Terms and Conditions

Terms and Conditions

Sabiedrība ar ierobežotu atbildību “Qfer”, enterprise registered in the Republic of Latvia with registration number: 40103840954, registered address: Riga, Pļavnieku iela 9-41, LV-1021 (“we”, “us”, “our”, “Qfer”) provides users with the ability to receive special offers, stamp cards, and earn points and rewards from various participating merchants. These Terms and Conditions apply to all Users (“User”, “you”, “your”) of Qfer website published at www.qfer.lv, www.qfer.me www.qfer.lt, www.qfer.ru, www.qfer.nl, www.qfer.pt, www.qfer.com.cy and its mobile applications, electronic services, social networking sites branded by Qfer (all collectively “Qfer sites”) and govern the relations between Users and Qfer in relation to usage of Qfer sites.
Before using Qfer sites, you as a User are obliged to get fully acquainted with these Terms and Conditions. The Terms and Conditions becomes binding from the moment when the User starts using the Qfer webpages and/or mobile applications. By using or interacting with any of the SIA “Qfer” branded products or Qfer sites you agree to the provisions of this Terms and Conditions and consent you have read and understood the all of the provisions stated herein.
Qfer allows the Users to obtain special offers in a form of special offer - discount, stamp card and any other reward, which has been published on Qfer sites and contains the following information: title, description, price, address/es, contact information and photo/os (“Offer”).
Offer is received upon insertion of a code - statement with the unique code used to identify an Offer, which gives the User the rights to redeem an Offer at service provider’s locations (“Code”). Service provider is a natural person or a company providing Offers through Qfer sites (“Service provider”). Information about the Service provider can be obtained under the description section of each Offer.

1. How to use
1.1. Qfer requires the User to create an account on the Qfer website and/or mobile application. Creating an account enables you to access all available Offers and relevant information, create a list of selected Offers, use an interactive map and use any other functionality provided by Qfer.
1.2. All Offers made available are promotional only. Offers are published directly by the Service providers of the respective Offers (Qfer is not responsible for any of the Offers published). Service provider is responsible to ensure availability of the Offer and is solely responsible for redeeming any Offer you obtain. Qfer bears no liability if a Service provider refuses or fails to redeem any Offer or if the Offer does not match the quality criteria Users can expect from the description provided in Qfer sites.
1.3. The following terms and conditions also apply to all Offers:
1.3.1. Redemption frequency, terms of Offer redemption and other information is determined by the Service provider;
1.3.2. Providing Offers that include alcoholic beverages is at the sole discretion of the Service provider and is subject to compliance with applicable law;
1.3.3. Offers cannot be combined with any other rewards, offers, vouchers, third party certificates, coupons, or promotions, unless otherwise specified by the Service provider;
1.3.4. Unauthorized reproduction of any Offer is prohibited;
1.3.5. Offers may be applied only to the applicable products or services sold by the Service provider.
1.4. To receive and use Offer, you have to visit your selected Service provider and show the Qfer mobile app. Representative of the Service provider will enter a unique Code in your smartphone. After a successful entry of the Code, the Service provider has an obligation to provide the selected service indicated in the Offer and the User has an obligation to pay the price indicated in the Offer.

2. User’s rights and obligations
2.1. User has the following rights:
2.1.1. Provide Qfer with feedback and suggestions for improving Qfer services;
2.1.2. Provide reasonable complaints / objections about the services received from the Service providers, taking into consideration that Service providers alone are responsible for the quality and availability of the Offers;
2.1.3. Use Qfer sites and Offers, as well as other functionalities provider by Qfer and Service providers.

