Terms and Conditions
Effective date: 22 April 2021
Welcome to JoyQR!
These Terms and Conditions of Service ("Terms") govern your use of our website, application, and services (together or individually, "Service") offered by JoyQR a Geofits LLC Company, ("JoyQR", "we", "our", "us", "Company"). "You" refers to you as a user/accountholder of our Services.
**Please read these terms carefully.** By using our Service, or otherwise indicating your acceptance, you represent and affirm that you have read, fathom, and agree to be bound by these Terms. If you do not agree, please do not access or use our Service.
What our terms of service mean:
(a) bold headings (used for convenience) should not interpret or affect these terms of service;
(b) words of all gender (all-inclusive);
(c) a "person" is an expression that refers to any company, association partnership, governmental agency, joint venture, any corporation or body corporate, and even an individual;
(d) any legislation reference, regulations, binding directions given by the government agencies, codes of conduct considered mandatory, or similar. All delegated instruments (made under them) or any amendments, replacements, consolidations, or re-enactment;
(e) day's reference is the period of time that starts at midnight and ends in 24 hours;
(f) this reference $ is the currency for the United States Dollars unless denominated otherwise;
(g) any words that we use after "include" or "for example" or similar expressions to specify anything in these terms of service should not limit whatever else is included.
Amendment to the Terms and the JoyQR Service
(a) We Might change these terms of service: Anytime we may amend, replace or modify these terms of service if we deem necessary to do so by changing or adding the functionality of the JoyQR Service, for law compliance, any reasonable commercial reasons, or otherwise to safeguard our legitimate interests.
(b) We may notify you of any changes we make to our terms of service: If any change we make to these terms of service might harm you, let us know, and we will try to use our best efforts to share with you the change in advance (for example, we may put a notification on site), and we shall try to do so at least one month before to any new terms deem to take effect.
(c) Please Check Out These Terms of Service for Changes: It should be your responsibility to check these terms of service and regularly see any changes. If you disagree with any changes made to these terms of service, you may please stop using the JoyQR Service.
(d) Continued use deems to be acceptance: As you continue using our JoyQR Service, you will be accepting any changes to these terms of service, as stipulated above.
(e) We may change the JoyQR Service and functionality: You agree that JoyQR Service is always evolving, and we are liable to change parts of the JoyQR Service and its functionality constantly.
Eligibility: Our Service is intended only for access and use by individuals of at least sixteen (16) years old. By accessing or using any of JoyQR Services, you warrant and represent that you are at least sixteen (16) years of age and legally capable of binding contracts and abide by all of the terms and conditions of Terms. If you are under age, please obtain consent from an adult like your parent or guardian to use the JoyQR Service. These adults must agree to be bound on your behalf for our JoyQR terms of service.
a) Create an account to use the JoyQR Service: To use our JoyQR Service, one must create an account with us. And please provide accurate and updated information. You must maintain and update your details from time to time, or any other information you may provide.
b) Use accurate Information: When you create a JoyQR account, you guarantee that you are above 16 years old, and that the information you provide us is authentic, complete, and true at all times. Inaccurate, indefinite, or imprecise information may result in the immediate termination of your account.
c) Maintain your password: You are held responsible for maintaining the confidentiality of your JoyQR account/password, including but not limited to the curb of access to your JoyQR account and/or computer. You must notify us prompty upon becoming aware of any rift of security or unauthorized use of your JoyQR account.
d) Choose an appropriate username: You may not use a username of another person or entity that is not lawfully yours, a name or a brand that is subject to the rights of another person or other entity, without applicable authorization. You may not use a username thats offensive, vulgar, or obscene.
e) Resolution of Dispute of Ownership: In case of a dispute on a JoyQR Account ownership, we reserve the right to arbitrate ownership to a Account based on our reasonable verdict, whether or not through an independent investigation supervised by us. However, if we cannot make such settlement (as we may deem in our sole discretion), we reserve the right to suspend such User Account until the parties disputing the ownership, reach a decision, without liability to you or to any other party. We may request specific documentation (e.g. government-issued ID, or a business license) that may support us in determining such ownership
By creating an Account on JoyQR, you agree to subscribe to our newsletters, marketing or promotional materials, and other information we may send over time. However, you may opt out of receiving any, or all, of these email communications by clicking on the unsubscribe link or by emailing us at [email protected].
(a) Right to post Content: You may publish, store, and share or avail certain information, videos, text, graphics, or any other material to/on the JoyQR Profile Page that you intend to create using the JoyQR Service (Content). You will be responsible for your Content, which includes its legality, appropriateness, and reliability. In the case where a third party owns the Content, you must ensure that you have all rights (including any licenses) to allow you to make that Content on the Page available and the JoyQR Service.
(b) Give us a license to use and publish your Content: As you post Content to the JoyQR Service, you consent to grant us the right and license to use, display and distribute all your Content through the JoyQR Service, and you also confirm to having all third party rights and licenses required to post such Content. You accept that this license also includes the right to display your Content to other users of the JoyQR Service, who may want to use your Content following these terms of service.
