Quickertrade Terms & Conditions of Use

Version: 1.1.1

Released: 13th September 2024

1. Definitions & Interpretation
Unless otherwise stated, the definitions and provisions regarding interpretation set out in Schedule 1 will apply to these Terms of Use.

2. General use of the Services and/or access to the Platform

2.1 Guidelines for using the Platform and/or Services:
You agree to follow all guidelines, notices, operating rules, policies, and instructions related to the use of the Services and/or access to the Platform, including any future amendments made by us. We reserve the right to modify these guidelines, notices, policies, and instructions at any time. Upon publication on the Platform, you are deemed aware of and bound by these changes.

2.2 Restricted activities:
You agree and commit NOT to:

(a) Impersonate any individual or entity or falsely claim an affiliation with any person or entity.

(b) Use the Platform or Services for unlawful purposes.

(c) Attempt to gain unauthorized access to or interfere with computer systems or networks linked to the Platform or Services.

(d) Post, promote, or transmit any Prohibited Materials via the Platform or Services.

(e) Interfere with others’ enjoyment of the Platform or Services.

(f) Upload any software or material containing, or suspected of containing, viruses or harmful components that could damage the Platform’s data or impair its operation, or that of another Customer’s computer or mobile device.

(g) Use the Platform or Services in violation of acceptable use policies, applicable Internet standards, or any laws.

(h) Create or use more than one Customer account on the Platform and/or Services.

2.3 Platform and Services availability:
We may, at any time and without prior notice, upgrade, modify, suspend, or discontinue any part or whole of the Platform or Services, and we shall not be liable if such actions prevent you from accessing the Platform or Services.

2.4 Right to monitor content:
We reserve the right, at our discretion, but are not obligated to:

(a) Monitor or control any activity, content, or material on the Platform or through the Services. We may investigate violations of these terms and take appropriate actions.

(b) Restrict or prevent access to the Platform and/or Services for any Customer.

(d) Request information or data from you regarding your use of the Platform or Services, and exercise our rights if you refuse to provide or if we suspect the data provided is inaccurate, misleading, or fraudulent.

(e) Deactivate, cancel, delete, ban, or restrict access to the Platform and/or Services for any Customer or account, temporarily or permanently, without prior notice.

2.5 Privacy Policy:
Your use of the Services and/or access to the Platform is also governed by our Privacy Policy, which can be found at https://www.quickergroup.com/privacy-policy.

2.6 Terms & Conditions of Sale and Voucher Terms:
Purchases of any product are governed by the Terms & Conditions of Sale, which are available at https://www.quickergroup.com/terms-conditions/. If you use a voucher, the Voucher Terms & Conditions at https://www.quickerhub.com/quickertrade-terms-conditions-of-vouchers/ will apply.

2.7 Additional terms:
In addition to these Terms of Use, the use of specific aspects of the Materials and Services, or updated versions provided by us or our sub-contractors, may be subject to additional terms and conditions.

Use of the Services

3.1 Application of this Clause:
In addition to all other terms and conditions in these Terms of Use, the provisions of Clause 3 outline specific terms governing your use of the Services.

3.2 Restrictions:
The use of the Services is restricted to authorized Customers who are of legal age and have the capacity to enter into binding contracts under applicable law. Customers who have violated these terms or have been temporarily or permanently suspended from using the Services are not permitted to use the Services, even if they meet the legal requirements outlined in this Clause.

3.3 General terms of use:
You agree to:

(a) Use the Services only for lawful purposes, and to always conduct your activities in connection with the Services in good faith.

(b) Ensure that any data or information you post on the Platform in connection with the Services is accurate and compliant with all applicable laws. You acknowledge that you are solely responsible for this information and data.

3.4 Product description:
While we strive to provide accurate descriptions of the Products, we do not guarantee that the descriptions are entirely accurate, current, or error-free.

3.5 Prices of Products:
All listed prices are subject to applicable taxes unless otherwise stated. We reserve the right to adjust listing prices at any time without providing a reason or prior notice.

3.6 Third-Party Vendors:
You acknowledge that parties other than Quickergroup (i.e., Third-Party Vendors) may list and sell products on the Platform. Information regarding whether a specific product is sold by Quickergroup or a Third-Party Vendor will be indicated on the product listing page. For clarity, any agreement for the sale of a Third-Party Vendor’s product is a direct agreement between the Customer and the Third-Party Vendor, subject to the Terms and Conditions of Sale.