2.2. Users have the following obligations:
2.2.1. Provide true and complete information about himself/ herself upon registration and use a valid e-mail address that belongs to the User. User takes responsibility for the information provided during registration and its correctness. User undertakes the risk caused due to incorrect or incomplete information about himself herself;
2.2.2. Immediately inform Qfer about any changes in the information User has provided to the Qfer, using contact information of the Qfer provided in these Terms and Conditions;
2.2.3. Not to provide his/her own password to any third persons, as well as to maintain the password not available to third parties;
2.2.4. If a User gets to know Code intentionally or by mistake, he/she undertakes to withhold this information and not share this information to any third party, as well as not to use this information;
2.2.5. Not to use Qfer and Qfer sites for or in relation to any illegal activities (including using Qfer sites to identify themselves as another person);
2.2.6. Immediately inform Qfer via email in case of a lost password or in case Code gets disclosed to User or if this information comes into possession of third persons;
2.2.7. Subject to these Terms and Conditions set out in Section 6, unassisted and constantly / without specific reminders and/or invitations to follow up and get acquainted with any amendments, additions or other changes to these Terms and Conditions.

2.3. User confirms that:
2.3.1. He/ she is a legally competent and qualified person who has the right to undertake the obligations under these Terms and Conditions;
2.3.2. By enabling third party services within the Qfer (registering for the Qfer sites (e.g., via Facebook) and otherwise enabling various third party services), you are allowing us to pass your log-in information or other information provided to us (e.g., authentication information) to these service providers. Please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and Qfer shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Qfer. Qfer is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third party services, and such third party services may revoke authentication at any time. As such, Qfer is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party service;
2.3.3. He/she is informed and agrees that he/she shall in no case be entitled to claim price differential compensation from Qfer that may arise from the price shown in the Offer and the price actually paid, even if the prices do not match, as well, the User has no right to require any other form of remuneration from Qfer if not explicitly guaranteed by Qfer;
2.3.4. He/she has fully and readily understood all provisions in these Terms and Conditions, as well as fully understands that use of Qfer is associated with legally binding obligations upon him/her.

3. Rights and obligations of Qfer
3.1. Qfer has the following rights:
3.1.1. To delete a User from Qfer sites if Qfer suspects that the use of the Qfer will be/ was conducted unfairly or unlawfully;
3.1.2. Collect User data and information with a purpose to take the necessary steps in order to ensure and improve Qfer content and functionalities and personalisation of Ofer for each User separately by using the information in relation to the User’s activities in Qfer sites;
3.1.3. Send to Users promotional mailings, offers, newsletters, advertisement and other information similar to Offers and any other information at Qfers sole discretion;
3.1.4. Upon its own discretion and without explanation of reasons to limit or revoke User’s rights on Qfer sites, including changing the information published by the User on Qfer platform, or delete the User profile, without allowing him/ her to re-register if the User:
3.1.4.1. Violates Terms and Conditions;
3.1.4.2. Upon registration on Qfer or during usage of Qfer sites the User has submitted false, misleading and/or inaccurate information;
3.1.4.3. Knowingly and intentionally gives false information about Qfer on the Internet, in any way offends another person or behaves improperly or in any other manner, which according to Qfer’s assessment could harm Qfer or other persons;
3.1.4.4. In any other way behaves contrary to the Terms and Conditions, acts in bad faith or applicable normative acts.

4. Code and User profile verification
4.1. A unique Code, which is entered on the User’s smartphone to identify the redemption of the Offer, is to be regarded as confidential and its disclosure to third parties is strictly prohibited.
4.2. The User has the right to require the Service provider's employees to enter the Code, and if employees refuse to do so, the User has the right to contact Qfer and report the problem.
4.3. If Qfer has a suspicion of a unique Code being handed to third parties or a User entering the Code without redemption an offer or paying for it, Qfer reserves the right to block the particular User and delete all or part of the data and information that is associated with this profile on the Qfer sites.

5. Intellectual property
Qfer and its parts, including, but not limited to graphic interface and Offers, photos, etc. placed in Qfer sites by Services providers, as well as the associated software, these Terms and Conditions and other intellectual property objects of Qfer or Service providers, which are protected by the intellectual property rights of Qfer or Service providers, including copyrights, are separate works, which are protected by the intellectual property rights, which in any case cannot be used without SIA "Qfer" written permission. In case of disagreement, it is assumed that it is a question of intellectual property rights, including copyright, to protect property and intellectual property rights, including copyright, which belongs exclusively to SIA "Qfer".

