on the “Place my Order” button. The Seller will not accept Orders placed through other methods. You are responsible for ensuring the accuracy of your Order.

2.5 Orders Are Irrevocable and Unconditional: Once transmitted through the Platform, all Orders are considered irrevocable and unconditional. The Seller may process these Orders without additional consent or notice to you. However, under certain circumstances outlined in Clause 8, you may request to cancel or amend the Order, which the Seller will try to accommodate on a commercially reasonable basis. The Seller is not obligated to honor any request to cancel or amend an Order.

2.6 Seller’s Reservation of Rights Regarding Orders: All Orders are subject to the Seller’s acceptance at its sole discretion. Each accepted Order (a “Customer Contract”) constitutes a separate contract. Unless you receive a notice from the Seller accepting your Order, no legally binding agreement or promises are in place between you and the Seller for the sale or other dealings with the Product(s), and the Seller is not liable for any losses incurred as a result. The Seller reserves the right to decline processing or accepting any Order at its discretion.

2.7 Termination by Seller in the Event of Pricing Error: The Seller reserves the right to terminate the Customer Contract if a Product is mispriced on the Platform. In such cases, Quickergroup, on behalf of the Seller, will notify you of the cancellation with three days’ notice. This right applies regardless of whether Products have been dispatched, are in transit, or if payment has been charged.

2.8 Product Warranty: The Product Warranty for a Product sold under a Customer Contract is specified by the Seller on the Platform, under the “Specifications” tab in the fields “Warranty Type” and “Warranty Period” for the relevant Product. These warranties are limited to the terms and conditions stated. Except as expressly provided in the Product Warranty, all other expressed or implied terms, warranties, or conditions are excluded, unless prohibited by mandatory law.

2.9 Customer’s Acknowledgement: You acknowledge that you have not relied on any terms, conditions, warranties, undertakings, inducements, or representations not explicitly stated in the Customer Contract or in any descriptions, illustrations, or specifications provided by Quickergroup or the Seller. The exclusions of warranties, liability, and remedies in these Terms & Conditions of Sale and Customer Contracts allocate risks and permit the Seller to offer Products at lower prices. You agree that such exclusions are reasonable.

2.10 No Representations or Warranties:

2.10.1 No condition or warranty is implied regarding the Products’ life, wear, or suitability for any specific purpose or use, even if such purpose or conditions are known to the Seller;

2.10.2 The Seller commits only to delivering Products in line with their general description, with any special or particular description considered merely as the Seller’s opinion. Neither Quickergroup nor the Seller warrants the quality, state, condition, or fitness of the Products;

2.10.3 Quickergroup is not liable for measures or actions taken by the Customer or third parties, including improper remedies for defects, unauthorized alterations, or additions of non-Quickergroup parts;

2.10.4 The Seller is not liable for defects resulting from unsuitable or improper use, faulty installation, normal wear and tear, negligence, abnormal working conditions, or failure to follow Quickergroup’s instructions;

2.10.5 The Seller is not liable for losses suffered by third parties due to unauthorized repairs or remedial work, and the Customer must indemnify the Seller against such claims;

2.10.6 The Seller is not liable under any warranty if the total price for the Products has not been paid in full by the due date; and

2.10.7 The Seller is not liable for defects arising after the expiry of the applicable Product Warranty.

2.11 Intellectual Property

2.11.1 Unless prior written consent from Quickergroup has been obtained, the Customer must not remove or alter any trademarks, logos, copyright notices, serial numbers, labels, tags, or other identifying marks or symbols affixed to any Products.

2.11.2 If the Seller provides software applications, drivers, other computer programs, design details, technical handbooks or manuals, drawings, or other data (collectively referred to as “Product Materials”) in connection with the Order, the use and retention of these Product Materials are governed by the terms and conditions of any applicable licenses or usage restrictions set by the Seller or its licensors. The Product Materials must be used only in strict compliance with these terms and conditions.

2.11.3 The Customer acknowledges that the Product Materials remain the property of the Seller or its licensors. Any intellectual property embedded in or related to the Product Materials remains the sole and exclusive property of the Seller or its licensors. Unless explicitly stated otherwise in the Order or unless prior written consent from Quickergroup has been obtained, the Customer agrees to return the Product Materials and any copies thereof upon request from Quickergroup.

