Quickertrade Terms of Service

Version: 1.1.1

Released: 13th September 2024

1. Introduction

1.1 These Terms are applicable to all Users, including those who access, upload, or view Livestream Content, User-Generated Content (UGC), and Professional-Generated Content (PGC). By using the Quickergroup Platform, you agree to be bound by:

(a) the Quickergroup Terms and Conditions available at https://www.quickergroup.com/terms-conditions/

(b) these Terms;

as well as any amendments, updates, revisions, or modifications to the above documents made by us periodically.

1.2 We may modify these Terms at our discretion (“Changes”). Such Changes will become effective once posted on the Quickergroup Platform, with no further notice. Your continued use of the Platform following the publication of Changes signifies your acceptance of those Changes. You are encouraged to review the current Terms regularly at https://www.quickergroup.com/terms-conditions/

1.3 By agreeing to these Terms, you affirm that:

(a) you are at least 20 years old and fully capable of entering into these Terms; or

(b) you are a parent or legal guardian of the individual using the Quickergroup Platform and consent to these Terms, ensuring that the individual adheres to them.

1.4 If you are under 20 years old, you must obtain parental or guardian permission to create an account on the Quickergroup Platform. If you are a parent or legal guardian creating an account for a minor, you accept and agree to these Terms on their behalf and assume responsibility for the minor’s activities and any charges arising from their use of the Platform or Services. Without such consent, you must cease using or accessing the Quickergroup Platform or Services.

2. Using the Quickergroup Platform

2.1 The Quickergroup Platform enables Users to upload UGC in various forms, including: (a) general comments; (b) product reviews; (c) product recommendations; (d) ‘Before & After’ product results; (e) short videos; (f) product usage guides; (g) livestreams; and other features or tools we may introduce. UGC will be published on the Quickergroup Platform for other Users to view.

2.2 You understand that Quickergroup only provides a platform for Users to upload Content. Any decision to view, access, or act upon the Content, or any product or service transactions resulting from accessing Content, is entirely at your own risk. You are solely responsible for any Content you upload or make available on the Quickergroup Platform.

2.3 The Quickergroup Platform may include links to third-party websites that we do not control. We disclaim any responsibility for the content, privacy policies, or practices of such external sites and will not censor or edit their content. By using the Quickergroup Platform, you release us from any liability related to your interaction with third-party websites.

2.4 We reserve the right to determine which Users can access various features of the Quickergroup Platform (including viewing or uploading Content). Unauthorized use of another person’s account is prohibited. You are responsible for all activities under your account and must ensure your account password remains confidential. You may be liable for any losses or damages resulting from unauthorized use of your account.

2.5 You must comply with all relevant laws, regulations, and guidelines and secure any necessary regulatory approvals (e.g., permits or approvals for advertising products) before uploading any Content to the Quickergroup Platform.

3. Your Content

3.1 You represent and warrant that you own or possess the necessary licenses, rights, consents, and permissions to publish any Content you submit. Except for Livestream Content, you grant us all necessary rights, including patents, trademarks, trade secrets, copyrights, or other proprietary rights, to use and publish such Content on the Quickergroup Platform in accordance with these Terms.

3.2 By uploading Content to the Platform, you confirm that you hold the copyright for the material. If the Content includes third-party copyrighted material, you must obtain permission from the copyright owner before uploading, sharing, or distributing the Content on the Quickergroup Platform.

3.3 Except for Livestream Content, you retain all ownership rights to your Content. However, by using the Quickergroup Platform, you grant us a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and/or perform the Content in connection with the Service and our business, including for promotional purposes and redistribution through any media formats and channels.

3.4 Quickergroup will retain all ownership rights to Livestream Content uploaded to the Quickergroup Platform. This means we will own the Livestream Content you create and may use it in any manner, including deleting, reproducing, distributing, preparing derivative works, displaying, performing, promoting, and monetizing it, without further consultation with you. You hereby assign and transfer to Quickergroup all rights, titles, and interests in the Livestream Content, including any rights necessary for licensing and merchandising, and agree to provide any additional documentation requested by Quickergroup to establish or enforce our ownership rights.

3.5 You also grant each User of the Quickergroup Platform a non-exclusive license to access your Content through the Platform and to use, reproduce, distribute, display, and perform such Content as permitted by the Platform’s functionality and these Terms.