6. Revision of Terms and Conditions
6.1. Qfer has right to unilaterally amend and revise these Terms and Conditions, including to suspend Qfer’s existence. Each revised version shall be dated and posted on the Qfer webpage. Qfer recommends that Users review the Terms and Conditions from time to time and take note of any changes. If User does not agree with the Terms and Conditions, User should not or no longer access or use the Qfer stes. By continuing to use the Qfer sites, User accepts any changes made to the Terms and Conditions.
6.2. Amendments and additions to the Terms and Conditional shall enter into legal force after the publication of respective amendments or additions on Qfer. Current version of the Terms and Conditions is available on the Qfer webpage.

7. Other provisions
7.1. Qfer provides Qfer sites as is, without warranty of any kind. Qfer makes no warranty that the Qfer sites are available on an uninterrupted, secure or error-free basis. Your use of Qfer sites is at your own risk. You acknowledge and agree that Qfer is not responsible for any damages to your computer system or the computer system of any third party that result from use of Qfer sites.
7.2. Legal relations arising from the use of Qfer sites are subject to laws of the Republic of Latvia.
7.3. Disputes arising from use of Qfer sites, the User, Qfer and the Service provider have to be solved through mutual negotiations. If no agreement can be found, the dispute shall be settled by courts of general jurisdiction of the Republic of Latvia.
7.4. In case, when any provision of these Terms and Conditions becomes unenforceable or invalid because of conflict with the law, it does not affect the rest of the Terms and Conditions.

8. For more information
Sabiedrība ar ierobežotu atbildību “Qfer”
Registration number: 40103840954
Address: 9-41, Plavnieku Street, Riga, LV-1021
For more information please contact us by writing to the following address: info@qfer.me

Regulations are approved and enter into force on the 13th of July, 2017.

 

Privacy Policy

This Privacy Policy (“Privacy Policy”) explains how Qfer maintained by SIA “Qfer”, enterprise registered in the Republic of Latvia with registration number: 40103840954, registered address: Riga, Pļavnieku iela 9-41, LV-1021 (“we”, “us”, “our”, “Qfer”), collects and uses information when you interact with Qfer. This Privacy Policy applies to all Users (“User”, “you”, “your”) of Qfer website published at www.qfer.lv, www.qfer.me www.qfer.lt, www.qfer.ru, www.qfer.nl, www.qfer.pt, www.qfer.com.cy and its mobile applications, electronic services, social networking sites branded by Qfer (all collectively “Qfer sites”).
Please read the provisions of this Privacy Policy carefully and do not hesitate to contact us if necessary.

1. User’s consent
By registering on Qfer and agreeing to applicability of this Privacy Policy, User gives consent to process User’s personal data in the amount and order described herein.
User is informed and agrees, that Qfer will send to the User promotional mailings, offers, commercial information and other mailings. At the moment of receiving of each such deliveries mentioned in this section User is entitled to refuse from receiving further advertising, offers, news, etc. messages, except information about system performance improvements.

2. Personal data we may collect
Personal data is information related with identifiable or identified natural person. We may process the following personal data about Users:
(a) Language in which you use Qfer sites;
(b) Name and surname;
(c) Public profile information in Facebook;
(d) Photography;
(e) Physical presence (location);
(f) ID number of your device;
(g) E-mail address;
(h) Mobile phone number;
(i) Type of operating system of your device;
(j) Offer redemption history in Qfer sites;
(k) Browsing history in Qfer sites;
(l) Invited User’s statistics;
(m) Uploads in Qfer sites.

3. How the personal data is collected
We may:
(a) require for personal information when you register, subscribe, create an account, or otherwise interact with the Qfer sites;
(b) receive additional Personal information from third parties;
(c) collect information about your physical presence, Offer redemption history, browsing history and uploads in Qfer sites when you use Offers in Qfer sites through your mobile phone or device you use for Qfer sites.
Please be informed that if you use a social media platform or any other third-party method of communication to interact with Qfer, that application may have a specific privacy statement that governs the use of personal information related to that application.

