Qype Terms and Conditions
The Qype terms and conditions refer to your Qype membership. They regulate your rights and obligations when using Qype.
1. Utilisation of your data
Qype collects, saves and uses your data for the sole purpose of service provision. If Qype wishes to use your data for any other purpose it has to secure your express permission in advance (consent). If there is no longer any reason to save your details, such as if you terminate your membership, all your personal data will be deleted.
2. Qype membership
Membership of Qype is free. Individuals can become Qype members from the age of seventeen. Qype membership gives you access to Qype, an interactive review platform. Your Qype membership begins with the activation of your chosen Qype access details.
When you register you are obliged to give Qype full and accurate information about your identity. In the course of your Qype membership this information must be kept current. Your Qype membership is non-transferable.
Qype reserves the right to impose occasional restrictions on the Qype service, within reason, in order to carry out maintenance and development work where necessary to achieve proper or improved operation.
3. Uploading user name, password, pictures
The user name you choose may not contravene existing German law, the rights of any third party, these terms and conditions or the norms of decent behaviour.
You may not have as your user name the name of another individual or any name that is protected by copyright, brand or other protection or any name that harms or may harm the rights of any individual or entity. Vulgar or offensive user names may cause offence to many members and may therefore not be used. We would like to point out that user names that included coded references recognisable to members of extremist groups also contravene these terms and conditions, even if the coded meaning of the user names is not immediately obvious to outsiders.
When submitting a user picture you may not use the picture of another person, or any picture that is protected by copyright, brand or other protection. Vulgar or offensive user pictures may cause offence to many members and may therefore not be used.
As owner of the user name you are responsible for all material submitted under your user name.
Choose a password for your user name. Please take all necessary measures to keep your password secret and to avoid any unauthorised use of your password. If there is reason to suspect that your user name or password is being misused Qype is at liberty to take all necessary measures and to impose the temporary suspension or termination of your membership of or access to Qype.
4. Reviews
As a Qype member you are entitled to write reviews. Qype reserves the right to publish these reviews on the Qype review platform. Qype members have no claim on the publication of their reviews.
When writing a review it is important to refrain from making any insulting comments or stating negative opinions as facts. Derogatory tags are not allowed.
Reviews of companies submitted by related individuals or clients must be presented openly.
Qype reserves the right to exercise preference in terms of the reviews submitted by Qype members. Such preferential treatment will be fully transparent. For example, Qype is entitled to favour reviews from Qype members who write many reviews over those who submit very few reviews to the Qype review platform. The same applies to reviews by Qype members who receive positive feedback from other Qype members.
5. Terms of use
You agree to comply with Qype in terms of the correct use of the services provided by Qype. This means that you may only use Qype in a certain way or for a certain purpose that does not contravene either these terms of use or the existing German laws and that does not injure any third party. Special attention should be paid to the following:
The distribution of racist or pornographic material, material that glorifies or trivialises violence or material with immoral content is forbidden. Equally, the distribution of material that could influence or endanger children or young people in terms of their development or education or that injures human dignity or other human rights is also forbidden.
If you allow another person, particularly a minor, to use your details to access Qype it is your responsibility to direct them towards the terms of use and the membership regulations and to exercise an adequate level of control.
When you submit material (reviews) and/or photographs you are allowing Qype full and unlimited but not exclusive rights to use that material and photographs together with your chosen user name. While maintaining copyright protection and your personal rights, Qype is entitled, as part of its service, to copy, publish, make public and, where necessary, make available (online, access and broadcasting rights) your reviews and photographs and to store that material in databases. Qype is only entitled to edit your material and your photographs in as much as this is necessary for graphic reproduction or editorial reasons.
Qype is not obliged to pay you any fees for the concession of these terms of use.
You must guarantee that you have all the rights to the material and photographs submitted and in particular that you are entitled to transfer these rights to Qype. People shown in photographs must be of age and they must consent to the upload or have the relevant consent of the parent or guardian.
You have no claim with regard to the publication of material or photos submitted to Qype. Qype has discretional editorial authority over the publication. In the case of photographs Qype is under no obligation to name the photographer.
