Welcome to Qkaey! Qkaey is an online platform that connects customers with on-demand photographers, videographers, and photobooths in their local area. By using our platform, you agree to be bound by the following terms and conditions (“Terms”). If you do not agree to these Terms, you may not use Qkaey.
- Your Acceptance of the Terms By using the Qkaey website and its services, you are agreeing to be bound by these terms and conditions. If you do not agree to these terms, please do not use the Qkaey website or its services.
- The Services and Users of the Services a) Vendors: Qkaey offers a platform for vendors, including photographers, videographers, and photobooths, to offer their services to users. Vendors are responsible for ensuring that their services comply with all applicable laws and regulations. b) Users: Qkaey offers a platform for users to find and hire vendors for their photography, videography, and photobooth needs. Users are responsible for ensuring that their use of the services complies with all applicable laws and regulations.
- We Are a Third Party Qkaey is a third-party service provider and is not a party to any agreements between vendors and users. We do not control the services provided by vendors and are not responsible for the actions or inactions of vendors or users.
- Nondiscrimination Policy Qkaey prohibits discrimination based on race, sex, religion, national origin, age, or disability. We reserve the right to remove any vendor or user from our platform who is found to be in violation of this policy.
- Jurisdictional Issues Qkaey is intended for use by residents of Germany, and we make no representation that the services or materials available on the Qkaey website are appropriate or available for use in other locations.
- Accounts, Passwords and Security Users and vendors are responsible for maintaining the confidentiality of their accounts and passwords. Users and vendors agree to accept responsibility for all activities that occur under their accounts.
- Privacy Qkaey respects the privacy of its users and vendors and is committed to protecting their personal information. Our privacy policy can be found on our website and is incorporated into these terms and conditions by reference.
- Rules for Using the Services Users and vendors agree to use the Qkaey website and services in accordance with all applicable laws and regulations, and in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of the Qkaey website by any third party.
- Protection of Intellectual Property Content All content on the Qkaey website, including text, images, and logos, is protected by copyright and other intellectual property laws. Users and vendors may not use this content without the express written permission of Qkaey.
- Content Submitted by Users Users may submit content, including reviews and ratings of vendors, to the Qkaey website. Users are solely responsible for the content of their submissions and agree to indemnify and hold Qkaey harmless from any claim or demand made in connection with their submissions.
- Our License to Submitted Content By submitting content to the Qkaey website, users grant Qkaey a non-exclusive, royalty-free, perpetual, and irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
- Rules Regarding Submitting Content Users may not submit content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and may not submit content that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”
- Tools & Changes to Services Qkaey may at any time modify
- or discontinue the services offered on the website, with or without notice. Qkaey may also provide users and vendors with tools and resources to facilitate their use of the services, but is not responsible for the functionality or performance of these tools.
- Fees & Payments a) For Users: Users may be charged a fee for the use of certain services on the Qkaey website. These fees will be clearly disclosed to users before they are charged. Users are responsible for paying these fees in a timely manner. b) For Vendors: Vendors may be charged a fee for the use of certain services on the Qkaey website, such as listing their services. These fees will be clearly disclosed to vendors before they are charged. Vendors are responsible for paying these fees in a timely manner.
- 15.1 Text Messaging: Qkaey’s services may include the use of text messaging for communication between vendors and users. Users and vendors agree to receive text messages as part of the services and understand that standard text messaging rates may apply.
- 15.2 E-SIGN Disclosure: By using the Qkaey website and services, users and vendors consent to the use of electronic records and signatures in connection with the website and services.
- Coupons & Discounts Qkaey may offer coupons and discounts to users and vendors from time to time. These offers may be subject to additional terms and conditions, which will be disclosed at the time of the offer.
- Disclaimers of Warranties Qkaey makes no representations or warranties about the services or the website, including but not limited to the accuracy, reliability, completeness, or timeliness of the services or website. Users and vendors use the website and services at their own risk.
- Limited Liability Qkaey will not be liable for any damages arising from the use of the website or services, including but not limited to direct, indirect, incidental, consequential, or punitive damages.
- Indemnity Users and vendors agree to indemnify and hold Qkaey and its affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of their use of the website and services, their violation of these terms and conditions, or their infringement of any intellectual property or other right of any person or entity.
- Suspension or Termination of Access and Remedies Qkaey reserves the right to suspend or terminate a user’s or vendor’s access to the website and services at any time, with or without notice, and for any reason, including but not limited to a violation of these terms and conditions. Users and vendors agree that Qkaey shall not be liable to them or any third party for any suspension or termination of their access.
- Governing Law; Venue and Jurisdiction These terms and conditions shall be governed by and construed in accordance with the laws of Germany, without giving effect to any principles of conflicts of law. Any dispute arising under or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Germany.
- MANDATORY ARBITRATION AND CLASS ACTION WAIVER Any dispute arising out of or related to these Terms or the Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
- Claims of Copyright Infringement Qkaey respects the intellectual property rights of others and expects users and vendors to do the same.
- If a user or vendor believes that their work has been copied in a way that constitutes copyright infringement, they may notify Qkaey’s copyright agent in accordance with the Digital Millennium Copyright Act (DMCA). Qkaey’s copyright agent can be reached at the following email address: copyright@qkaey.com/uk
- Linked Websites The Qkaey website may contain links to third-party websites. Qkaey is not responsible for the content or practices of these websites, and users and vendors access them at their own risk.
- The Services Do Not Provide Medical Advice The services provided on the Qkaey website are for general information and use only and are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a physician or other qualified healthcare provider with any questions you may have regarding a medical condition.
- General Provisions If any provision of these terms and conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Qkaey’s failure to enforce any right or provision in these terms and conditions shall not be deemed a waiver of such right or provision.
- Account Flagging System Qkaey reserves the right to flag users and vendors accounts if they violates any of the terms and conditions.
- Rating and Review Disputes Users and vendors can submit disputes regarding ratings and reviews they receive through Qkaey’s customer support team.
- Feedback Rules Users and vendors agree to submit feedback that is respectful, honest and accurate.
- Filing a Ratings and Review Dispute If a user or vendor believes that a rating or review is inaccurate, they can file a dispute through Qkaey’s customer support team.
- Manipulating Ratings and Reviews Users and vendors agree not to manipulate ratings and reviews.
- Community Guidelines Users and vendors agree to follow Qkaey’s community guidelines.
- Messaging Payment Services Qkaey may offer messaging payment services, in which case additional terms and conditions may apply.
- Contact Us If you have any questions about these terms and conditions or the Qkaey website and services, please contact us at support@qkaey.com/uk
- By using the Qkaey website and services, users and vendors agree to be bound by these terms and conditions.