TERMS OF USE

EFFECTIVE DATE: April 30, 2022

This Agreement governs your use of QiDZ booking platform and constitutes a legally-binding agreement between each user (“you” or “your”) and QIDZ LLC (“we,” “us,” “our,” or the “Company”; collectively with “you” or “your,” the “parties”). By simply accessing or using QiDZ booking platform, including just browsing our Site, you are agreeing to our Terms, so please read carefully! If you do not agree to these Terms or any other policies, including our Privacy Policy, do not access or use our site. If you have any questions about this Agreement please contact us at hello@qidz.com.

PLEASE NOTE THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRE YOU TO ARBITRATE ALL DISPUTES YOU HAVE WITH US ON AN INDIVIDUAL BASIS.

Using Qidz booking platform

Acceptance

By using (or even just browsing) our Site, or uploading data or information to QiDZ booking platform (“Content”), you’re agreeing to the Terms and our associated Privacy Policy. If you don’t agree with the Terms, please refrain from using our Platform.

Eligibility

We only permit individuals who are at least 18 years old and can form legally binding contracts with us to use our platform. If you are under 18 years old and would like to use QIDZ booking platform, you can, but only if a parent or legal guardian who is at least 18 years old supervises you. In all cases, the adult would be the user and is responsible for any and all activity.

By using our platform, you represent and warrant that you meet all eligibility requirements outlined in these Terms. We reserve the right to refuse to let certain companies access or use QiDZ Booking Platform and the right to change our eligibility criteria.

Providers

If you plan to use QiDZ booking platform for any commercial purposes, i.e. if you are an independent provider of children’s classes and activities, a venue, or other third party (individually a “Provider,” collectively the “Providers”) your use of the Platform is subject to our Business Terms of Service[JE1] .

Your Privacy

We know your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is used when you use our Platform, and it’s also a part of our Terms, so please carefully read it at [JE2] .

Protected Materials

It has taken a significant effort to build QiDZ Booking platform and it contains copyrighted material, trademarks, and other similar proprietary information provided by or through us, our employees, agents, or other (defined below) (collectively, “Proprietary Information”). Our Proprietary Information is protected by copyright law, registered and unregistered trademarks, database rights, and other intellectual property rights. Unless otherwise provided, we exclusively own all Proprietary Information and your use of our platform does not grant you any right, title, or interest in the Platform.

Your Use of QiDZ Booking platform

Subject to your strict compliance with these Terms, we grant you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to use the QiDZ Booking Platform to add your Activities.

The above license is conditional upon your strict compliance with these Terms at any and all times during your use of our platform and the common sense ground rules outlined below.

Don’t Steal from Us

You agree not to “crawl,” “scrape,” or “spider” QiDZ Booking platform or to reverse engineer or attempt to obtain our source code or data.

Don’t Try to Harm Our Systems

You agree not to distribute any virus or other harmful computer code through QIDZ Booking platform, including viruses, Trojan horses, spyware, adware, malware, bots, time bombs, worms, or other harmful or malicious components, which or might overburden, impair or disrupt our platform or servers or networks forming part of, or connected to, QiDZ, or which does or might restrict or inhibit any other user's use and enjoyment of QiDZ Booking Platform.

Don’t Alter Legal Notices

You agree not to alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Platform or any Content appearing on the Platform (other than your Content).

Termination

We may terminate or suspend your account and your access to QiDZ Booking platform at any time, for any reason, without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Platform. QiDZ may refuse to allow anyone to use the Platform, at any time, for any reason.

If we terminate your account, you must immediately stop using QiDZ Booking platform and you agree not to attempt to regain access to our Platform without our express permission. Such termination will result in the suspension or deletion of your account and access to your account. In the event of termination of your account, the provisions of this Agreement shall remain in effect.

If you terminate your account, or if we terminate your account, you may lose any information associated with your account, including your Content.

We May Discontinue QiDZ Booking platform

We reserve the right to change, suspend, or discontinue QiDZ Booking platform at any time, for any reason. We will not be liable to you for the effect that any changes to the Platform may have on you and you may not be able to recover any Content that you posted to QIDZ Booking platform.

Warranty and Limitations of Liability

You release us from all liability related to your use of QiDZ Booking platform, including any liability resulting from Activities or any content posted on your QiDZ account. We make no representations concerning any content contained in or accessed through our Platform and will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through QiDZ Booking platform by our users or Providers.

