1. Acceptance of terms
This Agreement governs your access to the Qbicles Application (the "Qbicles App") and use of our services as detailed below (the "Services"). Your use of and access to the Services are subject to the Terms. By registering and signing up to use the Qbicles App, you agree that you have read, understood, and accepted to be bound by the Terms. You also accept and agree that you are solely responsible for understanding and complying with all laws, rules and regulations that may be applicable to your use of the application.
"You" and "your" mean the person who uses or accesses the Services. "We," "us," and "our" mean Atoms and its successors, affiliates, and assignees. As used in these Terms, "Qbicles Account" means the account you have with us for the Services.
If you do not agree to all the terms and conditions of these Terms and our Policy, do not use or access the Services.
If you use the Qbicles App in the course of a business or other organizational project, then by so doing you:
- a. confirm that you have obtained the necessary authority to agree to these Terms; and
- b. bind both yourself and the person, company or other legal entity that operates that business or organizational project, to these Terms.
2. Governing language
The governing language of these Terms and all communication between Atoms and you will be in English language.
To register a Qbicles Account and use our Services, you must be at least 18 years old, with full legal capacity to accept these Terms and enter into or initiate any transaction on the Qbicles App. If as a parent or guardian, you become aware that your child or ward has provided us with any information without your consent, please contact us immediately at firstname.lastname@example.org.
Your eligibility to use the Qbicles App also depends on the country you reside in; and it is your responsibility to ensure that you are legally accessing the Qbicles App. Currently, Atoms operates in Nigeria.
4. Our service offering
The Qbicles App allows businesses keep track of their business operations and interact with customers, suppliers and staff, all through an easy-to-use chat interface.
5. Using the Qbicles account
To use the Qbicles Account, you may be required to submit certain information, including but not limited to your name, email address, phone number, and such other information as we may request from time to time (collectively, "User Information"). You may also choose a unique username ("Username").
NOTE that the Username you choose remains the property of Atoms and we reserve all rights to remove or update it at our discretion or request that you change it, such as in instances including but not limited to where the Username chosen is misleading, conflicting, deceptive, inappropriate or illegal.
You represent and warrant that you own the email address or mobile phone number you register with and all information entered or collected in the course of creating your Qbicles Account and any information you subsequently add or update from your settings is true, accurate, current and complete, and you agree not to misrepresent your identity or your User Information. If we approve your registration, you will be authorised to use the Services, subject to these Terms.
For our compliance purposes and in order to provide the Services to you, you hereby authorise us to, directly or through a third-party, obtain, verify, and record information and documentation that helps us verify your identity information. When you register for the Services and from time to time thereafter, we may require you to provide and/or confirm information and documentation that will allow us to identify you, such as:
- a copy of your valid means of identification, such as a passport or driver’s licence;
- a copy of a utility bill, or other bill, dated within three months of our request, with your name and street address on it; and
- such other information and documentation that we may require from time to time.
6. Restrictions on using the services
Your use of the Services must comply with all applicable law. If your use of the Services is prohibited by applicable law, then you are not authorised to use the Services. We are not responsible if you use the Services in any manner that violates applicable law.
You agree not to authorise any other person or entity to use your User Information to access the Services. You are solely responsible for the maintenance, confidentiality, and security of your User Information and you must notify us promptly of any unauthorized use or security breach of your account or our Services. Except as otherwise required by applicable law, you are responsible for all transactions and other activities authorised or performed using your User Information, whether authorised or unauthorised by you. Except as otherwise expressly stated in these Terms or required by applicable law, we are not responsible for any losses arising out of the loss or theft of your user Information or your mobile device or from unauthorised or fraudulent transactions associated with your Qbicles Account.
7. Intellectual property
Unless otherwise noted, the software, source code, text, audio, logos, images and all other content and materials that are used in the delivery of the Services (collectively, "Content") are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by Atoms. You may access the Content for your personal, non-commercial use only. Copying or storing of any Content for other than personal, non-commercial use is expressly prohibited without the prior written permission of Atoms or the rights holder identified in the individual content's proprietary notices including copyright notice. Neither title, rights or interest are transferred to you by use of or access to the Services; rather, all rights, title and interest in and to all aspects of the Services (or the Content) remain the property of Atoms.
Atoms does not own the rights to the images, trademarks and intellectual property of any licensors or any third-parties that are featured on this website. All rights of these images, trademarks and intellectual property belong to their respective owners.
Except as set forth in this Agreement, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this section of the Terms), create derivative works from, distribute, perform, display, reverse engineer, decompile or disassemble, or in any way exploit, any of the Content. Our Content is provided for lawful purposes only.
8. Prohibited uses
You shall not use your Qbicles Account to engage in the following categories of activities ("Prohibited Uses"). The specific types of use listed below are representative, but not exhaustive. If you are not clear on whether or not your use of the Services involves a Prohibited Use, please contact us at email@example.com. By accepting these Terms, you confirm that you shall not use your Qbicles Account for offensive, illegal or unlawful purposes, including but not limited to any of the following:
- Unlawful activity: this includes any activity which violates, or assists in the violation of any law, statute, regulation or sanctions in Nigeria or other country from which you are accessing your Qbicles Account.
- Fraud: this includes any activity which defrauds Atoms or other Qbicles users or any other person; or provides any false, inaccurate or misleading information to Atoms.
- Intellectual property infringement: this involves engaging in any activities that may infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law including but not limited to the use of Atoms’ (or other third party's) intellectual property, name or logo, without express consent or in a manner that otherwise harms the Atoms brand or infringes on Atoms (or other third party’s) intellectual property rights.
- Abuse of other users: this includes any activity which interferes with another user’s access to the Services, including defamation, extorting, abusing, harassing, threatening or violating the rights and privacy of other users.
