TERMS AND CONDITIONS FOR USING QEMPO.COM WEBSITE
Your sign-up, access and/or use of the contents and/or the services rendered by the Website grant you the user condition of the Website (hereinafter, “User”, and it includes the terms “User” and “You” in singular and the term “Users” in plural) and involves that you wholly accept without limitation any and all provisions set forth in these Terms and Conditions in the version posted by Qempo when You access to the Website to sign-up, access and/or use its contents and/or services.
Therefore, you represent to acknowledge and accept that you undertake to read fully these Terms and Conditions every time where the contents and/or the services of the Website are proposed to be accessed and/or used and these Terms and Conditions may be subject to any amendment upon Qempo sole discretion without requiring a prior notice upon it is posted in the Website.
IF YOU DISAGREE WITH THESE TERMS AND CONDITIONS WHICH ARE MANDATORY AND BINDING FOR YOU, YOU SHALL STOP YOUR SIGN-IN PROCESS IN THE WEBSITE OR, IF YOU HAVE ALREADY MADE IT, YOU SHALL PREVENT FROM ACCESSING OR USING THEREOF, ITS CONTENTS AND/OR ITS SERVICES.
1. QEMPO AND THE WEBSITE
By the Website, Qempo enables interaction of persons willing to purchase products marketed in different territories other than cities where they are located (hereinafter, "Purchaser" or "Purchasers"), with persons willing to buy, receive, transport or submit them to Purchasers in exchange of an economic consideration agreed in advance (hereinafter, "Traveler"or "Travelers").
Users may act as Purchasers and/or Travelers in their account in the Website.
2. SIGN-UP, ACCESS AND USE CONDITIONS OF THE WEBSITE
2.1 Legal Capacity
The Website use is available for persons with legal capacity to contract. To sign up, access and use the Website, User shall have, at least, eighteen (18) years old.
2.2 User Sign-up and Sign-In
Upon signing up to use the Website, User shall provide Qempo the required information and shall choose a password for his account. When the stated data are submitted, User shall be addressed to his account within the Website.
User shall ensure that email address provided shall be valid and shall continue as valid during the term of this agreement because all notices from Qempo to User out of the Website shall be submitted to email address used to sign up to Website.
User undertakes to provide correct and complete information when signing up in the Website by linking his profile of social network located at the URLhttp://www.facebook.com (hereinafter, "Facebook") to his Qempo account. Furthermore, User expressly authorizes Qempo to post and submit messages in his name by Facebook.
Personal data obtained by User sign-up shall be included in a database owned by Qempo (hereinafter, the “Database”). Database shall be governed by conditions stated in Privacy and Personal Data Protection Policy.
User is liable for keeping confidentiality of his sign-in and password data, as well as to prevent from intrusions to systems of computer and/or mobile phone devices used to access to the Website and/or Service. For this purpose, User shall be deemed sole liable for actions and activities made under his sign-in data and/or password used to access and/or use the Website. User undertakes to not disclose, whether directly or indirectly, his password to third parties under no circumstance and/or reason, as well as to prohibit third parties from using his sign-in data and/or password.
If User losses his user name and/or password, or if User deems this information is endangered in any way, and/or if User suspects that his account has been used by non-authorized third parties, User undertakes to change his password immediately and to inform Qempo, as soon as possible, by sending an email to [email protected].
2.3 Information Truthfulness
All information provided by User to Qempo shall be true. For this purpose, User warrants the authenticity of those data submitted to Qempo during his sign-up and use of the Website.
Qempo does not control, monitor, review nor validate information provided by Users during sign-up process in the Website, nor during their stay therein, so that it is assumed in good faith that all information provided by Users is correct, complete, lawful and convenient to these Terms and Conditions, law, morals and good habits.
User represents that Qempo shall not be liable for any damage and/or harm suffered by User and/or any other person due to misrepresentation, errors, defects and/or omissions in the information provided by any of the Users in the Website and/or by the use of the Website.
Furthermore, Qempo reserves the right to suspend and/or cancel User account from the Website, as well as to inform corresponding governmental authorities if it is aware that false and/or inaccurate data and/or information is included as well as in any alleged case of identity theft in the Website.
