Terms & Conditions

Quotake App User Terms

These Terms are part of an agreement between you and us and set out your legal rights and obligations concerning the use of the App and associated software and Service. 

PLEASE READ THESE TERMS CAREFULLY


BY USING OUR APP, REGISTERING AN ACCOUNT AND USING THE SERVICE YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE STOP ACCESSING OUR APP AND USING THE SERVICE, AS YOU WILL NOT BE PERMITTED ACCESS.



DEFINITIONS

The following shall have the definition given to it here:


App: means the Quotake application software and any data supplied with the software, and any updates and supplements to it available to download from the applicable Appstore.


Appstore: means a digital distribution platform for computer software including but not limited to the Apple App Store and Google Play Store. 


Documentation: means any related online documentation provided relating to the App via the App.


‘Quotake’,  ‘we’, ‘us’ or ‘our’ means Quotake Limited.


Service: means the service you connect to via the App and the content we provide to you through it.


Terms: means these terms and conditions which may be updated from time to time.


‘User’ or ‘you’: means the person accessing the App.  


Website:  means www.quotake.com and all available pages of this website.


Working Days: means any day on which the clearing banks in the City of London are open for business.


important information


You may only download and use the App and Services if you are 16 years of age or such higher age required in your country to use the App and associated software and Service. If you are under the age of 16 you must have verifiable consent from a parent or guardian.

The App will not function properly if your device is broken or powered off, if the App software is not enabled, if any hardware or software on your device prevents the App from operating as intended or lacks signal or data connectivity. The maintenance of your mobile and computing devices is your responsibility.


You acknowledge that the App and Services have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App and Services meet your requirements.

We only supply the App and Services for domestic and private use. You agree not to use the App and Services for any commercial, business or resale purposes.


Although we make reasonable efforts to update the information on our App, we make no representations, warranties or guarantees, whether express or implied that the content on our App is accurate, complete or up-to-date. You should not plan to do, or refrain from doing, anything in reliance upon the App content without first checking the accuracy of the relevant content by some other means.


The terms of our privacy policy (as may be updated from time to time) are incorporated into these Terms by reference. Additionally, by using the App or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the App; any transmission is at your own risk.  You understand that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.


By using the App or any of the Services, you consent to us collecting and using technical information about your device(s) and related software, hardware for Services that are internet based or wireless to improve our products and to provide any Services to you.


Who we are and what this agreement does

We Quotake Limited, a company registered in England and Wales with company number 12137902 whose registered address is at 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ, hereby grant you a non-exclusive, non-transferable, non-sublicensable licence to use:

  • the App, 

  • the Documentation, and

  • the Service

as permitted in these Terms.  

We may offer you free of charge services with limited functionalities (Free Services) or services against payment of fees made via the applicable App Store (Paid Services).

We may implement new versions and updates of the Paid Services including but not limited to modification to the design, operational method, technical specifications, systems, and other functions of Paid Services at any time in accordance with applicable law.


We may downgrade, limit or otherwise modify Free Services at any time without notice and without liability to you. 

Your privacy

We only use any personal data we collect through your use of the App and the Services in the ways set out in our privacy policy. 

APPSTORES’ TERMS ALSO APPLY

The ways in which you use the App, Documentation and Service may also be controlled by Apple Inc’s rules and policies and Google Inc’s rules and policies (the “APPSTORES TERMS”). The respective APPSTORES’ TERMS will apply instead of these Terms where there are differences between the two.  

Operating system requirements

This App and Service requires as a minimum a mobile telephone device iPhone 6 with operating system iOS 10 or a Samsung Galaxy Alpha (or equivalent) with operating system Android 11.  

Support for the App and how to tell us about problems

Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at 

www.quotake.com.


Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at quotake.com.

How we will communicate with you. If we have to contact you we will do so by email, SMS or by pre-paid post, using the contact details you have provided to us.

How you may use the App, including how many devices you may use it on

In return for your agreeing to comply with these Terms you may:

  • download or stream a copy of the App onto one iPhone 6 or Samsung Galaxy mobile telephone and view, use and display the App and the Service on such devices for your personal purposes only.  

  • use any Documentation to support your permitted use of the App and the Service.

  • provided you comply with these Terms, make one copy of the Documentation for back-up purposes; and

  • receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.

REGISTRATION

  • the User being an individual must be 16 years old or such higher age required in your country to accept these Terms and to register and use the App and Service. If you are under the age of 16 you must have verifiable consent from a parent or guardian.

  • we are giving you personally the right to use the App and the Service as set out above. You may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

  • in order to use the App, every User must register and provide all information necessary to set up an account.

  • Users are responsible for all use of their account, whether by them or a third party.