3. Delivery of Products

3.1 Address: Delivery of the Products will be made to the address specified in your Order, either by the Seller or by Quickergroup (or its agents) on behalf of the Seller.

3.2 Delivery & Packing Charges: Delivery and packing charges will be specified in the Order.

3.3 Tracking: You can track the status of your delivery on the “Order Tracking” page of the Platform.

3.4 Delivery Timeframe: You acknowledge that Product delivery is subject to Product availability. While the Seller will make reasonable efforts to deliver the Product within the timeframe stated on the relevant Product listing page, availability updates on the Platform may not always reflect real-time stock changes. All delivery timeframes are estimates, and delays may occur. If there is a delay, the Seller will notify you via email, and the Product will be dispatched as soon as it becomes available. Delivery time is not of the essence, and neither the Seller nor its agents will be liable for any delays in delivery.

3.5 Deemed Receipt: If you do not receive the Product by the projected delivery date and you inform Quickergroup within 3 days of this date, the Seller will make efforts to locate and deliver the Product. If Quickergroup does not receive your notification within 3 days, you will be deemed to have received the Product.

3.6 Voucher from Quickergroup: In case of delivery delays, Quickergroup may, at its discretion, offer a Voucher to the Customer. Acceptance of the Voucher by the Customer will preclude any further claims against the Seller.

3.7 Customer’s Failure to Take Delivery: If the Customer fails to take delivery of the Products (except due to reasons beyond the Customer’s control or Seller’s fault), the Seller may, without prejudice to any other rights or remedies available, terminate the Customer Contract.

4. Prices of Products

4.1 Listing Price: The price payable for the Products by the Customer will be the Listing Price in effect at the time the Order is placed and transmitted to the Seller through the Platform.

4.2 Taxes: All Listing Prices are subject to applicable taxes unless stated otherwise. The Seller reserves the right to change Listing Prices at any time without prior notice or reason.

5. Payment

5.1 General: Payment for the Product can be made using any of the payment methods specified by Quickergroup from time to time. Payment will be processed only after the Seller accepts your Order and a Customer Contract is formed. All payments should be made to Quickergroup, either directly or as the Seller’s agent (if the Seller is a Third Party Vendor). You acknowledge that Quickergroup is authorized to collect payments from you on behalf of Third Party Vendors.

5.2 Additional Terms: Payment methods may be subject to additional terms as specified by Quickergroup from time to time.

5.3 Payment Methods: You agree to be bound by the applicable user agreement of your chosen payment method. You cannot hold the Seller or any of its agents (including Quickergroup) liable for any issues, disruptions, or errors related to your payment method. Quickergroup reserves the right to modify or discontinue any payment method, temporarily or permanently, without prior notice or explanation.

5.4 Invoicing: The Seller may issue an invoice on the due date of any payment under a Customer Contract.

5.5 Failure to Pay: If the Customer fails to make payment according to the terms of the chosen payment method or if payment is canceled for any reason, the Seller may, without prejudice to any other rights or remedies, cancel the Customer Contract or suspend the delivery of Products until full payment is received.

5.6 Refund of Payment:

(a) Refunds will be processed to the person who made the original payment via an approved payment method, through Quickergroup Wallet. The refund amount can be withdrawn from the Quickergroup Wallet account balance, following the provided instructions.

(b) We do not guarantee the timeliness of refunds reaching your account. The processing time for refunds depends on the company’s internal processing timeline.

(d) We reserve the right to change the process for handling refunds at any time without notice.

6. Returns

6.1 Return Policy: All returns must follow the instructions outlined in the Return Policy available at https://www.quickergroup.com/helpcenter/returns-refunds/. The Seller is not obligated to accept any returns unless these instructions are followed to Quickergroup’s satisfaction.

6.2 Permitted Returns: Subject to Clause 6.1, within 7 or 14 days from the delivery date of the Product (depending on the information displayed with the Product), you may return a Product if you:

6.2.1 Receive a Product that is fundamentally different from what was specified in the Customer Contract; or

6.2.2 Receive a faulty or damaged Product.

6.3 Non-Conforming Products: Once Quickergroup has issued a refund, the non-conforming Products or their parts become the property of the Seller. Upon request, such Products or parts must be returned to the Seller at the Customer’s expense.

