Last Updated: 4 October 2022

IMPORTANT LEGAL NOTICE

This page sets out the terms and conditions (“Website Terms”) on which we, QikServe Ltd (“we”, “our” or “QikServe”) provide access to our websites or services through any mobile application, platform or device (collectively, “the Services”).

Please read these Website Terms carefully. Use of the Website and the Services are subject to these Website Terms.

We reserve the right to change these Website Terms from time to time by changing them on this page. We advise you to print a copy of these Website Terms for future reference. These Website Terms are only in the English language.

Use of your personal information submitted via the Website is governed by our Privacy Policy and Cookies Policy.

For the avoidance of doubt, please note that references to “Website” in these Website Terms include any current or future version of our website, any subdomains linked or integrated into the Website and any mobile application through which you access and use our Website, in each case whether accessed through any current or future platform or device (including without limitation any mobile website, mobile application, affiliate website or related website for accessing and using our Website that may be developed from time to time).

By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to order any products through the Website.

1. COMPANY INFORMATION

1.1. Company details: QikServe Ltd is a company incorporated and registered in Scotland with a registered office at Suite 2, Ground Floor Orchard Brae House, 30 Queensferry Road, Edinburgh, United Kingdom, EH4 2HS. Our Company registration number is SC405733. Our VAT number is GB 127 450427. You may contact us at support@qikserve.com, by phone on +44 (0)131 290 2240.

2. LICENCE

2.1. Terms of permitted use: You are permitted to use the Website and print and download extracts from the Website for your own personal non-commercial use on the following basis:

• 2.1.1. You must not misuse the Website (including by hacking or \”scraping\”).
• 2.1.2. Unless otherwise stated, the copyright and other intellectual property rights in the Website and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Website Terms, any use of extracts from the Website other than in accordance with paragraph 2.1 is prohibited.
• 2.1.3. You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 2.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
• 2.1.4. You must ensure that our status as the author of the material on the Website is always acknowledged.
• 2.1.5. You are not allowed to use any of the materials on the Website or the Website itself for commercial purposes without obtaining a licence from us to do so.

2.2. Limitation on use: Except as stated in paragraph 2.1, the Website may not be used, and no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without our prior written permission.

2.3. Reservation of rights: Any rights not expressly granted in these Website Terms are reserved.

3. WEBSITE ACCESS

3.1. Website availability: While we try to ensure the Website is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.

3.2. Suspension of access: Access to the Website may be suspended temporarily at any time and without notice.

3.3. Information security: The transmission of information via the Internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.

4. VISITOR MATERIAL

4.1. General: You agree that you will not upload or transmit to our (or our service providers’) systems or otherwise provide to us any unlawful content (including any content which is defamatory, obscene or abusive, or in breach of or an infringement of intellectual property or privacy rights, or any data protection or confidentiality obligations).

4.2. Disclaimer: You should not rely on our Services for storage or maintenance of information. We may, at any time at our absolute discretion review and remove any content from the Services.

4.3. Liability: You agree to indemnify us against any losses, damages and claims (and all related costs) incurred by or made against us by any third party arising out of or in connection with any breach of any of the agreements or restrictions set forth in this paragraph 4.

5. LINKS TO AND FROM OTHER WEBSITES

5.1. Third party websites: The Webpage and Services may contain links to websites provided by third parties, and we are not responsible for the availability, accuracy or content of third party websites. We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

6. LIABILITY

6.1. General: Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights.

6.2. Exclusion of liability: Subject to clause 6.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if forseeable, arising under or in connection with the Website (including the use, inability to use or the results of use of the Website) for:

• 6.2.1. any loss of profits, sales, business, or revenue;
• 6.2.2. loss or corruption of data, information or software;
• 6.2.3. loss of business opportunity;
• 6.2.4. loss of anticipated savings;
• 6.2.5. loss of goodwill; or
• 6.2.6. any indirect or consequential loss.

6.3. The Services are provided on an as-is and as-available basis. You agree that your use of the Services will be at your sole risk except as expressly set out in these Website Terms. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.

We make no warranties or representations about the accuracy or completeness of the Website’s content and are not liable for any (1) errors or omissions in content: (2) any unauthorised access to or use of our servers and/or any and all personal information stored on our server; (3) any interruption or cessation of transmission to or from the Website or Services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party.

6.4 Limitation of liability: Subject to clauses 6.1 and 6.2, our total liability to you in respect of all other losses arising under or in connection with the Website or your use of it, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £100.

6.5. Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.

7. TERMINATION

7.1. Grounds for termination: We may withdraw the Services at any time at our absolute discretion, including (without limitation) if you breach or we reasonably suspect that you are in breach of any term of this Agreement, r if we cease to offer (or change the way in which we offer) the Services. You will not be entitled to any compensation for such withdrawal, removal, termination or suspension.

7.2. Effect of termination: Following termination or suspension of your access to the Services for any reason, we may retain anonymized data relating to your use of the Services for record keeping, analysis and statistical purposes.

8. WRITTEN COMMUNICATIONS

8.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

9. EVENTS OUTSIDE OUR CONTROL

9.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website Terms that is caused by events outside our reasonable control (“Force Majeure Event”).

9.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

• 9.2.1. strikes, lock-outs or other industrial action;
• 9.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, epidemic or pandemic, war (whether declared or not) or threat or preparation for war;
• 9.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
• 9.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
• 9.2.5. impossibility of the use of public or private telecommunications networks; and
• 9.2.6. the acts, decrees, legislation, regulations or restrictions of any government.

9.3. Our performance under these Website Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Website Terms may be performed despite the Force Majeure Event.

10. ADDITIONAL TERMS

10.1. Privacy Notice: We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Notice.

10.2. Other terms: You should also review our Cookies Policy for information regarding how and why we use cookies to improve the quality of the Website and your use of it. The Privacy Notice and Cookies Policy are incorporated into these Website Terms by this reference.

10.3. Severability: If any of these Website Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

10.4. Entire agreement: These Website Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

10.5. No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.

10.6. Assignment: You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.

10.7. Headings: The headings in these Website Terms are included for convenience only and shall not affect their interpretation.

11. GOVERNING LAW AND JURISDICTION

11.1. These Website Terms shall be governed by and construed in accordance with English law. You can bring legal proceedings in respect of Website Terms in the English courts. If you live in a part of the United Kingdom other than England or any other Member State of the European Union, you can bring legal proceedings in respect of these Website Terms in either the English courts or the courts of your home country.

11.2 As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Website Terms, including the paragraph above, affects your rights as a consumer to rely on such mandatory provisions of local law.