2.4 Liability to Use Properly the Website
Each User may have only one (01) account in the Website and is prohibited from creating more accounts with different emails or faking, amending or altering his personal data in any way. If Qempo is aware that a User has more than one (01) account, Qempo may, upon its sole discretion, (i) keep active the first account that User has created and void other accounts, without requiring prior notice to User for this purpose; and/or (ii) cancel all User accounts including, in both cases, annulment of any order, purchase order and/or request generally, upon its sole discretion, and the User shall not have right to any payment nor reimbursement.
User undertakes to access to the Website and to use the Service in good faith, pursuant to law and according to these Terms and Conditions. In this regard, User:
- i) Shall not share, market, exchange, sell, purchase nor distribute sign-in data and/or passwords to access and/or use the Webpage and/or the Service.
- ii) Shall not use any language, which upon Qempo sole discretion, may be deemed unlawful, intimidating, excessive, obscene, harmful, slanderous, rude, stalking, detestable, racist and/or reprehensible, nor any language which may be deemed inappropriate and/or contrary to morals and good habits when communicating with Qempo staff, any Traveler and/or any Purchaser in the Website.
- iii) Shall not use the Website and/or the Service offered by Qempo for inappropriate and/or unlawful purposes.
- iv) Shall not provide links to any website containing undue and/or unlawful material and/or damaging and/or impairing Qempo computer systems.
- v) Shall not take undue advantage of any problem and/or failure in operation, design and/or efficiency of the Website and/or the Service. User shall not inform, directly nor indirectly, this problem and/or failure to third parties.
- vi) Shall not inform any personal data, private, sensitive nor personal information from any other User and/or third parties by the Website, in no manner and under no circumstances.
- vii) Shall not use, create nor provide any simulation and/or fraudulent copy of the Website and/or Qempo servers and/or related persons.
- viii) Shall not attempt to interfere, make reverse engineer and/or decode any transmission of the servers from Qempo and/or its related persons and/or the Webpage.
- ix) Shall not infringe any industrial and/or intellectual property rights from Qempo, its related persons nor third parties. User shall not load, transmit and/or inform in the Website, nor by the Website, materials protected by intellectual property rights unless User has required authorization to make these actions provided by the corresponding owners of intellectual property rights.
- x) Shall not interfere with capacity and freedom from other Users to access and/or use the Website and/or the Service.
The failure of User to comply with any of the aforementioned listed conditions or other conditions contained in these Terms and Conditions shall grant Qempo the option to suspend and/or cancel definitely the infringing User account, and if Qempo deems convenient, Qempo may prosecute the stated facts before the corresponding authorities.
2.5 Suspension and Cancellation of Users
Qempo may issue warnings, provisional suspensions, and final cancellations to Users at any time, without cause nor reason, which shall not be solely conditioned to those Users infringing these Terms and Conditions and/or any notices, regulations for use and/or instructions informed by Qempo to Users.
In this regard, Qempo reserves the criterion related to when, to whom and how to impose warnings, penalties and/or disciplinary measures. The importance of a breach and the number of events are taken into account in decisions, notwithstanding the actions, which Qempo shall decide to implement upon its sole discretion.
3. PRODUCTS, ORDERS, PURCHASERS AND TRAVELERS
3.1 Purchaser and Traveler
User shall be deemed Purchaser when, by the Webpage, Purchaser posts his purchase intention, including the URL of the specific product (hereinafter, the "Product") to be purchased in a certain online store (hereinafter, the "Store"), so that a Traveler may purchase, receive or collect, transport and deliver or submit to Purchaser (hereinafter, the"Traveler Service").
User shall be deemed Traveler when, by the Webpage, Traveler posts his trip and he states his availability to purchase and receive the Product in his boarding city (hereinafter, the "Boarding City"), to transport and deliver or submit it to the city where the Purchaser is located (hereinafter, the "Destination City").