Warranties

YOU UNDERSTAND AND AGREE THAT USING QIDZ BOOKING PLATFORM IS AT YOUR SOLE RISK AND WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO QIDZ BOOKING PLATFORM, THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIALS PUBLISHED ON THE PLATFORM, INCLUDING ANY INFORMATION OR MATERIALS RELATED TO ACTIVITIES OR PROVIDERS OR ANY OTHER SOFTWARE REFERENCED IN THIS AGREEMENT, ALL OF WHICH ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, COMPLETENESS, SECURITY, COMPATIBILITY, RELIABILITY, OR OTHERWISE, WITH RESPECT TO ALL SUCH SOFTWARE.

WE DO NOT AND OUR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, SERVANTS, COUNSEL, EMPLOYEES, CONSULTANTS, AND OTHER PERSONNEL AUTHORIZED TO ACT, ACTING, OR PURPORTING TO ACT ON OUR BEHALF (THE “QIDZ PARTIES”) DO NOT WARRANT THAT QIDZ WILL BE ERROR-FREE OR THAT DEFECTS WITH QIDZ BOOKING PLATFORM WILL BE CORRECTED. MOREOVER, YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND ANY THIRD-PARTY SOFTWARE ON QIDZ BOOKING PLATFORM IS AT YOUR OWN RISK.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY), OR OTHERWISE, EVEN IF QIDZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

OUR LIABILITY TO YOU IS LIMITED TO $50 OR THE AMOUNTS, IF ANY, PAID BY YOU TO US UNDER THIS AGREEMENT IN THE THREE MONTHS IMMEDIATELY PRIOR TO THE EVENT FIRST GIVING RISE TO THE CLAIM, WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY.

Indemnification and Release

You understand that we are not a Provider and any Activities listed on QIDZ are operated and delivered by the respective Providers. Although we hope Providers only offer the highest quality Activities, we are not responsible for the quality, substance, or performance of any of the Activities listed on the Platform.

Arbitration and Waiver of Class Action

Agreement to Arbitrate

You agree to arbitrate any dispute with us arising from this Agreement or your use of QIDZ Booking platform on an individual basis in an arbitration. That means you cannot sue us in court or have a trial by jury. Any disputes will be resolved individually in a private proceeding.

Format for Arbitration

The parties agree that: (i) any arbitration will occur in the United Arab Emirates and (ii) the arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the United Arab Emirates government.

Other Provisions

THE PREVAILING PARTY IN ANY ACTION OR PROCEEDING TO ENFORCE THESE TERMS SHALL BE ENTITLED TO COSTS AND ATTORNEYS’ FEES. THE ARBITRAL DECISION MAY BE ENFORCED IN ANY COURT.

Notice

We may provide you with notices, including those regarding changes to this Agreement. Such notices may not be received if you violate this Agreement by accessing QIDZ Booking Platform in an unauthorized manner. You acknowledge that under this Agreement by using QIDZ Booking platform you are deemed to have received any and all notices that would have been delivered had you accessed QiDZ Booking platform in an authorized manner.

Notification Procedures and Changes to These Terms

We reserve the right to revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. We also reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. By continuing to access or use the Platform after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using QiDZ Booking platform.

Force Majeure

We will not be held liable for any delays, failure in performance, or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including, but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike, or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, or other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.

No Waiver

Our failure to exercise or delay in exercising any right, power, or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof.

Severability

If any provision or term of this Agreement shall be determined to be invalid, void, or unenforceable under any rule, law, or regulation or any governmental agency, such provision will be changed and interpreted to accomplish the objectives of the term or provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.

Assignment

You agree that we may assign any of our rights, and/or transfer, sub-contract, or delegate any of our obligations, under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.

Entire Agreement

This Agreement sets forth the entire understanding and agreement as to the subject matter hereof, and supersedes any and all prior discussions, agreements, and understandings of any kind (including, without limitation, any prior versions of this Agreement), and every nature between us. Except as provided for above, any modification to this Agreement must be in writing and must be signed by both parties.

Headings

All headings and titles in these Terms are inserted only as a matter of convenience, and in no way define, limit, extend or interpret the scope of these Terms or of any particular paragraph of section thereof.

Questions?

We’d be happy to answer them. Feel free to send us an email:

Email: hello@qidz.com

EFFECTIVE DATE: April 30, 2022