6.4 Risk of Damage or Loss: Risk of damage or loss of the Products passes to the Customer at the time of delivery. If the Customer fails to take delivery wrongfully, risk passes at the time when the Seller (via Quickergroup or its agents) has offered delivery of the Products.

7. Questions and Complaints

For any questions or complaints, please contact Quickergroup via the “Contact Us” page on the Platform. Quickergroup will handle your inquiries and liaise with the Sellers as needed.

8. Termination

8.1 Cancellation by You: You may cancel the Customer Contract before the Seller dispatches the Products by providing written notice to Quickergroup at www.quickergroup.com/contact. If the Products have already been dispatched, you cannot cancel the Customer Contract but may return the Products in accordance with Clause 6.

8.2 Cancellation by Seller: Without prejudice to any other termination rights provided elsewhere in these Terms & Conditions of Sale, the Seller, or Quickergroup acting on the Seller’s behalf, may stop any Products in transit, suspend further deliveries to the Customer, and/or terminate the Customer Contract with immediate effect by written notice to the Customer upon or any time after the occurrence of any of the following events:

8.2.1 The Products under the Customer Contract becoming unavailable for any reason;

8.2.2 The Customer breaching any obligation under the Customer Contract;

8.2.3 The Customer passing a resolution for its winding up or a court of competent jurisdiction making an order for the Customer’s winding up or dissolution;

8.2.4 The making of an administration order in relation to the Customer, or the appointment of a receiver over or an encumbrancer taking possession of or selling any of the Customer’s assets; or

8.2.5 The Customer making an arrangement or composition with its creditors generally or applying to a court of competent jurisdiction for protection from its creditors.

9. Risk and Property of the Goods

9.1 Risk: Risk of damage to or loss of the Goods passes to the Customer at the time of delivery or if the Customer wrongfully fails to take delivery of the Goods, at the time when Quickergroup or the Seller has tendered delivery of the Goods.

9.2 Property: Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions, the property in the Goods does not pass to the Customer until Quickergroup has received in cash or cleared funds payment in full for the Goods and all other goods agreed to be sold by the Seller to the Customer for which payment is then due.

9.3 Custodianship: Until the property in the Goods passes to the Customer, the Customer shall hold the Goods as the Seller’s fiduciary agent and bailee and shall keep the Goods separate from those of the Customer.

9.4 Notification: During the time the property of the Goods remains with the Seller, the Customer agrees to immediately notify Quickergroup of any matter affecting the Seller’s title to the Goods and to provide Quickergroup with any information related to the Goods as Quickergroup may reasonably require.

9.5 Return of Goods: Until the property in the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold), Quickergroup may demand that the Customer return the Goods. In the event of non-compliance, Quickergroup reserves the right to take legal action against the Customer for the return of the Goods and to seek damages and all other costs, including legal fees.

9.6 Pledging Goods: The Customer shall not pledge or charge the Goods, which remain the property of the Seller, as security for any indebtedness. If the Customer does so, all moneys owed to the Seller become immediately due and payable.

9.7 Legal Effectiveness: If the provisions of this Condition 9 are not effective according to the law of the country where the Goods are located, the closest legal concept to retention of title in that country shall apply mutatis mutandis to achieve the intent expressed in this condition. The Customer shall take all necessary steps to enforce the same.

9.8 Indemnity: The Customer shall indemnify the Seller against all losses, damages, costs, expenses, and legal fees incurred by the Seller in connection with asserting and enforcing the Seller’s rights under this condition.

10. Limitation of Liability

10.1 Sole Remedies of Customer: The remedies set out in Clause 6 are the Customer’s sole and exclusive remedies for non-conformity of or defects in the Products.

10.2 Maximum Liability: Notwithstanding any other provision of these Terms & Conditions of Sale, the Seller’s maximum cumulative liability to you or any other party for all losses under, arising out of, or relating to the sale of Products under each Customer Contract will not exceed the sums that you have paid to the Seller under such Customer Contract.

10.3 Exclusion of Liability: Quickergroup Indemnitees shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with: (i) amounts due from other users of the Platform in connection with the purchase of any Product; (ii) the sale of the Products to you, or their use or resale by you; and (iii) any defect arising from fair wear and tear, wilful damage, misuse, negligence, accident, abnormal storage and/or working conditions, alteration or modification of the Products, or failure to comply with Seller’s instructions on the use of the Products (whether oral or written).