4. For what purposes we use your personal information
Your personal data can be used to:
(a) Operate and improve Qfer sites, introduce new functionalities and technology;
(b) Provide Users with Offers based on their interests, personal characteristics, or physical location;
(c) Evaluate eligibility of Users for certain Offers or services;
(d) Analyze Users’ activity by physical locations, browsing history, redemption activity;
(e) Track redemption of offers and perform other analytics;
(f) Provide user support, including to our merchants or business partners;
(g) Verify and check User profile information;
(h) Communicate (via email or push-notifications) and provide additional information that may be of interest to you about Qfer, offers, upcoming changes, improvements, surveys, administrative messages and other notifications;
(i) Provide and send ads, promotional mailings and promotions to you through the Qfer sites, third-party sites, email messages, text messages, push-notifications, applications, or other methods of communication;
(j) Administer surveys, contests, or other promotional activities or events sponsored by us or our partners;
(k) Maintenance of statistics about Users and provision of statistical data to the Service providers for future Offer development and maintenance purpose;
(l) Manage our everyday business needs such as Qfer sites administration, forum management, analytics, fraud prevention, or to comply with the applicable law;
(m) Qfer may also provide you with the opportunity to receive marketing information from Service providers via Qfer sites and, if you select such opportunities, you fully consent to the receipt of such promotional and commercial messages;
(n) Transfer the following User’s personal data to other service providers - name, surname, redemption history - for the analytical and statistical purposes;
(o) Allow you to sign upon Qfer sites using third parties’ services.

5. When and Why Qfer discloses personal information
We may share your personal data as required or permitted by applicable law as described below:
(a) To service providers providing Qfer Offers, but only data related with redemption of an Offer offered by the Service provider, or information related to participation in an Offer, contest or any other activity sponsored or offered through Qfer on behalf of the Service provider;
(b) Qfer’s business partners, advertisers, agencies, including companies under the brand names of Facebook, Onesignal, Branch.io, Google analytics and others. The information is disclosed only in amount necessary to ensure functionality of Qfer sites.
(c) To effect a merger, acquisition, or any other legal activity related with management of Qfer.
By agreeing to this Privacy Policy you consent that your personal information may be disclosed to the persons described under this section and processed for the purposes provided herein. Please be informed that we encourage Qfer business partners and Service providers to adopt and post privacy policies. However, the use of your personal information by such parties is governed by the privacy policies of such parties and is not subject to our control.
We may also disclose information about you that is not personally identifiable or in case required under applicable law and/or required by state or municipal authorities.

6. Changes to this Privacy Policy
We may update this Privacy Policy to clarify our practices or to reflect new or different privacy practices, such as when we add new features to our Qfer sites. Amendments and additions to the Privacy Policy shall enter into legal force after the publication of respective amendments or additions on Qfer. Current version of the Privacy Policy is available on the Qfer webpage.
We encourage you to periodically review this page for the latest information about our privacy practices.
Your continued use of the Qfer sites after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.

7. Your rights and safety of personal data
You have a right to access your personal data processed by us, request amendments or deletion of such data, as well as receive information, as provided under the applicable normative acts.
To exercise your rights, please contact us via the contact details below.
In order to guarantee integrity and security of the collected and processed personal data, as well as to avoid data loss, alteration, and / or unauthorized third-party access, Qfer has implemented the necessary legal and technical solutions.

8. For more information
Sabiedrība ar ierobežotu atbildību “Qfer”
Registration number: 40103840954
Address: 9-41, Plavnieku Street, Riga, LV-1021
For more information about personal data being collected and your access rights please contact us by writing to the following address: info@qfer.me

Regulations are approved and enter into force on the 20th of April, 2017.