If a third party should make a claim to Qype with regard to the submission of your material and/or the upload and/or review of photos (in particular in terms of any violation of personal, copyright, brand or performance rights) you are obliged to repay Qype for all damages incurred by Qype through your own culpable breach of duty. You are free to bring forth any proof that no or lesser damage than that claimed by Qype actually occurred.
Qype has the right but not the duty to check all areas of the Qype service within legal limits to ensure that the terms of use have not been infringed, particularly the code of conduct itemised in this section.
If you or a third party using your user name deliberately contravene these terms of use or the current laws Qype is entitled to take all necessary measures. A major contravention could lead to the complete suspension of your access to Qype or to the immediate termination of your Qype membership.
Qype is entitled to block reviews that you have submitted to Qype if there is any suspicion as a result of actual evidence of any contravention of either legal guidelines or these terms of use. Qype is entitled to check and, where necessary, delete reviews that you have submitted to Qype.
In the case of suspicion of any contravention of criminal or public laws Qype also has the right to support law enforcement or other official agencies in their investigations without checking the legitimacy of their enquiries or their requests for information.
6. Liability, Indemnity
Qype is liable for any criminal breach of basic contractual obligations and adopts a legal warranty (§§ 444 BGB) in line with legal requirements. In the case of damages based on the lack of an agreed warranty, Qype is only liable for damages that should be covered by such an agreement. In all other cases Qype is only liable if the damages arising were caused deliberately or by gross negligence.
Insofar as Qype’s liability is precluded or limited by the aforementioned regulations, this also applies to the liability of employees, representatives or agents of Qype.
Liability for damages for injuries caused to life, body or health and liability in accordance with the Product Liability Act are not affected in any way by the aforementioned regulations.
The fact that Qype offers a platform for material provided by a third party means that this material is not owned by Qype and Qype therefore neither approves or has an opinion of or even processes this material. The responsibility for foreign content lies exclusively with the relevant provider or the member who submitted this material to the Qype service and not with Qype. If Qype, however, should become aware that this foreign content is in direct contravention of the terms of use Qype will react in accordance with the measures laid down in the terms of use.
If there is any reason to suspect a contravention of the terms of use, Qype will not be held liable for omitting such measures unless the contravention can be proven.
If you deliberately contravene these terms of use you absolve Qype of any damages that may arise, including any legal costs to the amount of the legally applicable fees.
7. Termination or cancellation of your Qype membership
You have the right to cancel your Qype membership at any time without any notice period. Qype has the right to terminate your Qype membership at any time.
Qype has the right to terminate your Qype membership without any notice if you deliberately contravene the terms of use. Should Qype terminate your membership without notice you can only register again with Qype with the express permission of Qype. Qype members are not permitted to allow former Qype members whose membership has been terminated without notice to use Qype.
Your right to cancel your Qype membership for reasons of necessity is not affected by these terms of use.
8. Final provisions
Qype reserves the right within the terms of these final provisions to alter the terms of use and its service provision as long as the changes are reasonably held to be in the interests of Qype for you; this is particularly relevant where the changes do not involve any form of disadvantage for you, such as changes in contact information, the introduction of additional services or similar.
Moreover, Qype will give you at least one month’s advance notice of intent before introducing any changes in the terms of use or any significant change of its service provision. This information will be sent by e-mail to the e-mail address you provided upon registration. You will be assumed to have consented to the changes if you do not raise any objection to the changes within one month of receiving such notice.
All legal matters that arise from the use of the Qype services come under the jurisdiction of German Federal Law.
9. Contact information
Your Qype customer services:
Qype GmbH
Deichstraße 29 (Columbiahaus)
20459 Hamburg
feedback@qype.co.uk
This service is provided by:
Qype GmbH
Deichstraße 29 (Columbiahaus)
20459 Hamburg
Represented by Herr Stephan Uhrenbacher
Media enquiries
For press enquiries contact Vicki Harding at iris PR
vicki.harding[at]iris-pr.com
+ 44 207 654 7926