Customers with Accounts

4.1 Username/Password:
Certain Services available on the Platform may require you to create an account or provide Personal Data. If you choose to create an account, a Username and Password may either be:

(i) Assigned to you by us; or

(ii) Chosen by you and accepted by us, at our sole discretion, for the use of the Services and access to the Platform.

We may, at any time, request that you update your Personal Data or invalidate your Username and/or Password without prior notice or explanation. We are not liable for any losses resulting from such a request or invalidation. You agree to periodically change your Password and keep both your Username and Password confidential. You are responsible for the security of your account and liable for any unauthorized use of your Username and/or Password.

You must notify us immediately if you suspect that the confidentiality of your Username and/or Password has been compromised, if there has been unauthorized use of your account, or if your Personal Data requires updating. Any notice of this kind will be deemed processed seven (7) business days after receipt by us.

4.2 Purported use/access:
You acknowledge and agree that any access to the Platform or use of the Services, and any information, data, or communications made under your Username and Password, shall be deemed as:

(a) Use of the Platform and/or Services by you; or

(b) Information, data, or communications posted or transmitted by you.

You agree to be bound by all actions and communications made using your Username and Password, whether authorized by you or not, except in cases of unauthorized access reported and processed according to Clause 4.1. We have the right (but are not obliged) to act on, rely upon, or hold you responsible for any actions taken under your Username and Password, as if they were your own. You further agree to fully indemnify us against any losses resulting from the use of the Services or access to the Platform made under your Username and Password.

Intellectual Property

5.1 Ownership:
All Intellectual Property rights in the Platform and the Materials are owned, licensed, or controlled by Quickergroup, our licensors, or our service providers. We retain the right to enforce our Intellectual Property rights to the fullest extent permitted by law.

5.2 Restricted Use:
You may not reproduce, reverse engineer, decompile, disassemble, alter, distribute, republish, display, broadcast, hyperlink, mirror, frame, transfer, or transmit any part of the Platform or the Materials, or store them in an information retrieval system or install them on any server, system, or equipment without our prior written consent or that of the relevant copyright owners. Subject to Clause 5.3, permission is granted only to download, print, or use the Materials for personal and non-commercial purposes, provided you do not modify them and that all copyright and proprietary notices remain intact.

5.3 Trademarks:
Trademarks will be defined as specified in the attached schedule. Nothing in the Platform or these Terms of Use grants, by implication, estoppel, or otherwise, any license or right to use (including as a meta tag or as a “hot” link) any Trademarks displayed on the Services without our written consent or that of any applicable trademark owner.

Limitation of Responsibility and Liability
1 No Representations or Warranties:
The Services, Platform, and Materials are provided on an “as is” and “as available” basis. All information on the Platform, Services, or Materials is for informational purposes only. We make no representations or warranties of any kind, whether implied, express, or statutory, including warranties of non-infringement of third-party rights, title, merchantability, satisfactory quality, or fitness for a particular purpose. Specifically, we do not warrant:

(a) The accuracy, timeliness, adequacy, commercial value, or completeness of any data or information on the Platform, Services, or Materials;

(b) That the Platform, Services, or Materials will be uninterrupted, secure, error-free, or that defects will be corrected;

(c) That the Platform, Services, or Materials are free from computer viruses or other harmful code, agents, programs, or macros;

(d) The security of information transmitted through the Platform or Services, acknowledging the risk that such information may be accessed by unauthorized third parties or disclosed by us or our representatives. Internet transmissions and email communications may experience interruptions, delays, or errors due to the public nature of the Internet.

6.2 Exclusion of Liability:
Quickergroup and its affiliates shall not be liable for any losses or damages of any kind (regardless of the legal theory) arising directly or indirectly in connection with:

(a) Accessing, using, or being unable to use the Platform or Services;

(b) Relying on any data or information available through the Platform or Services. You should independently verify any such data or information before acting upon it;

(d) Use or access of any other website or webpage linked to the Platform, even if we or our representatives were advised of or anticipated such issues.

6.3 At Your Own Risk:
Any risk of misunderstanding, error, damage, expense, or loss resulting from the use of the Platform is entirely at your own risk, and we shall not be liable for such issues.

Hyperlinks, Alerts, and Advertising

7.1 Hyperlinks:
We may include hyperlinks to third-party websites or content for your convenience. These links lead to sites not under our control, and we are not responsible for any errors, omissions, delays, or any objectionable content (such as defamation, libel, slander, falsehood, obscenity, pornography, or profanity) on these external sites. Links provided do not imply endorsement or verification of the linked content. Your use of these external sites is at your own risk.