Purchaser and Traveler acknowledge that, when contacting and agreeing the corresponding payment for acquiring, receiving, transporting and delivering the Product, both have freely acted by free will and are liable for complying with the agreement of both parties, and Qempo is held harmless from any error, breach, damage and/or offense which may be committed in/or out the Website by Purchaser, Traveler and/or any other third party, whether related or not related to them.
By the Website, Purchaser shall inform Qempo Traveler group about his interest in acquiring the Product by completing the data required by Qempo (hereinafter, the "Order").
Purchaser shall state the URL related to the Product in the Website. Purchaser shall be prevented from making non-specified, general or those orders which are identified, but not attached by the corresponding URL.
Traveler undertakes to acquire the Product by the URL provided by Purchaser using the Website. Traveler shall be prevented from acquiring the Product from a supplier different from the one selected by Purchaser.
Travelers willing to render the Traveler Service for transporting the Product stated in the Order may make proposals to Purchaser (hereinafter, the "Traveler Service Proposal” or the "Traveler Service Proposals") and the corresponding consideration to render this service is determined (hereinafter, the "Traveler Consideration").
For each Order posted in the Website, Qempo shall inform to Traveler a proposed amount for Traveler Consideration according to the Price, the size and/or weight of the Product (hereinafter, the Proposed Traveler Consideration"). The Proposed Traveler Consideration informed by Qempo shall only be for reference purposes and Traveler and Purchaser may freely agree on Traveler Consideration according to their interests.
Traveler, when representing his availability to render the Traveler Service related to an Order, shall state to Purchaser: (i) the travel date from the Boarding City; (ii) the arrival date to the Destination City; and (iii) the proposed Traveler Consideration.
3.2 The Product
Qempo may make available to User in the Website links, banners and/or other means referring Users to websites owned and/or managed by third parties (hereinafter, the "Linked Sites").
Purchaser represents that Traveler shall be solely liable for purchasing the Product from the URL provided by Purchaser for these purposes, and Purchaser shall be solely liable for checking integrity, accuracy and suitability of the Product when it is delivered by Traveler.
Purchaser undertakes to refrain from posting purchase and transport requests of unlawful items, contravening intellectual property rules, requiring permits and/or special permits to be imported and or nationally and/or internationally transported, weapons, drugs, explosives, munitions, products classified as cosmetics, medicines, prepared food, seeds, plants, flowers, animals, organs, toxic substances, dangerous goods, items whose possession involve any kind of risk, prohibited and/or restricted items by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), ADR (European Agreement Concerning the International Carriage of Dangerous Goods by Road), or any other relevant organization; and/or in any of the origin, transit and/or destination country of Traveler and/or the Product. Furthermore, Traveler undertakes to not acquire nor transport the aforementioned items as requested by any Purchaser.
Qempo does not warrant the lawfulness, reliability, availability, usefulness, truthfulness, accuracy, legality, harmlessness, suitability and/or current accuracy of the products offered by the Linked Sites, nor by any third party including without limitation the Product. In this regard, User holds Qempo harmless from any kind of damages arising from acquiring, possessing, transmitting, transporting, distributing, handling, storing, making available, submitting, receiving, obtaining, accessing and/or using the Product.
3.3 The Order, Traveler Service Proposal and Purchase Order
The Order shall state (i) the specific URL of the Product including the description of the Product, its color and the amount of the Products to be acquired, if it is more than one; (ii) the purchase price of the Product in the Store; (iii) the deadline when Purchaser shall have the Product in the Destination City; and (iv) the place proposed by Traveler for delivering the Product (hereinafter, the Delivery Point").
When the Purchaser has received one or more Traveler Service Proposals, Purchaser may choose the one he preferred by the Website. When choosing one Traveler Service Proposal, Qempo shall issue a document whereby data related to the Product, the Traveler Service and other issues deemed relevant by Qempo upon its sole discretion shall be detailed (hereinafter, the Purchase Order").
It shall be stated in the Purchase Order: (i) the specific URL of the Product including the description of the Product, its color and the amount of the Products to be acquired, if it is more than one; (ii) the purchase price of the Product in the Store; (iii) the fee owed to Traveler; (iv) the fee owed to Qempo; (v) the details of import and/or customs formalities related to the Product (vi) the cost of import and/or customs formalities; (vii) the date, time and Delivery Point of the Product to Purchaser.