  • if you feel the security of your account has been compromised you should contact us immediately and we will take all necessary steps with the account to restore security, which may involve the deletion of the account.

  • we may suspend or delete your account at any time if we suspect you are in breach of these Terms.

  • all Users are responsible for the continued accuracy of information on accounts.  Any User suspicious of the accuracy of information on another User’s account should notify us of this.

  • we ask that Users keep their account information up to date to prevent inaccuracy of information, such as their address.

Changes to these terms

We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we introduce. 

We will email you within 30 days once a change has been made to let you know of the change and the reason for it.   You do not need to do anything and continued use of the App and Services will be deemed as your agreement to the changes.  If we have to make a materially adverse change to these Terms or the Service, you have the right to cancel your account. 

If you do not accept the notified changes you will not be permitted to continue to use the App and the Service. 

Update to the App and changes to the Service

From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons. 

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services. 

The App will always work with the current or previous version of the operating system (as it may be updated from time to time).

If someone else owns the device you are using

If you download the App onto any other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not you own the other device. 

We may collect technical data about your device

By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.

We may collect location data (but you can turn location services off)

Certain Services will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. 

You may stop us collecting such data at any time by turning off the location services settings.

We are not responsible for other websites you link to

The App, Documentation or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). 

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them. 

licence restrictions

You agree that you will:

  • not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;

  • not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;

  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these Terms;

  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:

  • is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and

  • is not used to create any software that is substantially similar in its expression to the App;

  • is kept secure; and

  • is used only for the Permitted Objective;

  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

Acceptable use restrictions

You must: 

  • not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;

  • not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);

  • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;

  • not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; 

  • not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

You acknowledge that any material you upload to the App or Service, post or distribute is your sole responsibility and we are not liable for any content thereon.

Intellectual property rights

All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us or our licensors and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these Terms.

LIMITED WARRANTY


Unless otherwise required by any applicable law we provide the App and the Services on an “as is” basis, without warranties or conditions of any kind, either express or implied, including, any warranties or conditions of title, non-infringement, merchantability, or fitness for a particular purpose. You are solely responsible for determining the appropriateness of using the App and assume any risks associated with your exercise of permissions under these Terms.


Some states/jurisdictions do not allow the exclusion of or limitation of implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. 


INDEMNIFICATION

You agree to indemnify and hold Quotake and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable legal fees due to or arising out of your: (a) use of the App; (b) violation of these Terms or any law or regulation; or (c) violation of any right of a third party.

your suggestions

Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to Quotake with respect to the App or the Service shall remain the sole and exclusive property of Quotake.


We shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or compensation to you.


Data Protection 

You warrant that you have the legal right to disclose any personal data to us for the purpose of your use of the App and Services and we shall only process such personal data for the purposes of your use of the App and Services in accordance with the privacy policy.

Our responsibility for loss or damage suffered by you


We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen. We exclude all liability for loss which is not an obvious consequence of our breach of these Terms or failure to use reasonable skill and care or if, at any time you accepted these Terms, neither you nor us knew it may happen.


The provision of the App and the Service may not be uninterrupted or error free. Also, we are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet. You acknowledge that the App and the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.


It is your responsibility to input any requested details into the App accurately. We shall not be liable for any loss or damage caused by you inaccurately providing information to the App.


We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for business losses. We only supply the App (and provide the Services) for domestic and private use. You agree not to use the App (or any Service) for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, loss or damage to goodwill or reputation, loss or corruption of any data, database or software, special, indirect or consequential loss of damage.


To the maximum extent permitted by applicable law, our aggregate liability under or in connection with these Terms (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances not exceed the amount actually paid by you for the App.


Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Limitations to the App and the Services. The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.

Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services as described on the Website meets your requirements.

We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

TERMINATION OF YOUR RIGHTS TO USE THE APP AND THE SERVICES

We may, in our sole discretion at any time and for any or no reason suspend or terminate your rights to use the App and Services with or without prior notice.

We may end your rights to use the App and Services immediately by written notice to you: 

  • if you commit a material or persistent breach of these Terms which you fail to remedy (if the relevant breach is capable of remedy) within 14 days after the service of written notice requiring you to do so;

  • if we discontinue the App and/or Service;

  • if we lose the right to provide the App and/or Service or the provision of it becomes unlawful in any way.

If we end your rights to use the App and Services:

  • you must stop all activities authorised by these Terms, including your use of the App and any Services.

  • you must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.

  • we may remotely access your devices and remove the App from them and cease providing you with access to the Services.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. 

You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

No rights for third parties

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

If a court finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Which laws apply to this contract and where you may bring legal proceedings

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.