3.6 The licenses granted by you are perpetual and irrevocable.

3.7 You agree that the Content you upload will not include third-party copyrighted material or material subject to other proprietary rights unless you have the necessary permissions from the rightful owner or are legally entitled to post the material and grant us the rights specified in these Terms.

3.8 Quickergroup does not endorse any Content uploaded to the Platform or any opinions, recommendations, or advice expressed therein. We disclaim all liability related to Content provided by users or licensors.

4. Prohibited Content

4.1 You agree not to upload or make available any Prohibited Content.

4.2 Specifically, you must avoid the following restrictions:

(a) Content that is offensive, including defamatory statements, violence, cruelty, nudity, sexual content, pornography, solicitation of prostitution, hate speech, or anything indecent, obscene, false, or intended to annoy, abuse, threaten, or harass others.

(b) Content unsuitable for users aged 20 and below.

(d) Content referencing physical, mental, or sensory disabilities.

(e) Content encouraging unlawful acts, violence, or the use of narcotics and addictive substances.

(f) Inflammatory, subversive, or seditious content that incites conflict against any state or its laws or promotes conflict between groups, or degrades cultural or religious beliefs.

(g) Content involving gambling, including games, lotteries, betting, astrology, geomancy, palm reading, or other fortune-telling methods.

(h) Content involving minors without parental or guardian consent.

(i) Content related to or promoting prohibited or banned activities under any law.

(j) Content infringing intellectual property rights or causing confusion with other organizations or individuals.

(k) Content impersonating organizations or individuals without proper consent.

(l) Content violating data protection or intellectual property laws.

(m) Misleading, false, or deceptive content, including false claims about product prices or promotions.

(n) Content with terms like “best,” “the best,” “number one,” “proven,” “top-grade” unless permitted by applicable laws.

(o) Content comparing products’ prices, quality, or efficiency unless allowed by applicable laws.

4.3 Content involving physical stunts must clearly display a warning such as “Do Not Attempt” or similar.

4.4 We do not permit copyright infringement or violations of intellectual property rights on the Quickergroup Platform. We will remove Content if we are properly notified of such infringements, following applicable intellectual property laws.

4.5 We reserve the right to remove any Content without prior notice or reason.

4.6 Quickergroup will not be liable for any losses or damages resulting from the removal of Content at our discretion.

5. Specific User Conditions for Live Streamed Content

5.1 Only approved Presenters, including Users or Sellers wishing to present live, are permitted to appear in or feature in Live Streamed Content. Presenters must apply through the Seller Centre or Quickergroup mobile application, or as otherwise directed by us. Acceptance of such applications is at our sole discretion.

5.2 Presenters must adhere to the conditions set forth at the time of application. These conditions may be updated periodically, and Presenter applications will be subject to the conditions in effect at the time of the application, whether new or re-submitted.

5.3 Presenters must comply with these Terms and any additional policies we may issue. Presenters must not encourage, promote, or condone violations of these Terms.

5.4 If we determine that a Presenter has not complied with these Terms or any of our policies, or for any other reasons we deem necessary, the Presenter must immediately follow our instructions. This may include terminating or removing the Live Streamed Content, deleting all saved Live Streamed Content, and notifying other users on the Quickergroup Platform of the Presenter’s non-compliance. Quickergroup also reserves the right to terminate any Live Streamed Content at its sole discretion without providing reasons.

5.5 If a Seller authorizes a Presenter to feature in Live Streamed Content, the Seller is responsible for the actions, omissions, and neglects of the Presenter, their employees, or agents as if they were the Seller’s own actions. The Seller remains primarily accountable to us for fulfilling their obligations under these Terms.

5.6 Quickergroup reserves the exclusive right to revoke or terminate a Presenter’s status and to appoint or determine Presenters as we see fit.

5.7 Presenters must ensure that Users participating in Live Streamed Content adhere to our policies. Presenters must not encourage, promote, or condone breaches of these policies by Users.

5.8 Presenters should dress appropriately during live streams. Inappropriate clothing, such as that which is vulgar, obscene, degrades religious or cultural traditions, or features offensive language, is prohibited. Dress should be clean, tidy, and professional, and must meet the following criteria:

(a) Clothing must not reveal sensitive areas of the body or consist only of undergarments.

(b) Uniforms or attire of government bodies, armed forces, or any other organizations are not permitted.