The Purchase Order shall be accepted by Purchaser and Traveler as a condition for its effectiveness and enforceability. The acceptance of the Purchase Order shall be evidenced by the payment of the amount stated in the referred Purchase Order made by Purchaser. If Purchaser pays less than the amount stated in the Purchase Order, Purchase Order shall be deemed not accepted and Traveler shall not undertake to render the Traveler Service. In this case, Qempo shall reimburse the amount paid by Purchaser. If Purchaser pays more than the amount stated in the Purchase Order, Purchase Order shall be deemed accepted and Qempo shall reimburse the amount paid in excess to Purchaser.
In case the Product stated in the URL provided by Purchaser is no longer available, Traveler shall inform to Purchaser, who shall have the option to (i) cancel the Purchase Order; or (ii) state a new URL to Traveler.
If Traveler is willing to accept to change the URL, Purchaser shall issue a new Order including the new URL, which shall create a second Purchase Order and upon this time, the first Purchase Order shall not be effective. The amount paid by Purchaser related to the first Purchase Order shall be used as credit to offset the payment obligation related to the second Purchase Order. If the amount to be paid by the second Purchase Order exceeds the amount paid by Purchaser related to the first Purchase Order, Purchaser shall pay Qempo the pending balance to deem accepted the second Purchase Order. If the amount related to the second Purchase Order is less than the amount effectively paid by Purchaser related to the first Purchase Order, Qempo shall reimburse the amount paid in excess to Purchaser.
If the Traveler may not acquire, receive and transport the Product stated in the new URL provided by Purchaser within his travel itinerary, Traveler shall inform to Purchaser as soon as possible. If the aforementioned event occurs, the Purchase Order shall be cancelled and Purchaser nor Traveler do not undertake to pay any amount for any reason to the other party and Qempo shall reimburse the amount paid by Purchaser.
Traveler shall pay, in his account within the Website, a copy of the purchase receipt of the Product by using the specific URL provided by Purchaser. The failure to comply with this obligation shall cause the loss of the right to receive the payment related to the Product.
3.4 Acquiring, Receiving, Transporting and Delivering or Submitting the Product
When the Product is delivered or collected by Traveler, Traveler shall be liable for transporting the Product to the Destination City as well as for making all import formalities according to law and finally transporting to the Delivery Point.
Traveler shall send a message to Purchaser for confirming day, hour and Delivery Point when Traveler arrives to Destination City. Neither Traveler nor Purchaser may unilaterally change the Delivery Point, so that if any of them required to make a change, this change shall be accepted and validated by the other party. If the other party does not accept this change, the Delivery Point stated in the Purchase Order shall be kept.
If Purchaser and Traveler may not deliver the Product within a term of three (03) calendar days after the Traveler has arrived to the city where Purchaser lives, for a cause non- attributable to Purchaser, Qempo shall return the total amount paid by Purchaser in connection with the Purchase Order. In this case, Traveler shall be entitled to return the Product to the store where the Product was acquired, or to keep it for himself, without right to receive any payment by Qempo nor Purchaser.
If Purchaser and Traveler may not deliver the Product within a term of three (03) calendar days after the Traveler has arrived to the city where Purchaser lives, for a cause non- attributable to Traveler, Qempo shall pay the amount of the Purchase Order to Traveler upon filing evidence of communication attempt with Purchaser, and the delivery or submission attempt of the Product in the Delivery Point. In this case, Purchaser shall not be entitled to any reimbursement by Qempo nor Traveler.
When Traveler delivers the Product, Purchaser shall review the Product to evidence that it is in good condition. Otherwise, Purchaser shall evidence this fact, shall not receive the Product, shall take photos of the Product emphasizing in the problems occurred and shall immediately submit the images to Qempo. Qempo shall not be liable for any claim made by User related to the condition of the Product if the Product has been received without taking into account the aforementioned procedure detailed and it shall be specially taken into account that Qempo shall pay the Traveler Consideration to Traveler after receiving the compliance of Purchaser in connection with the Product.