 

Cookie policy

When you use Qfer sites, we collect certain information by automated or electronic means, using technologies such as cookies, browser analysis tools, and web server logs. As you use our Qfer sites and applications, your browser and devices communicate with servers operated by us, our business partners and Services providers to coordinate and record the interactivity and fill your requests for services and information.
The information from cookies and related technology is stored in web server logs and also in web cookies kept on your computers or mobile devices, which are then transmitted back to our Qfer sites by your computers or mobile devices. These servers are operated and the cookies managed by us, our business partners or our Service providers.
The following types of information can be collected from cookies and other technologies, which may include:
(a) Functional cookies are used to provide functionalities when using our service, such as the possibility to set preferences (for example, browser language) or to remember your previous activities;
(b) Analytical and statistical cookies are used to optimize our service. For example, we use Google Analytics and other third-party services to optimize the usability of our website and to analyze how you use our website. We track Internet Protocol ("IP") address, browser type, browser version, the pages of our Qfer sites that you visit, the time and date of your visit, the time spent on those pages and other statistics.
(c) Advertisement cookies are used for commercial, remarketing and promotional purposes. With these cookies your internet- and surf behavior can be followed over various domains and websites. Advertisement cookies are often placed by third parties.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of Qfer sites.
For more information about personal data being collected and your access rights please contact us by writing to the following address: info@qfer.me
Sabiedrība ar ierobežotu atbildību “Qfer”
Registration number: 40103840954
Address: 9-41, Plavnieku Street, Riga, LV-1021

Regulations are approved and enter into force on the 20th of April, 2017. 

Terms and Conditions

Merchant Agreement 

“Qfer”, enterprise registered in the Republic of Latvia with registration number: 40103840954, registered address: Riga, Pļavnieku iela 9-41, LV-1021 (“Qfer”, “we”, “us” and “our”) provides you (“Client”, “your” amd “yours”) with a tool to create special offers, stamp cards, marketing campaigns and publish them (all together - “Qfer Services”) on www.qfer.lv, www.qfer.me www.qfer.lt, www.qfer.ru, www.qfer.nl, www.qfer.pt, www.qfer.com.cy and its mobile applications, electronic services, social networking sites branded by Qfer (all collectively “Qfer Sites”), based on the terms and conditions described herein.

This Merchant Agreement (“Merchant Agreement”) form an agreement between you and Qfer, governing the provision of Qfer Services and legal relations between the Qfer and the Client in relation to Qfer Services. This Merchant Agreement applies to all Clients, registered at Qfer sites and having a Client account which allows to use Qfer Services fully or in part.

This Merchant Agreement becomes effective at the moment, when the Client accepts this Merchant Agreement during the registration process on Qfer sites, when creating Client account.

Before using Qfer Services, you as a Client are obliged to get fully acquainted with this Merchant Agreement.

1. Subject of the agreement

1.1. Qfer provides a tool which allows the Client to launch special offers in a form of discount on the goods/ services provided by the Client to its customers, stamp cards which Client’s customers may collect when purchasing Client’s goods/ services and other form of rewards (if allowed by the functionality of the Qfer sites), which will be published on Qfer Sites, and contains the following information: title, description, price, address/es, contact information and photo/os (all together - “Offer”). The Client agrees to pay Qfer a compensation for these services. The amount of payment and terms of payment procedures shall be governed in accordance with this Merchant Agreement.

1.2. Specific details of each Offer, e.g. the specific goods/ service, its description, as well as price and other conditions must to be approved by the Qfer prior to being published on Qfer Sites. Qfer retains a right to deny publishing of the respective Offer if the Offer is not compliant with this Merchant Agreement, or is in breach of applicable normative acts.

1.3. Offer is received by the end customer upon insertion of a code - statement with the unique code used to identify an Offer (“Code”), which gives the users of Qfer mobile apps (“Customers”) the rights to redeem an Offer. This Code is deemed confidential and shall not be disclosed or otherwise made available to other parties, not involved in provision of Client’s service. In any case, disclosure of the Code to the final Customer is considered as gross breach of this Merchant Agreement.

