Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Qenek mobile application (the "Service") operated by Qenek ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement ("Infringement") of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of "Copyright Infringement" of [email protected] and include in your notice a detailed description of the alleged Infringement.
In cases where there are conflicting claims to the ownership of Copyright, it is our policy to air on the side of removing materials from our Service.
Complaints under the Copyrights, Designs and Patents Act 1988, and European Commerce Directive 2000
If you wish to make a complaint/request that certain material be taken down, please send a request in writing to our Notice and Takedown Officer.
We, Qenek , are committed to ensuring that the material displayed on our Service is lawful and in accordance with our UK and EU Copyright Law. To help us deal with your complaint as quickly as possible, please include the following information in your correspondence and mark it as "URGENT" and send to Qenek , 186 St Albans Road, Herts, WD24 2AS. Identify the material in question - please include sufficient detail to enable us to identify the material complained of including the reasons for your objection.
We will review each objection on its merits and pending our inquiries, may remove or disable access to the relevant material from our Service.
Where appropriate, you should include information relating to the status of the material in question (i.e. Where you hold a Trademark, or own the Copyright to an image). This will enable us to deal with your request promptly.
You can contact our Notice and Takedown Officer via email at [email protected]
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Qenek and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Qenek.
When you upload content, you give to Qenek a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and Qenek business.
Our Service may contain links to third-party web sites or services that are not owned or controlled by Qenek.
Qenek has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Qenek shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Qenek and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
In no event shall Qenek , nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Qenek its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Qenek ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Qenek or any person for whom Qenek is responsible, and even if Qenek has been advised of the possibility of such loss or damage being incurred.
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
Please refer to our Privacy Policy and Cookies Policy. You agree that they constitute part of these terms. You must read our Privacy Policy and Cookies Policy before you use the Service.
If you have any questions about these Terms, please contact us at [email protected]
All data subjects whose personal data is collected, in line with the requirements of the GDPR.
Qenek Ltd
Our GDPR Owner and data protection representatives can be contacted directly here:
The personal data we would like to collect from/process on you is:
Personal data type: | Source |
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Name/address/phone number/email address and other information registered user choose to share | Registration and use of the Qenek application |
The personal data we collect will be used for the following purposes :
Our legal basis for processing for the personal data:
Any legitimate interests pursued by us, or third parties we use, are as follows:
The special categories of personal data concerned are:
By consenting to this privacy notice you are giving us permission to process your personal data specifically for the purposes identified.
Consent is required for Qenek Ltd to process both types of personal data, but it must be explicitly given. Where we are asking you for sensitive personal data we will always tell you why and how the information will be used.
You may withdraw consent at any time by email to [email protected]
Qenek Ltd will not pass on your personal data to third parties without first obtaining your consent
Qenek Ltd will process personal data for an indefinite period and will store the personal data for an indefinite period.
At any point while we are in possession of or processing your personal data, you, the data subject, have the following rights:
In the event that you wish to make a complaint about how your personal data is being processed by Qenek Ltd (or any third parties as described in 3.4 above), or how your complaint has been handled, you have the right to lodge a complaint directly with the supervisory authority and Qenek Ltd’s data protection representatives GDPR Owner.
The details for each of these contacts are:
Supervisory authority contact details | |
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Contact Name: | Qenek Ltd |
Email: | [email protected] |
Read more about how and why we use your data here – Terms & Conditions
Personal data
Under the EU’s General Data Protection Regulation (GDPR) personal data is defined as:
"any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person".
How we use your information
This privacy notice tells you how we, Qenek Ltd, will collect and use your personal data for the operation of the Qenek application.
Why does Qenek Ltd need to collect and store personal data?
In order for us to provide you with the Qenek application we need to collect personal data to facilitate the networking of our registerered users. In any event, we are committed to ensuring that the information we collect and use is appropriate for this purpose, and does not constitute an invasion of your privacy.
In terms of being contacted for marketing purposes Qenek Ltd would contact you for additional consent.
Will Qenek Ltd share my personal data with anyone else?
We may pass your personal data on to third-party service providers contracted to Qenek Ltd in the course of dealing with you. Any third parties that we may share your data with are obliged to keep your details securely, and to use them only to fulfil the service they provide you on our behalf . When they no longer need your data to fulfil this service, they will dispose of the details in line with Qenek Ltd’s procedures. If we wish to pass your sensitive personal data onto a third party we will only do so once we have obtained your consent, unless we are legally required to do otherwise.
How will Qenek Ltd use the personal data it collects about me?
Qenek Ltd will process (collect, store and use) the information you provide in a manner compatible with the EU’s General Data Protection Regulation (GDPR). We will endeavour to keep your information accurate and up to date, and not keep it for longer than is necessary. Qenek Ltd is required to retain information in accordance with the law, such as information needed for income tax and audit purposes. How long certain kinds of personal data should be kept may also be governed by specific business-sector requirements and agreed practices. Personal data may be held in addition to these periods depending on individual business needs.
Under what circumstances will Qenek Ltd contact me?
Our aim is not to be intrusive, and we undertake not to ask irrelevant or unnecessary questions. Moreover, the information you provide will be subject to rigorous measures and procedures to minimise the risk of unauthorised access or disclosure.
Can I find out the personal data that the organisation holds about me?
Qenek Ltd at your request, can confirm what information we hold about you and how it is processed. If Qenek Ltd does hold personal data about you, you can request the following information:
What forms of ID will I need to provide in order to access this?
Qenek Ltd accepts the following forms of ID when information on your personal data is requested: Passport / Driving License /other agreed forms of identification
Contact details of the GDPR Owner:
GDPR Owner contact details | |
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Contact Name: | Administration |
Email: | [email protected] |