- Offensive content: this includes language, pictures, logos, or other content which could reasonably be expected to cause another to experience extreme anger, insult, or disrespect. Such content may include but is not limited to content which contains footage of real or simulated violence, criminal activity or accidents, promotes extreme political or religious views or is sexually explicit.
9. Due diligence and audit rights
We reserve the right to perform due diligence checks on all users of the website.
You agree to provide to us all such information, documentation and access to your business premises as we may require:
- in order to verify your identity, adherence to, and performance of, your obligations under these Terms;
- overnmental body; or
- as otherwise required by law or applicable regulation.
10. Warranty disclaimer
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR THIRD-PARTY SERVICE PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE AND OUR THIRD-PARTY SERVICE PROVIDERS MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE OBTAINED BY YOU FROM US OR OUR THIRD-PARTY SERVICE PROVIDERS THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
11. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ATOMS, ITS AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) THE PERFORMANCE OF THE SERVICES OR THE INABILITY TO USE THE SERVICES; (B) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF SUCH PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THESE TERMS, THE SERVICES, OR CONTENT; AND (C) ANY EVENT BEYOND OUR REASONABLE CONTROL.
THE LIMITATION OF LIABILITY WILL EXTEND TO ALL FEATURES ON THE QBICLES APPLICATION.
12. Licenses and authorisation
You hereby grant Atoms a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through the Qbicles App. This right is granted for the purpose of providing our Services effectively. We also grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
13. Breach of the terms
In the event of a breach of these Terms, or a reasonable suspicion that you have breached these Terms in any way, Atoms may:
- temporarily suspend your access to our Services;
- permanently prohibit you from accessing our Services;
- block computers using your IP address from accessing our Services;
- contact any or all of your internet service providers and request that they block your access to our Services;
- remove content or parts of content you have uploaded;
- suspend or delete your account on the Qbicles App; and/or
- commence legal action against you, whether for breach of contract or otherwise.
Where we suspend, prohibit or block your access to all or a part of our Services you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
14. Variation and amendment
Atoms reserves the right to add to or terminate any of the Services or amend these Terms at any time, in our sole discretion, without providing notice to you, subject to applicable law. We reserve the right to deliver to you any notice of changes to existing terms or the addition of new terms by posting an updated version of these Terms on the Qbicles platform or website or delivering notice thereof to you electronically. You are free to decide whether or not to accept a revised version of these Terms, but accepting these Terms, as revised, is required for you to continue accessing or using the Services. If you do not agree to these Terms or any revised version of these Terms, your sole recourse is to terminate your access or use of the Services. Except as otherwise expressly stated by us, your access and use of the Services subsequent to such modification constitutes your acceptance of, the version of these Terms in effect at the time of your access or use.
You may not transfer, assign, or delegate these Terms or your rights or obligations hereunder or your Qbicles Account in any way (by operation of law or otherwise) without our prior written consent. To the extent permitted by applicable law, we may transfer, assign, or delegate these Terms and our rights and obligations hereunder without your consent.
16. Availability of services
You hereby agree that our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We shall not be liable to you where we discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time.
You can terminate your relationship with Atoms anytime for any reason by deleting your Qbicles Account. For instructions on how to do so, please visit www.qbicles.com. We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for us, our users, or others. We may also disable or delete your Qbicles Account if it does not become active after account registration or if it remains inactive for an extended period of time. The provisions of this Terms will survive any termination of your relationship with Atoms.
At our request, you agree to defend, indemnify, and hold harmless, we, and our employees, officers, directors, agents, and third-party service providers, as well as our affiliates and their respective employees, officers, directors, agents, and third-party service providers from and against any and all claims, suits, liabilities, damages (actual and consequential), losses, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising from or in any way related to any third-party claims relating to your use of the Services, violation of these Terms, applicable law or any third-party rights, or your fraud or wilful misconduct. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defences.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall be deemed to be severed from these Terms but shall not affect the validity and enforceability of the other remaining provisions.
20. Force majeure
We shall not be liable for any delay or failure to perform as required by these Terms as a result of any cause or condition including but not limited to, an act of God, epidemic, pandemic, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labour dispute, fire, interruption in telecommunications or internet services or network provider services, failure of equipment and/or software or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
21. Entire agreement
These Terms constitute the entire and sole agreement between You and Us with respect to the Services and supersedes all prior understandings, arrangements, or agreements, whether written or oral, regarding the Services.
22. Governing law
These Terms shall be interpreted and governed in accordance with the Laws of the Federal Republic of Nigeria.
23. Dispute resolution
For any and all controversies, disputes, demands, claims, or causes of action between you and us (including the interpretation and scope of this section) relating to the Services or these Terms, you and we agree to resolve any such controversy, dispute, demand, claim, or cause of action, in the first instance, by an amicable settlement within ten (10) Business Days of either of us notifying the other of the existence of a dispute or claim.
We and you shall use all reasonable endeavours to resolve amicably and in good faith any dispute arising out of or in connection with the Services or these Terms. In the event that we and you are unable to reach a resolution, then such dispute or claim shall be settled by Mediation under the rules applicable at the Lagos Multidoor Courthouse. Mediation shall be conducted at and in line with the Rules of the Lagos State Multi-Door Court House (LMDC). This Clause shall not preclude any party from obtaining interim relief from a court of competent jurisdiction and where Mediation fails, the dispute shall be referred to a court of competent jurisdiction for resolution.
24. Change of control
In the event that Atoms is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
If you have any feedback, questions or complaints, contact us via email at firstname.lastname@example.org. When you contact us, please provide us with the relevant information we need to verify your account.