2. Rights and obligations of the parties

2.1.Client confirms that:

2.1.1. it has the authority to enter into this agreement;

2.1.2. It has fully and readily understood all provisions in this Merchant Agreement, as well as fully understands that use of Qfer Sites is associated with legally binding obligations upon the Client.

2.2. Client has the following obligations:

2.2.1. Provide true and complete information upon registration and use a valid e-mail address and payment card that belongs to the Client. Client takes responsibility for the information provided during registration and its correctness;

2.2.2. Immediately inform Qfer about any changes in the information Client has provided to the Qfer including information about Offers, using contact information of the Qfer provided in this Merchant Agreement;

2.2.3. Not to provide Clients password used to access Clients account in Qfer Sites to any third persons, as well as to maintain the password not available to third parties;

2.2.4. Immediately inform Qfer via email in case of a lost Qfer password or in case Code gets disclosed to Customer or if this information comes into possession of third persons;

2.2.5. Ensure disclosure of the Code only to the Clients employees directly related with redemption of the Offer;

2.2.6. Unassisted and constantly / without specific reminders and/or invitations to follow up and get acquainted with any amendments, additions or other changes to this Merchant Agreement.

2.3. Qfer warrants that:

2.3.1. Qfer has the authority to enter into this agreement.

2.4. Qfer has the following rights and obligations

2.4.1. Collect Client’s data and information with a purpose to take the necessary steps in order to ensure and improve content, functionalities and personalisation of Qfer Sites for each Customer;

2.4.2. Send to Client newsletters, advertisement and notifications and any other information at Qfer’s sole discretion. Clients will have an option to unsubscribe from this information;

2.4.3. Upon its own discretion and without explanation of reasons to limit or revoke Client’s rights on Qfer Sites, including changing the information published by the Client on Qfer Sites, or delete the Client’s profile, without allowing the Client to re-register if the Client:

2.4.3.1. Violates this Merchant Agreement;

2.4.3.2. Upon registration on Qfer Sites or during its usage the Client has submitted false, misleading and/or inaccurate information;

2.4.3.3. Knowingly and intentionally gives false information about Qfer on the Internet, in any way offends another person or behaves improperly or in any other manner, which according to Qfer’s assessment could harm Qfer or other persons;

2.4.3.4. In any other way behaves contrary to the Merchant Agreement, acts in bad faith or applicable normative acts.

 

3. Free trial, pricing plans and payment procedures

3.1. Pricing plans

3.1.1. Qfer grants 15-day free trial period for testing of Qfer Services (“Trial Period”). The Trial Period starts from the date the Client has creating Client’s profile on Qfer Sites. Qfer will not charge any amounts for the Qfer Services during the Trial period.

3.1.2. During the Trial Period the Client has to select one of the pricing plans provided by the Qfer. When the Trial Period ends, the Client is charged in accordance with the selected pricing plan for further receiving of Qfer Services.

3.1.3. Prices and pricing plans depend of the registration country of the Client and may differ. The current pricing plan may be found on Qfer webpage.

3.2. Payment procedures

3.2.1. When you provide your payment information to Qfer by adding payment card and submitting other needed information, you are providing Qfer with an authorization to process any and all payments as outlined in this Merchant Agreement, in the amounts indicated in the pricing plan the Client has selected, as well any late payment penalties.

3.2.2. When payment information is added a deposit of minimal price of the cheapest pricing plan may be charged to ensure submitted information is valid. Deposit is not-refundable and will be used to cover part or the whole fee of the next pricing plan payment.

3.2.3. The amount payable by the Client is calculated by Qfer until 5th date of every following calendar month for the previous calendar month. Invoice for the payable amount is then sent to the e-mail address indicated by the Client during the registration process.

3.2.4. Payable amount for receiving of Qfer Services for less than one calendar month is calculated proportionally to the period Qfer Services have been used by the Client (with an accuracy of 1 calendar day). For payment plans where the payable amount is calculated based on the number of locations, the number of active locations is recalculated for each calendar day, e.g. Client pays only for those locations and days on which at least one Offer has been available on the respective location.