3.5 Means of payment
Purchaser represents and warrants to be the holder of the means of payment used for acquiring the Product and hiring the Traveler Service.
Upon the sole delivery of a claim by person asserting that User has used other means of payment without authorization of the holder and/or with fraud, and/or upon sole discretion of Qempo, Qempo reserves the right to: (i) request User identity validity by additional means upon the sole account creation in Qempo; and/or (ii) cancel any purchase request of the Product and hiring request of the Service.
4. QEMPO INTELLECTUAL PROPERTY
Any kind of marks, trade names and/or distinctive signs on the Website are owned by Qempo, as the case may be and/or by their corresponding holders, and it may not be deemed that the use and/or the access to the Website and/or the Traveler Service shall grant the User any right on the aforementioned marks, trade names and/or distinctive signs. In every cases, the use of marks, trade names and/or distinctive signs from third parties in the Website is only for information purposes for Users of the Website.
Furthermore, the contents and other elements protected by applicable law of intellectual property in the Website are owned by Qempo and/or its corresponding holders, and they may not be deemed licensed and/or assigned in their rights of use, marketing, amendment and/or business development in any manner, to other Users nor in favor of third parties by its loading, posting and/o public communication in the Website. Pursuant to the provisions set forth in these Terms and Conditions, none of the existing rights and/or rights which may arise in the future on these contents and/or other elements protected by applicable law of intellectual property, may be used by User exceeding which is strictly necessary to use correctly the Website and the Service, and always under good faith principles and good use thereof.
User represents to acknowledge and accept that is expressly prohibited from unloading, copying, reproducing, reposting, sending by regular mail, transmitting, storing, selling or distributing copies of Works and/or other intellectual property rights contained in the Website, unless User has a prior written consent from Qempo and/or its related persons and/or the holder of the corresponding right.
Qempo and its related persons are excluded from any liability for any kind of damages arising from infringing distinctive signs or intellectual property rights by Users in the Website and/or by the Traveler Service.
5. EXCLUSION OF WARRANTIES AND LIABILITY
User represents to acknowledge and accept that Qempo does not control the Users, Purchasers, Travelers, the Linked Websites, nor any other webpage different from the Website, and that Qempo does not market, directly nor indirectly, the Products offered to User and/or Purchasers by internet, nor those Products which Travelers may be requested to acquire, receive or collect, transport and deliver by Purchasers.
Qempo makes only available to the Users, Purchasers and Travelers a computer platform enabling communication between persons offering and requesting the Service of Travelers. Therefore, Qempo recommends Users, Purchasers and Travelers to acquire the Product in reliable stores and adopt utmost care and safety measures which may be possible to safeguard their personal and property integrity including without limitation to purchase only the Product in reliable stores, coordinate the delivery of the Product in busy public places and provide minimum personal data required to render the Traveler Service.
Although Qempo regularly monitors the absence of virus and other malware elements in the Website, User represents to acknowledge and accept that, even if a computer intrusion occurs, User may be affected by alterations in his computer system (software and hardware) and/or in his electronic files and/or files stored in his computer system and/or by intercepting information and/or personal data submitted by the Users, Purchasers, Travelers by any means, including but not limited to the Website. User undertakes to access to the Website provided that User shall have suitable and updated antivirus software and antispyware in any device which is used to access to the Website.
You hold Qempo and its related persons, shareholders, Directors, Managers, employees and suppliers harmless from committing offenses, misdemeanors, damages and/or harms of any nature, which may be caused by (i) the existence of virus and/or any other malware element in general which may cause alterations in computer system, electronic documents and/or files from the Users; and/or (ii) any act made by willful misconduct and/or negligence by any User, Purchaser, Traveler, and/or any other person in general by using the Website and/or the information and/or the personal data entered and/or transmitted among the Users, Purchasers and/or Travelers by the Website; and/or (iii) transmission, transport, distribution, storage, making available, receipt, obtaining, access and/or use of the Product.
