This page (together with the policies and other terms it refers to) tells you the terms and conditions on which we supply our service ("our service") including our website www.Qmee.com ("our site") and the Qmee browser plug-in ("our software") , to you.
Please read these terms and conditions carefully and make sure that you understand them before you start to use our service. You should print a copy of these terms and conditions for future reference.
Information about us
www.Qmee.com is a site operated by Qmee Ltd ("we"). We are registered in England and Wales under company number 07455925 and have our registered office at 3 Wesley Gate, Queens Road, Reading, Berkshire RG1 4AP.
Our service is only intended for use by people resident in either the United Kingdom or the United States and accessing it from that country.
You should not use our service if you are resident in another country.
By downloading our software, you warrant that you are legally resident in either the United Kingdom or United States, that you are accessing our site from that country and that you are at least thirteen (13) years of age.
The service we make available through our software operates by providing sponsored results when you carry out searches on certain third party search engines, based on your key-strokes. The sponsored results will be displayed in a separate window and are separate from any sponsored results displayed on the search engine's results pages. Subject to your compliance with these terms and conditions, when you click on a sponsored result in the Qmee window we may, in accordance with our user payment policy (as amended from time to time), credit a small sum of money ("a payment") to the user account you have registered with us, up to a maximum each calendar month as set out in our fair use policy. We will make reasonable efforts to ensure that no results will be shown in the Qmee window for searches that relate to improper content, including content that is obscene, indecent, vulgar, pornographic, sexual or otherwise objectionable.
You will only be able to receive payments credited to your user account via Paypal. Alternatively, you can donate them to one of several charities from a list specified by us, or cash out to a gift card from a list specified by us. If you choose to cashout to a gift card you will be issued a code to redeem your gift card. We do not hold any responsibility for the code issued and we will not be able to reissue the code. We hold the right to remove any gift cards offered at any given time. You will be able to redeem your user account balance at any time and no minimum amount is required for redemption. Options for redeeming your user account balance are subject to change on reasonable notice by us. We will not be liable for any payments owed to you in the event that you provide us with an incorrect Paypal account number or other relevant details. We will also not be liable for any payments owed to you in the event of a catastrophic data, software or server error, cyber-attack or other event that makes it impossible for us to determine the payments that have been accrued.
You may have the option to cash out to a gift card from a list specified by us. If you choose to cash out to a gift card you will be issued a code to redeem your gift card. We do not hold any responsibility for the code issued and we will not be able to reissue the code. We hold the right to remove any gift cards offered at any given time. The minimum amount required for redemption is £5/$5. To order a gift card you will need to verify your identity by first cashing out (any amount) to your PayPal account.
We are entitled to suspend your user account at any time at our sole discretion. If your account has not been used for one (1) year or more we will retain the balance in the account, otherwise we will pay the balance of the account to you. We may also suspend your use of our service at any time at our sole discretion.
Our service is intended to reward normal Internet browsing behaviours and you should not click on a sponsored result if you have no genuine interest in that sponsored result. If we are of the opinion (or our algorithms suggest) that you are abusing our service, including but not limited to clicking on sponsored results in which you have no genuine interest or clicking on a sponsored result on multiple occasions, we are entitled, at our sole discretion, to reduce the amount of the payments being made to you or to stop making payments to you altogether. We may supplement these terms and conditions with a detailed fair use policy, available via our site.
From time to time we may offer a friend get friend referral scheme, to users designated by us. For every referral that signs up to Qmee through your referral link, you will receive a reward into your Qmee account, on their first cashout to PayPal. Referrals must follow your referral link in order for you to receive the reward.
We reserve the right to suspend the referral scheme at any time.
When providing our service we provide links to the websites of third parties. We make no warranties or representations about the content of the third party websites that are linked to. We will not be liable for the content on such websites including but not limited to: (i) any obscene, offensive, defamatory or abusive content, (ii) any viruses, Trojan horses, worms or other damaging software or programs, (iii) any content that infringes third party rights including contractual, personal or intellectual property rights, and (iv) any otherwise objectionable, unlawful or illegal content. We also cannot give any undertaking that products or services you purchase or otherwise obtain from third parties to whose website we have provided a link will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This paragraph does not affect any legal rights you may have against the third party. [UK residents seeking information about their legal rights should contact their local trading standards or citizens advice bureaux].
Accessing our service
Access to our service is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide without notice (see below). We will not be liable if for any reason our service is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
You must not allow any other person to use your user account. You must treat your user account ID and password as confidential, and you must not disclose it to any third party. We have the right to disable any user account ID or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our service, including our site and our software. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. None of this material may be reproduced or redistributed without our written permission. You may, however, download or print a single copy of any on-screen information for your own private use.
If you print off, copy or download any part of our service in breach of these terms and conditions, your right to use our service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Qmee is a EU and US registered trade mark of Qmee Ltd.
To the extent permitted by law, we and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our service or in connection with the use, inability to use, or results of the use of our service, any websites linked to by our service and any materials posted on our site, including:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information about you and your visits to our site
Viruses, hacking and other offences
You must not misuse our service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
You must not attempt to gain unauthorised access to our service (including our site), the server on which our site is stored or any server, computer or database connected to our service. You must not attack our service via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our service (including our site) will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our service.
Links from our site
Where our service (including our site) provides links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Reliance on information posted
Commentary and other materials posted on our site or otherwise provided by our service are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by you or anyone who may be informed of any of such material.
Our site and software may change regularly
We aim to update our site and software regularly, and may change the content at any time. If the need arises, we may suspend access to our site or software, or close them indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
Jurisdiction and applicable law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site or use of our service although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
If you reside in the United States, this agreement will be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles of conflict of law. You agree to first bring any case relating to a dispute hereunder to be decided before one arbitrator in final, binding, non-appealable arbitration in New York, NY under the rules of the American Arbitration Association. Each party shall divide the costs equally of such arbitration and in the event the arbitrator decides the arbitration fees would be hardship on you, the arbitrator may allow for Qmee to pay 100% of the arbitration fees (not including your attorneys’ fees, which much be borne by you). You may also participate in the arbitration by phone if you are unable to come to New York. You agree to bring any case hereunder individually and not as a member of any class or part of any type of class action case. YOU UNDERSTAND THAT EXCEPT FOR THE OBLIGATIONS SET OUT IN THIS SECTION, YOU WOULD HAVE A RIGHT TO A TRIAL BY JURY AND YOU HEREBY WAIVE SUCH RIGHT. An arbitration award hereunder may be enforced by any court of competent jurisdiction. Notwithstanding anything to the contrary herein, you agree that Qmee may bring an action relating to its intellectual property rights, including an injunction related to such rights, in any court of competent jurisdiction without using the arbitration mechanism herein. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into account in the decision by Qmee to provide the service. You may not assign any of your rights, obligations or privileges without the prior, written consent of Qmee. This agreement and any Qmee posted operating rules constitute the entire agreement of the parties with respect to the subject matter of this agreement, and supersede all prior or contemporaneous communications and proposals whether oral, or written, between the parties with respect to the subject matter of this agreement, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.
If you have any issues with your user account, please contact email@example.com.
Our service displays some content that belongs to and is made available by third party advertisers (primarily sponsored search messages). This content is the sole responsibility of the relevant advertisers. We may review content for legality and compliance with our policies, and we may remove or refuse to display content that we reasonably believe is non-compliant. However we may not review content as a matter of course, so please do not assume that we do. If you have any concerns about any of the sponsored links displayed as part of our service, please contact firstname.lastname@example.org.
All other enquiries should be directed to email@example.com.
Thank you for visiting our site.
Last updated: 15 October 2013