11. General

11.1 References to “Quickergroup”: References to “Quickergroup” in these Terms and Conditions of Sale apply both to Quickergroup’s actions on its own behalf as Seller and/or as the operator of the Platform or as the agent of Third Party Vendors as Sellers in respect of each and every Customer Contract.

11.2 Right to Subcontract: Third Party Vendors shall be entitled to delegate and/or subcontract any rights or obligations under these Terms & Conditions of Sale to Quickergroup or any of Quickergroup’s designated service providers, subcontractors, and/or agents.

11.3 Cumulative Rights and Remedies: Unless otherwise provided under these Terms & Conditions of Sale, the provisions of these Terms & Conditions of Sale and Seller’s rights and remedies under these Terms & Conditions of Sale are cumulative and are without prejudice and in addition to any rights or remedies Seller may have in law or in equity. No exercise by Seller of any one right or remedy under these Terms & Conditions of Sale, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms & Conditions of Sale or at law or in equity) operate to hinder or prevent Seller’s exercise of any other such right or remedy.

11.4 No Waiver: Seller’s failure to enforce these Terms & Conditions of Sale shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms & Conditions of Sale. Seller remains entitled to use its rights and remedies in any other situation where you breach these Terms & Conditions of Sale.

11.5 Severability: If at any time any provision of these Terms & Conditions of Sale is or becomes illegal, invalid, or unenforceable in any respect, the legality, validity, and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby and shall continue in force as if such illegal, invalid, or unenforceable provision were severed from these Terms & Conditions of Sale.

11.6 Rights of Third Parties: A person or entity who is not a party to these Terms & Conditions of Sale shall have no right under any legislation in any jurisdiction to enforce any term of these Terms & Conditions of Sale, regardless of whether such person or entity has been identified by name, as a member of a class, or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms & Conditions of Sale.

11.7 Governing Law: These Terms & Conditions of Sale shall be governed by and construed in accordance with the laws of Vietnam or United Kingdom, and you hereby submit to the exclusive jurisdiction of the Courts of United kingdom.

11.8 Arbitration: Except as provided for in Clause 11.7, any dispute, controversy, or claim arising out of or relating to this contract, or the breach, termination, or invalidity thereof, may be settled by arbitration in accordance with the Rules for Arbitration of the Commercial Court and Arbitration (United Kingdom). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the Commercial Court and Arbitration. The place of arbitration shall be London. Any award by the arbitration tribunal shall be final and binding upon the parties.

11.9 Injunctive Relief: Seller may seek immediate injunctive relief if Seller makes a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.

11.10 Amendments: Seller may, by notice issued jointly with Quickergroup through the Platform or by such other method of notification as Seller may designate solely through Quickergroup (which may include notification by way of email), vary the terms and conditions of these Terms & Conditions of Sale, with such variation to take effect on the date Seller specifies through the above means. If you use the Platform or the Services after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop accessing or using the Platform and the Services and terminate these Terms & Conditions of Sale. Seller’s right to vary these Terms & Conditions of Sale in the manner aforesaid will be exercised with the joint involvement of Quickergroup (either via the Portal or such other means as Quickergroup prescribes) and, subject to the foregoing, may be exercised without the consent of any person or entity who is not a party to these Terms & Conditions of Sale. The version of Terms & Conditions of Sale applicable to any particular Order is the latest version in force.

11.11 Correction of Errors: Any typographical, clerical, or other error or omission in any acceptance, invoice, or other document on Seller’s part shall be subject to correction without any liability on Seller’s part.

11.12 Currency: Money references under these Terms & Conditions of Sale shall be in Vietnamese Dong.

11.13 Language: In the event that these Terms & Conditions of Sale are executed or translated into any language other than English (“Foreign Language Version”), the English language version of these Terms & Conditions of Sale shall govern and take precedence over the Foreign Language Version.

11.14 Entire Agreement: These Terms & Conditions of Sale shall constitute the entire agreement between you and Seller relating to the subject matter hereof and supersede and replace in full all prior understandings, communications, and agreements with respect to the subject matter hereof.