Link and submission to the Linked Sites, under no circumstance, shall be deemed as a warranty offered by Qempo, nor in connection with the Linked Sites, nor in connection with the products offered by the Linked Sites. To include the Linked Services in Qempo is only for reference purposes. You represent to acknowledge and accept that you shall be solely liable for checking truthfulness, lawfulness and reliability of the URL of the Linked Sites and of any store whereby the Users, Purchasers and Travelers decide to purchase the Products and you waive to any legal, court or out-of-court action whereby you attempt to attribute any kind of liability under any form to Qempo.
User represents to acknowledge and accept that any purchase made by Internet has a risk of computer intrusion and non-authorized collection of personal data and/or means of payment used by User within rendering the Service. Qempo shall make reasonable efforts to reduce these risks, but Qempo shall not be liable for committing interceptions and/or computer intrusions to the detriment of Qempo and/or User.
Qempo shall not be liable for lawfulness, reliability, truthfulness, appropriateness, importance, harmlessness nor suitability of the Product obtained by the Purchaser by the Traveler Service, nor any other product offered by Linked Sites and/or by any other store whereby Purchaser and/or Traveler may decide to purchase the Product.
6. SYSTEM REQUIREMENTS
When using the Website and/or the Service, User accepts that hardware, software and access to Internet used by the User play an important role in his browsing experience. In this regard, User accept that Qempo shall not be liable for any hardware, software and/or access to Internet defect by the User and/or by Qempo, nor for any computer intrusion and/or by providing malware, and, therefore, User holds Qempo harmless from these situations.
User is sole and exclusively liable for expenses related to Internet connection, as well as for all software and hardware required for this purpose, its review, safety, repair and/or correction and/or any other cost and/or expense for operating, maintaining and protecting thereof.
Qempo reserves the right to verify the computer software version used by User to access the Website and/or the Service to inform User if it is required to install and/or to update certain program to access and/or improve his access thereto, but this may not be deemed a Qempo obligation under no case.
7. SERVER CUTOFFS
User represents to know that there may be maintenance periods for server of the Website, as well as maintenance periods for the Website itself. Qempo shall make his best efforts to limit the server idle period and shall not be liable for any damage suffered by User as consequence of maintenance or other idle periods of the Website, regardless the cause, even if it is under the control of Qempo. User agrees to hold Qempo harmless from any damage suffered including loss of profit, consequential damage and/or further damage which may be caused by those facts, and waives in advance to any legal, administrative, court and out-of-court action related thereto, as well as to the terms to file them.
Qempo shall not be liable for any damage or harm suffered by User, whether directly and/or indirectly, by interrupting the access and/or availability of the Website and/or the Service for any reason, including without limitation foreseen or unforeseen causes and/or causes controlled and/or non-controlled by Qempo, such as act of God and/or force majeure, events or natural disasters, failure in telecommunications, power failures, computer attacks and any other kind of possible situations.
Qempo reserves the right to remove and/or amend at any time without further notice, part of the Website and/or the Service, as well as part of these Terms and Conditions, which User represents to have wholly read and accepted as prior condition when he accesses to the Website and/or the rendering of Traveler Service.
9. TERM AND TERMINATION
At the beginning, the Website and the Service have an indefinite term. Notwithstanding the foregoing, Qempo may suspend and/or cancel unilaterally the Website and/or the Service, at any time, without cause and this may not cause any consideration, penalty nor compensation to be paid in favor of Qempo and/or of any User, Purchaser and/or Traveler. When it is reasonably possible, Qempo shall warn User in advance on the Website and/or the Service suspension or cancellation.
10. APPLICABLE LAW AND JURISDICTION
For every matter, which is not set forth herein, these Terms and Conditions are governed by applicable legal rules of the State of Florida, United States of America. Qempo and You expressly waive to any other venue and/or jurisdiction, which may be competent.
11. GENERAL PROVISIONS
If any provision or provisions of the Terms and Conditions are held wholly or in part null and/or unenforceable by any competent court, tribunal and/or administrative body, this nullity or unenforceability shall not affect other provisions not deemed specifically null and/or unenforceable.
To contact Qempo, User shall send an email to [email protected].
Version 1.2 of Privacy and Personal Data Protection Policy in force as of
October 25, 2018.
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