7.2 Advertising:
The Platform may display banners, java applets, or other promotional materials related to our products or those of Third Party Vendors. Please note that you are not entitled to any compensation, fees, or commissions related to such advertisements or promotional materials.

Your Submissions and Information

8.1 Submissions by You:
By submitting materials or information to the Platform, including but not limited to questions, reviews, comments, and suggestions (collectively, “Submissions”), you grant us a non-exclusive license to use such content. This includes using your name or Username in connection with any review or comment you post. You must not use a false email address or misrepresent yourself or others in connection with any Submissions. We reserve the right to publish, remove, or edit your Submissions at our discretion.

8.2 Consent to Receive Emails:
You consent to our use of any information you provide, including Personal Data, for sending informational and promotional emails. This consent fulfills the requirements of spam control laws, including those applicable in Vietnam and other jurisdictions. You can opt out of receiving promotional emails by following the unsubscribe link included in such emails.

8.3 Privacy Policy:
You acknowledge that you have read and agree to our Privacy Policy available at https://www.quickergroup.com/privacy-policy. By using the Platform, you consent to the collection, use, and disclosure of your Personal Data as described in the Privacy Policy.

Termination

9.1 Termination by Us:
We reserve the right to terminate your access to the Platform and/or Services, and/or disable your Username and Password, with immediate effect and with or without notice, at our sole discretion. This action may be taken for any reason, including but not limited to a breach of these Terms of Use, any violation of terms or conditions, or if, in our opinion or that of any regulatory authority, it is deemed inappropriate to continue providing the services related to the Platform.

9.2 Termination by You:
You may terminate these Terms of Use by providing us with seven (7) days’ advance written notice.

Notices

10.1 Notices from Us:
Notices or communications from us will be deemed to be given to you as follows:

(a) If communicated through print or electronic media, on the date of publication or broadcast; or

(b) If sent by post or left at your last known address, on the day following such posting or when it was left.

10.2 Notices from You:
Notices to us must be sent in writing to our designated address or email at Unit 2901, 29th Floor, Bhiraj Tower, 689 Sukhumvit Road, North Klongton Subdistrict, Vadhana District, Bangkok 10110, Thailand, and www.quickergroup.com/contact. We will be deemed to have received such notice only upon actual receipt. While we aim to respond promptly, we cannot guarantee consistent response times.

10.3 Other Modes:
We may designate other acceptable modes for giving notices, including email or other forms of electronic communication, and specify when such notices are deemed given.

General

11.1 Cumulative Rights and Remedies:
Our rights and remedies under these Terms of Use are cumulative and are in addition to any other rights or remedies we may have in law or equity. No exercise of any right or remedy will prevent us from exercising any other right or remedy.

11.2 No Waiver:
Failure to enforce any term of these Terms of Use does not constitute a waiver of that term. We retain the right to enforce these Terms of Use in any situation of non-compliance.

11.3 Severability:
If any provision of these Terms of Use is found to be illegal, invalid, or unenforceable, the remaining provisions will continue in full force and effect as if the illegal, invalid, or unenforceable provision had been removed.

11.4 Rights of Third Parties:
No person or entity other than the parties to these Terms of Use has the right to enforce any term, unless expressly stated otherwise.

11.5 Governing Law:
These Terms of Use, and any use of the Platform or Services, are governed by the laws of Vietnam. You submit to the exclusive jurisdiction of the courts of Vietnam.

11.6 Injunctive Relief:
We may seek immediate injunctive relief if a breach or non-performance requires such remedy, including temporary restraining orders or other immediate relief.

11.7 Amendments:
We may amend these Terms of Use by notifying you through the Platform or by other methods, including email. Any changes will be effective from the specified date. Continued use of the Platform or Services after such a date constitutes acceptance of the amended terms. If you do not accept the changes, you must stop using the Platform and terminate these Terms of Use.

11.8 Correction of Errors:
We reserve the right to correct any typographical, clerical, or other errors or omissions in any document, including invoices, without liability.

11.9 Currency:
All monetary references under these Terms of Use are in Vietnam Dong.

11.10 Language:
If these Terms of Use are translated into any language other than English, the English version will prevail and take precedence.

11.11 Entire Agreement:
These Terms of Use represent the entire agreement between you and us regarding the subject matter and supersede all prior agreements or communications.

11.12 Binding and Conclusive:
Records maintained by us or our service providers are binding and conclusive, and you agree not to challenge their admissibility or authenticity based on their electronic form or origin.

11.13 Sub-contracting and Delegation:
We may delegate or subcontract any of our functions related to the Platform or Services and may use service providers or agents as deemed appropriate.