11.15 Binding and Conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by Seller or its service providers relating to or in connection with the Platform and Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between Seller and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy, or authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.

11.16 Subcontracting and Delegation: Quickergroup reserves the right to delegate or subcontract the performance of any of its functions in connection with its obligations under these Terms & Conditions of Sale and reserves the right to use any service providers, subcontractors, and/or agents on such terms as Quickergroup deems appropriate.

11.17 Assignment: You may not assign your rights under these Terms & Conditions of Sale without Seller’s prior written consent. Seller may assign its rights under these Terms & Conditions of Sale to any third party.

11.18 Force Majeure: Neither Quickergroup nor Seller shall be liable for non-performance, error, interruption, or delay in the performance of its obligations under these Terms & Conditions of Sale (or any part thereof) or for any inaccuracy, unreliability, or unsuitability of the Platform’s and/or Services’ contents if this is due, in whole or in part, directly or indirectly, to an event or failure which is beyond Quickergroup’s or Seller’s reasonable control.

Schedule 1

Definitions and Interpretation

1. Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms of Use:

1.1 “Business Day” means a day (excluding Saturdays, Sundays, and public holidays) on which banks generally are open for business in the United Kingdom.

1.2 “Customer” means an authorized user of the Platform and/or the Services.

1.3 “Customer Contract” shall be as defined in Clause 2.6.

1.4 “Intellectual Property” means all copyright, patents, utility innovations, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current, or future infringement, misappropriation or violation of any of the foregoing rights.

1.5 “Quickergroup Indemnitees” means Quickergroup and all of its respective officers, employees, directors, agents, contractors, and assigns.

1.6 “Quickergroup” refers to Quickergroup Limited, a company incorporated pursuant to the laws of Vietnam under registration number [Insert Registration Number] and having its registered address at [Insert Vietnam Head Office Address].

1.7 “Listing Price” means the price of Products listed for sale to Customers, as stated on the Platform.

1.8 “Losses” means all losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands, and other liabilities, whether foreseeable or not.

1.9 “Order” means your order for Products sent through the Platform in accordance with the Terms & Conditions of Sale.

1.10 “Password” refers to the valid password that a Customer who has an account with Quickergroup may use in conjunction with the Username to access the relevant Platform and/or Services.

1.11 “Personal Data” means data, whether true or not, that can be used to identify, contact or locate you. Personal Data can include your name, email address, billing address, shipping address, phone number, and credit card information.

1.12 “Platform” means (a) both the web and mobile versions of the website operated and/or owned by Quickergroup which is presently located at the following URL: www.quickergroup.com; and (b) the mobile applications made available from time to time by Quickergroup, including the iOS and Android versions.

1.13 “Product” means a product (including any installment of the product or any parts thereof) available for sale to Customers on the Platform.

1.14 “Product Warranty” means a warranty provided for the product (including any installment of the product or any parts thereof) available for sale to Customers on the Platform.

1.15 “Return Policy” means the return policy set out at [Insert Correct URL].

1.16 “Third Party Vendor” means a seller which, with Quickergroup’s permission, uses the Platform and/or Services to sell Products to Customers, and excludes Quickergroup.

1.17 “Seller” means a seller of Products as described in Clause 2.3, and includes a Third Party Vendor.

1.18 “Services” means services, information, and functions made available by Seller on the Platform.

1.19 “Terms & Conditions of Sale” means Clauses 1 to 11 and any Schedules to these terms and conditions.

1.20 “Terms of Use” means the terms and conditions governing the Customer’s use of the Platform and/or Services and are set out at www.quickergroup.com/terms-conditions/.

1.21 “Trademarks” means the trademarks, service marks, trade names, and logos used and displayed on the Platform.

1.22 “Username” refers to the unique login identification name or code which identifies a Customer who has an account with Quickergroup.

1.23 “Voucher” means a voucher for credit which may be used by a Customer, subject to other terms and conditions, towards the payment of purchases on the Platform.

1.24 “Voucher Terms & Conditions” are set out at www.quickergroup.com/terms-conditions/#voucher.

1.25 “you” and “your” refer to the individuals over the age of 18 or otherwise under the supervision of a parent or legal guardian.