3.2.5. Payment period and pricing plans are provided for a calendar month (“Subscription period”). At the end of each Subscription period, unless you select a new pricing plan or you cancel Qfer Services, your pricing plan will automatically renew on a month–to–month basis at the current rates. Current fees will be charged to the payment card unless Client cancels the Qfer Services using Qfer Sites or notifying Qfer by email indicated in this Merchant Agreement. The cancellation shall be done at least 3 (three) business day prior to the termination of the Qfer Services.

3.2.6. It is your responsibility to have sufficient balance and valid payment card to enable the pricing plan fee to be collected. In the event that the pricing plan fee can, for any reason whatsoever, not be collected, Qfer Services will be terminated for you.

3.2.7. If Client has not submitted a payment card information, then after the end of each Subscription period, Client will be issued an electronic invoice for payment of the pricing plan for the previous Subscription period.

3.2.8. Fees must be paid in currency identified on the invoice and within 14 days from the day they were issued.

3.2.9. All pricing plans are non-refundable.

3.2.10. All fees and pricing plans are exclusive of all taxes, levies or duties applicable under any applicable law. Client is solely responsible for the payment of such taxes, levies or duties. Value added tax (VAT) may be added to the invoice if applicable.

3.2.11. For each delayed payment (wholly or in part) the Client pays late payment penalty in amount of 1% from the unpaid amount for each day of delay, but not more than 50% from the delayed amount. Payment of late payment penalty does not release the Client from other obligations under this Merchant Agreement.

3.2.12. Qfer reserves the right to amend the fees payable for the Qfer Services at any time upon thirty (30) days’ prior notice to you. However, such amendment to the fees will not be applicable until the beginning of the next Subscription period.

4. USAGE OF QFER PLATFORM

4.1. Client is responsible for preparing content of the Offer, which includes description of the Client’s goods/ services, price, appropriate photos illustrating the provided goods/ services, information about the Client and other information needed. After preparation of the Qffer, the Offer is submitted to the Qfer using Client’s account on Qfer Sites.

4.2. After receiving information about the Offer, Qfer verifies the Offer and retains the right to change the information provided about the Offer, without changing the substance of the goods/ services being provided by the Offer. Afterwards the Offer is published on Qfer Sites. For these purposes, Qfer has the right to use Client’s logo and other information identifying the Client.

4.3. After the Offer has been verified by the Qfer, the Client is prohibited from changing the important details of the Offer, such as, but not limited to, price, goods/ service being provided and their quality, without obtaining prior confirmation from the Qfer.

4.4. Client undertakes to provide goods/ services in a quality, amount and price indicated in the Offer, which is published on Qfer Sites.

4.5. Client is responsible to ensure availability of the Offer and is solely responsible for redeeming any Offer customer of Qfer Sites obtains. Qfer bears no liability if the Client refuses or fails to redeem an Offer or if the Offer does not match the quality criteria Customer can expect from the description provided in Qfer Sites.

4.6. Client undertakes to organize training and provide information for its employees about the Offers, their redemption, usage of Code and ensures that Client’s employees may fully provide redemption of Offer using Qfer mobile apps.

4.7. As long as Qfer Services are being provided to the Client, the Client shall not sell Offers to its Customers without inserting the Code in the Customer’s mobile phone or tablet and activating the Offer.

4.8. Client shall remain at all times solely responsible for the full functionality, accuracy, reliability, integrity, quality or validity of all Offers published by Client. Client represents and warrants that no Offer infringes the intellectual property rights or moral rights or any third party. Client shall remain solely liable for any Offers, its content including text and photos and other marketing activities provided by Client and offered to users of Qfer sites.

4.9. Offers may be applied only to the applicable goods/ services sold by the Client.

4.10. Providing Offers that include alcoholic beverages is at the sole discretion of the Client and is subject to compliance with applicable law.

4.11. Qfer reserves the right, at its sole discretion, to remove any Offer that violates this Merchant Agreement or is in breach of applicable normative acts at any time, without prior notice.