5.9 Only include audio-visual content, including songs and videos, that complies with applicable laws and regulations, such as:

(a) Personal data protection laws;

(b) Intellectual property protection laws;

(d) Content regulations;

(e) Consumer protection laws. It is the User’s responsibility to ensure their content complies with relevant laws and regulations. Content with sexual themes is strictly prohibited.

5.10 Do not display items with inflammatory or offensive elements, such as sexually suggestive items, those undermining religious or racial harmony, references to disabilities, or degrading national themes.

5.11 Do not promote or endorse illegal activities such as drug use, gambling, or illegal possession of firearms.

5.12 Avoid performing high-risk stunts or activities during live streams.

5.13 Do not display or focus on nudity or sensitive body parts such as the chest, buttocks, or groin.

5.14 Do not promote or endorse organizations involved in illegal pyramid schemes.

5.15 Refrain from self-abuse or attacks on others, including behaviors such as alcoholism, self-harm, suicide, mutual abuse, animal cruelty, or ingesting harmful items.

5.16 Live streaming in sensitive locations, including hospitals, cemeteries, childcare centers, schools, or government buildings, is prohibited.

6. Software License and Proprietary Rights of Quickergroup

6.1 All intellectual property rights in the Quickergroup Platform, including any Professional-Generated Content (PGC) or informational content, as well as website design, trademarks, logos, text, graphics, software, photos, videos, music, sounds, and their selection and arrangement, are owned by us or, where applicable, our affiliates or third-party intellectual property holders. The Quickergroup Platform and its content are protected under applicable intellectual property laws.

6.2 The Quickergroup Platform, including its Intellectual Property and content, may not be copied, reproduced, distributed, licensed, transferred, or otherwise used except as expressly permitted by these Terms. Disassembling, decompiling, or reverse engineering the Quickergroup Platform is prohibited.

7. Restrictions on Using the Quickergroup Platform

7.1 Quickergroup grants you a non-exclusive, non-transferable, and revocable license to use the Quickergroup Platform as described in these Terms, provided you do not:

(a) Download or record Content unless a “download” button or hyperlink is provided by Quickergroup on the Platform. Unauthorized copying, modifying, adapting, translating, reverse engineering, disassembling, decompiling, or creating derivative works of the Platform or any Content, including any files, tables, or documentation, is prohibited. You may not attempt to determine any source code, algorithms, methods, or techniques embodied by the Services or any derivative works;

(b) Distribute, license, transfer, or sell, in whole or in part, any of the Platform or any derivative works;

(c) Use the Platform for any commercial or unauthorized purposes without our express written consent, including advertising, solicitation, or spamming;

(d) Impersonate any person or entity, or misrepresent your affiliation with any person or entity, including giving the impression that any Content you upload, post, transmit, distribute, or otherwise make available originates from the Quickergroup Platform;

(e) Intimidate, abuse, annoy, or harass others, or promote sexually explicit material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;

(f) Use or attempt to use another’s account, service, or system without authorization, or create a false identity on the Platform;

(g) Engage in activities that undermine the purposes of the Platform, such as trading reviews or soliciting fake reviews;

(h) Use or launch any automated system, including “robots” or “spiders,” to upload, transmit, distribute, store, or otherwise make available files containing viruses, trojans, worms, logic bombs, or other malicious or harmful material, or to access any part of the Platform that we do not expressly authorize. This includes overwhelming the servers of the Platform or Quickergroup Content Service, such as causing a Distributed Denial-of-Service Attack;

(i) Bypass or interfere with the internal workings or security features of the Platform, including altering the coding or interface;

(j) Engage in “doxing” by revealing other users’ personal information (such as names, email addresses, addresses, and phone numbers);

(k) Promote products sold on other websites besides Quickergroup;

(l) Engage in fraudulent activities, including using bots or technology to manipulate views, followers, or sales, or falsify data;

(m) Promote or facilitate the sale of counterfeit goods or goods that infringe third-party intellectual property rights;

(n) Upload, share, or distribute Content that negatively impacts other users’ use of the Platform or damages the goodwill or reputation of Quickergroup.

8. Actions for Infringement of These Terms

8.1 If you violate these Terms or applicable laws, the following measures may be taken, without prejudice to any other rights or remedies Quickergroup may have:

(a) Immediate removal of the offending Content;

(b) Deletion of any or all saved Content;

(d) Banning you from the Platform or the use of the Service for a specified period or permanently; or

(e) Taking any other action against you or any accounts you may have with Quickergroup.