11.14 Assignment:
You may not assign your rights under these Terms of Use without our prior written consent. We may assign our rights to any third party.

11.15 Force Majeure:
We are not liable for any non-performance or delay in performance of our obligations due to events beyond our reasonable control.

Schedule 1
Definitions and Interpretation

Definitions
Unless the context indicates otherwise, the following terms are defined as follows in these Terms of Use:

1.1 “Customer” is defined as in the Terms & Conditions of Sale.

1.2 “Intellectual Property” encompasses all types of rights including copyrights, patents, utility models, trademarks, service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, trade secrets, confidential information, goodwill, and reputation. This includes all related proprietary rights and applications, whether registered or not, present or future, anywhere globally, along with all associated benefits, rights to take legal action, and remedies for any past, current, or future infringements or misappropriations of these rights.

1.3 “Quickergroup Indemnitees” refers to Quickergroup and all of its officers, employees, directors, agents, contractors, and assigns.

1.4 “Quickergroup”, “we”, “our”, and “us” refer to Quickergroup Limited, a company incorporated under the laws of the United Kingdom, with its registered office at Quicker Group Ltd. 269a Southwark Park Road. Bermondsey, London, SE16 3TP, United Kingdom.

1.5 “Listing Price” denotes the price of Products listed for sale to Customers as shown on the Platform.

1.6 “Losses” includes all penalties, losses, settlements, costs (including legal fees and expenses on a solicitor-client basis), charges, actions, claims, demands, and other liabilities, whether foreseeable or otherwise.

1.7 “Materials” refers collectively to all web pages on the Platform, including information, images, links, sounds, graphics, video, software, applications, and other materials presented or available on the Platform, along with the functionalities or services provided.

1.8 “Order” means a request for Products placed through the Platform according to the Terms & Conditions of Sale.

1.9 “Password” is the valid password used by a Customer with an account to access the Platform and/or Services, in conjunction with the Username.

1.10 “Personal Data” includes any data that can be used to identify, contact, or locate you, such as your name, email address, billing address, shipping address, phone number, and credit card information. This also encompasses any data you provide when placing an Order, regardless of whether you have an account.

1.11 “Platform” includes (a) both the web and mobile versions of the website operated and/or owned by Quickergroup and/or its affiliates, currently located at www.quickergroup.com; and (b) the mobile applications available from time to time by Quickergroup and/or its affiliates, including iOS and Android versions.

1.12 “Privacy Policy” refers to the privacy policy available at https://www.quickerhub.com/privacy-policy/.

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

1.14 “Prohibited Material” includes any information, graphics, photographs, data, or other materials that: (a) contains any computer virus or harmful code; (b) infringes on any third-party Intellectual Property or proprietary rights; (c) is defamatory, libelous, or threatening; (d) is obscene, pornographic, fraudulent, stolen, harmful, or illegal under applicable law; (e) is considered offensive or objectionable, at our sole discretion.

1.15 “Services” refers to the services, information, and functions available through the Platform from us and/or our affiliates.

1.16 “Submission” is defined in Clause 8.1 of these Terms of Use.

1.17 “Terms & Conditions of Sale” refers to the terms governing a Customer’s purchase of Products, available at https://www.quickerhub.com/quickertrade-terms-conditions-of-sale/.

1.18 “Terms of Use” includes the recitals, Clauses 1 to 11, and any Schedules associated with these terms and conditions.

1.19 “Trademarks” means the trademarks, service marks, trade names, and logos displayed on the Platform, whether registered or unregistered, and owned by Quickergroup or any third party.

1.20 “Username” refers to the unique login identification name or code assigned to a Customer with an account.

1.21 “Voucher” means a credit voucher that a Customer may use, subject to Voucher Terms & Conditions and other terms, towards purchases on the Platform.

1.22 “Voucher Terms & Conditions” are outlined at https://www.quickerhub.com/quickertrade-terms-conditions-of-vouchers/.

1.23 “you” and “your” refer to individuals over the age of 20 or those under the supervision of a parent or legal guardian.

Interpretation
Any reference in these Terms of Use to a provision of a statute should be construed as referring to that provision as amended or re-enacted at the relevant time. When terms such as “include,” “includes,” or “including” are used, they are to be understood as being followed by “without limitation.” Unless explicitly stated otherwise, all references to a number of days mean calendar days, and “month” or “monthly” and references to months mean calendar months. Clause headings are for convenience only and do not influence the interpretation of these Terms of Use. In the event of a conflict between any provisions, whether in the same or different documents, the provision most favorable to Quickergroup shall prevail.