5. Intellectual property

5.1. Qfer grants Client a limited, non-transferable, non-exclusive, revocable license to access and use Qfer Services for internal business purposes so long as Client’s account at Qfer remains active.

5.2. Qfer does not claim ownership of Offers. However, Client grants Qfer a non-exclusive, royalty-free, worldwide license of all rights to use, edit, modify, include, incorporate, adapt, record and reproduce Offers for the purposes of this Merchant Agreement, including the right to exercise this license through independent contractors.

5.3. Qfer sites and its parts, including, but not limited to graphic interface, logos, photos, source code, software, as well as the associated software, this Merchant Agreement and other objects of Qfer are intellectual property of Qfer and are protected by the intellectual property rights of Qfer.

6. Privacy Policy

6.1. Qfer will provide Client with certain specified data regarding users of Qfer mobile applications, including name, surname, redemption history (“User data”) for the analytical and statistical purposes. Client agrees that it shall at all times comply with Qfer’s Privacy Policy, all applicable laws, rules, regulations and not to disclose or copy User data without the consent of Qfer.

6.2. Qfer may collect and process Personal data about the Client when you create an account on Qfer sites or during usage of Qfer Services. Such data includes language in which you use Qfer sites, name, surname, e-mail addresses, mobile phone numbers, activity and browsing history in Qfer sites, uploads in Qfer sites.

6.3. The Client ensures that is has lawful ground for processing – submitting personal data to the Qfer, and granting Qfer the right to process personal data in a manner described herein.

6.4. Qfer may use personal information provided by the Client to:

6.4.1. Operate and improve Qfer sites, introduce new functionalities and technology;

6.4.2. Communicate via email and other communication channels and provide additional information that may be of interest to you about Qfer, offers, upcoming changes, improvements, surveys, administrative messages and other notifications;

6.4.3. Manage Qfer’s everyday business needs such as administration of Qfer sites, forum management, analytics, fraud prevention, or to comply with the applicable law;

6.5. Qfer may disclose collected personal information to Qfer’s business partners, advertisers, agencies, including companies under the brand names of Facebook, Onesignal, Branch.io, Google analytics and others. The information is disclosed only in amount necessary to ensure functionality of Qfer sites.

6.6. Qfer may disclose personal information to effect a merger, acquisition, or any other legal activity related with management of Qfer. We may also disclose information about Clients that is not personally identifiable or in case required under applicable law and/or required by state or municipal authorities.

6.7. Client agrees that Qfer may publicly disclose that it is providing Qfer services to Client and may use Client’s name and logo to identify Client in promotional materials, including press releases.

6.8. By agreeing to this Privacy Policy you consent that your personal information may be disclosed to the persons described under this section and processed for the purposes provided herein.

7. Other provisions

7.1. Qfer has right to unilaterally amend and revise this Merchant Agreement, including to suspend Qfer’s existence. Each revised version shall be dated and posted on the Qfer webpage. If Client does not agree with the Merchant Agreement, Client should not or no longer access or use the Qfer Services. By continuing to use the Qfer Services, Client accepts any changes made to the Merchant Agreement.

7.2. Amendments and additions to the Merchant Agreement shall enter into legal force after the publication of respective amendments or additions on Qfer webpage. Current version of the Merchant Agreement is available on the Qfer webpage.

7.3. Legal relations arising from the use of Qfer Services are subject to laws of the Republic of Latvia.

7.4. Disputes arising from use of Qfer Services, Qfer and the Client have to be solved through mutual negotiations. If no agreement can be found, the dispute shall be settled by courts of general jurisdiction of the Republic of Latvia.

7.5. In case, when any provision of this Merchant Agreement becomes unenforceable or invalid because of conflict with the law, it does not affect the rest of the provisions.

8. For more information

Sabiedrība ar ierobežotu atbildību “Qfer”

Registration number: 40103840954

Address: 9-41, Plavnieku Street, Riga, LV-1021

For more information please contact us by writing to the following address: info@qfer.me

 

Regulations are approved and enter into force on the 20th of April, 2017.