8.2 We may remove any Content you upload or disable access to it for any reason, including:

(a) If we deem the Content to be Prohibited Content, at our sole discretion;

(b) If requested by an authority to remove the Content;

8.3 Although you retain ownership of your Content, you grant Quickergroup a worldwide, non-exclusive, royalty-free, sublicensable, and transferable perpetual license to use, modify (including splicing, cropping, or editing), duplicate, share, display, and prepare derivative works of your Content (whether modified or not) for any purpose.

8.4 By uploading Content to the Quickergroup Platform, you permit us to disclose your identity (including all details shared when you opened your account) to third parties.

9. Personal Data

Your personal data will be processed according to our Personal Data Policy, which can be found at https://www.quickergroup.com/privacy-policy.

10. Indemnity

You are responsible for any loss or damage incurred by Quickergroup as a result of your breach of these Terms. You agree to defend, indemnify, and hold harmless Quickergroup and its related companies, officers, directors, employees, and agents from any claims, losses, liabilities, or damages arising from your use of and access to the Quickergroup Platform or from your breach of these Terms. Quickergroup may assume control of any matter subject to indemnification by you, and you must cooperate with us in providing any necessary defenses and cover any legal fees we may incur.

11. Limitation of Liability

11.1 The Quickergroup Platform and all associated data and/or information are provided on an “as is” and “as available” basis, without warranties of any kind, either express, implied, or statutory, including but not limited to warranties of non-infringement, merchantability, satisfactory quality, or fitness for a particular purpose. All data and/or information provided are for informational purposes only.

11.2 We do not guarantee that the Quickergroup Platform and/or Services will be available, accessible, uninterrupted, timely, secure, accurate, complete, or error-free, or that any defects will be corrected. We also do not warrant that the Platform or its server is free of harmful code or components, such as viruses, trojans, worms, or other malicious elements.

11.3 Quickergroup and its officers, employees, directors, agents, contractors, and assigns are not liable for any losses arising directly or indirectly in connection with:

(a) Any access, use, or inability to use the Quickergroup Platform or Services;

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

(c) Any system, server, or connection failure, error, omission, interruption, delay, computer virus, or other malicious or corrupting code;

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

11.4 Any risk of misunderstanding, error, damage, expense, or loss resulting from the use of the Platform and/or Services is solely at your own risk. We shall not be liable for any such consequences.

12. Interpretation

12.1 In these Terms:

“Content” includes any sound, music, text, photos, videos, software, codes, or other audiovisual or tactile representations that you may view from or upload to the Quickergroup Platform. This includes Livestream Content, PGC, UGC, and user interactions with these types of content.

“Quickergroup Content Service” refers to viewing, accessing, or uploading any Content to the Quickergroup Platform.

“Quickergroup Platform” means www.quickergroup.com, the Quickergroup mobile application, or any other internet domain property of Quickergroup.

“Livestream Content” means live Content streamed over the Internet to the Quickergroup Platform using Quickergroup’s livestreaming tools.

“PGC” means Content generated by third parties commissioned or hired by Quickergroup.

“Presenter” means any person who appears or features in Live Stream Content.

“Prohibited Content” includes any content that:

Breaches any law or regulation, or any guidelines issued by any government or regulatory authority;
Is prohibited under clause 5;
Breaches Quickergroup’s Community Policies;
Is deemed unsuitable by Quickergroup at its sole discretion.

“Seller” refers to a seller using the Quickergroup Platform to sell Goods to Buyers, and includes Third Party Vendors. Quickergroup may also be a “Seller” for selected Goods.

“Services” means the use of any services, information, or functions available on the Quickergroup Platform. References to the Quickergroup Platform include the Services, unless otherwise stated.

“Terms” refers to these terms and conditions. They should be read together with Quickergroup’s Terms of Use, which serve as an agreement between you and Quickergroup for using the Platform and Services. In case of conflict, these Terms will prevail.

“Third Party Vendor” means a seller with Quickergroup’s permission to use the Platform and/or Services to sell Goods to Buyers, excluding Quickergroup.

“UGC” means Content generated by Buyers or Sellers and uploaded or viewed on the Quickergroup Platform.

“User” means any registered user of the Quickergroup Platform.