2. Interpretation: Any reference in these Terms & Conditions of Sale to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted, or extended at the relevant time. In these Terms & Conditions of Sale, whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”. Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words “month” or “monthly” as well as all references to a number of months mean calendar months. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms & Conditions of Sale. In the event of a conflict or inconsistency between any two or more provisions under these Terms & Conditions of Sale, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favor of Quickergroup and the provision which is more favorable to Quickergroup shall prevail.

13. Notices

13.1 Notices from us

13.1.1 You agree that all notices or other communications from us are deemed to have been given to you if:

(i) communicated through any print or electronic media as we may select from time to time, will be deemed to be notified to you on the date of publication or broadcast; or

(ii) sent by post or left at your last known address, received by you on the day following such posting or on the day when it was so left.

13.2 Notices from you

You may only give notice to us in writing sent to our designated address or e-mail address (as may be amended from time to time), and we shall be deemed to have received such notice only upon receipt. While we endeavor to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.

13.3 Other modes of notifications

13.3.1 Notwithstanding Clauses 13.1 and 13.2, we may from time to time designate other acceptable modes of giving notice (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.

14. General Terms

14.1 Cumulative rights and remedies

Unless otherwise provided under these Terms and Conditions, the provisions of these Terms and Conditions and our rights and remedies under these Terms and Conditions are cumulative and are without prejudice and in addition to any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy under these Terms and Conditions, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms and Conditions or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy at law or in equity.

14.2 No waiver

Our failure to enforce these Terms and Conditions shall not constitute a waiver of these terms, and such failure shall not affect our right to later enforce these Terms and Conditions.

14.3 Severability

If at any time any provision of these Terms and Conditions becomes illegal, invalid or unenforceable in any respect, the legality, validity, and enforceability of the remaining provisions of these Terms and Conditions shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms and Conditions.

14.4 Rights of third parties

A person or entity who is not a party to these Terms and Conditions shall have no right to enforce any term of these Terms and Conditions, regardless of whether such person or entity has been identified by name, as a member of a class, or as answering a particular description. For the avoidance of doubt, nothing in this clause shall affect the rights of any permitted assignee or transferee of these Terms and Conditions.

14.5 Governing law

Use of the Quickergroup Payment Account, and these Terms and Conditions shall be governed by and construed in accordance with UK law and you hereby submit to the exclusive jurisdiction of the UK courts.

14.6 Disputes

14.6.1 If any dispute or claim arises from or in connection with these Terms and Conditions or your use of your Quickergroup Payment Account (“Dispute”), the relevant parties shall first attempt to resolve the Dispute through amicable negotiations. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action

14.6.2 In any event and to the fullest extent permitted by applicable law, you may not make any claim against the Indemnitees under these Terms and Conditions after one year from the date of occurrence of the matter giving rise to the claim.

14.7 Injunctive relief

We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is an appropriate or adequate remedy.

14.8 Correction of errors

Any typographical, clerical, or other error or omission in any acceptance, invoice, or other document on our part shall be subject to correction without any liability on our part.

14.9 Language

In the event that these Terms and Conditions are executed or translated in any language other than English (“Foreign Language Version”), to the extent allowed under law, the English language version of these Terms and Conditions shall govern and shall take precedence over the Foreign Language Version.

14.10 Entire agreement

These Terms and Conditions shall constitute the entire agreement between you and us relating to the subject matter hereof and supersede and replace in full all prior understandings, communications, and agreements with respect to the subject matter hereof.

14.11 Binding and conclusive

You acknowledge and agree that any records (including records of any telephone conversations relating to the Quickergroup Payment Account, if any) maintained by us and/or our service providers relating to or in connection with the Quickergroup Payment Account shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy, or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.

14.12 Sub-contracting and delegation

We reserve the right to delegate or sub-contract the performance of any of our functions or obligations in connection with the Quickergroup Payment Account to any service provider, subcontractor, affiliates, and/or agent on such terms as we may deem appropriate.

14.13 Assignment

You may not assign your rights or transfer your obligations under these Terms and Conditions without our prior written consent. We may assign our rights or transfer our obligations under these Terms and Conditions to any third party at our sole discretion.

14.14 Force Majeure

We shall not be liable for non-performance, error, interruption, or delay in the performance of our obligations under these Terms and Conditions (or any part thereof) or for any inaccuracy, unreliability, or unsuitability of the Quickergroup Payment Account if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.