(c) Responsibilities while posting Content: You agree that:
1. The Content you provide is yours (you own it), and if not, then you should have the right to use it and accord us the rights and license as stipulated in these terms of service; and
2. any post or display of your Content on or through the JoyQR Service should not violate any person's privacy rights, publicity rights, contract rights, copyrights, or other rights. You further agree that:
(A) the Content you post should not cause you or us to infringe any law, rule, regulation, code, or any other legal obligation;
(B) the Content posted should not or will not be fairly considered inappropriate, obscene, defamatory, indecent, disparaging, offensive, blasphemous, racist, display hatred, seditious, discriminatory, and in breach of confidence or privacy. In some circumstances, you should ensure that the Content in a particular country should not breach the previous requirements in another country (and in such circumstances, we reserve the right to take the necessary action that may include removing that content or restricting access to the JoyQR Service);
(C) the Content should not be misleading or deceptive, shouldn't misinform or intend to, and you should not represent or falsify something;
(D) the Content should never be undisclosed, unsolicited, or comprise unauthorized advertising or approval of any product;
(E) the Content should not contain any software viruses, files, computer code, or any programs designed to destroy, interrupt, limit the functionality of computer software, hardware, e.t.c; and
(F) the Content should not in any way bring the JoyQR Service or us into disrepute.
(d) Our right when monitoring and modifying your Content: We have no obligation to monitor the accuracy or reliability of your Content regularly as it is consolidated into the JoyQR Service. We have the right to edit, modify, or pull down any Content any time deem necessary.
(e) You will accept the risk of public disclosure: You acknowledge and consent that the Content you present to the JoyQR Service will be publicized information, and you shall bear any risks involved with such publicity.
(f) We might use your Content to promote the JoyQR Service: We may sometimes feature your Content (omitting your registered trademarks or personal information, not unless you sign an agreement) on our site or intend to promote the JoyQR Service. You permit us a worldwide, royalty-free, perpetual license to use your Content for such purposes.
You may use JoyQR Service only for lawful purposes and in accordance with Terms. You agree not to use our Services:
(a) In any way that opposes any applicable national, regional or international laws or regulation.
(b) For the purpose of manipulating, harming, or attempting to exploit or harm minors or in any way exposing them to irrelevant content or otherwise.
(c) To disseminate, or procure any advertising or promotional material, including any junk mail, chain letter, spam, or any other similar solicitation.
(d) To impersonate or attempt to impersonate JoyQR, any JoyQR employee, any another user, or other person or business entity.
(e) In any way that breaches upon the rights of others, or in any way is illegal, fake, fraudulent, or unsafe, in connection with any illegal, deceitful, or damaging activity.
(f) Engage in any conduct that constrains or restricts anyone's use or satisfaction of JoyQR Service, or which, may harm or outrage JoyQR or users of our Service.
(g) Use any robot, spider, or other automatic device, process, or means to access JoyQR Service for any reason, including monitoring or copying any of the material on our Services.
(h) Use any device, software, or procedure that interferes with the proper working of JoyQR Services.
(i) Introduce any viruses, trojan horses, logic bombs, or any other material which is malicious or technologically damaging.
(j) Attempt to gain illegitimate access to, interfere, or damage, any parts of JoyQR Service, the server on which our JoyQR Services are stored, or any computer, or database connected to our Services.
(k) Take any action that may ruin or distort Company’s rating.
(l) Attempt to interfere with the proper working of our JoyQR Service.
Fees and Payments
(a) Paying your fees: You must not default but pay the fees you agreed to pay for your chosen plan.
(b) How we process your billing: If you are under Paid Plan, you will get billed in advance periodically, which will depend on your billing cycle. The billing cycles can be set either on a monthly or annual basis. That depends on the Paid Plan you opt for from the options provided.
(c) Paid Plans are automatically renewed: After your billing cycle relapses, your Paid Plan automatically renews according to these terms of service that you can find at the renewal date. Not unless you have cancelled the Paid Plan or we have done it under the outlined terms of service.
(d) Make payments with accurate billing information: Have a valid means of payment method such as a credit card, to process your payment for the Paid Plan you choose. You will bring accurate and complete information for your billing, such as full name, address, zip code, state, and valid payment method. When you submit your payment information, that means you are automatically authorizing us to charge you all fees incurred through your account to various payments.
(e) Electronic invoices in place of automatic billing: If automatic billing misses on account of some reason, we shall issue an electronic invoice. When you receive it, you must please proceed with a manual payment that will indicate a particular deadline date. You should pay the full payment that corresponds to your billing cycle indicated on the invoice sent to you.
(f) Taxes: All our fees include transactional taxes (i.e., GST/VAT). You will be responsible for paying all incurring (if any) external fees and taxes, withholding taxes if applicable, which may associate with your use of the JoyQR Service wherever levied. We may collect your geographic information for these purposes, and all that information you present to us (if any) must be accurate.
(g) Refunds: Except when required by applicable law, paid Subscription fees are non-refundable.
(a) Our Intellectual Property Rights: The Intellectual Property Rights in the JoyQR Service, the Website, and their content (which excludes your Content, but include the JoyQRContent), the features and functionality remain our exclusive property, and you shall not in any way try to challenge that ownership.
(b) There will be no transfer of our Intellectual Property Rights to you: The JoyQR Service has copyright protection, trademark, and other laws of foreign countries. Our trademarks and any other trade names may not be used for any of our products or service without our written consent. There is nothing in our terms of service that constitutes a transfer of our Intellectual Property Rights to you.
(c) Your limited rights to use the JoyQR Service: We allow JoyQR Service only if authorized by us (that includes the use following terms and conditions). As a user, you get a limited, non-exclusive, non-transferable, and revocable right to use the JoyQR Service to create, use, display, and upload the Content following these terms of service.
(d) How the JoyQR Service must not be used: You must never use the JoyQR Service with any product or service not affiliated with us or may put us into disgrace.
(e) Responsibility for material posted by others: Any opinions, advice, services statements, offers, or any other information or content exhibited or made available by other users are from reputable authors or distributors and not from us.
(f) Your responsibilities in using JoyQR Content: If we show you any videos, images, icons, graphics, or any other content (JoyQR Content) for you to use concerning the JoyQR Service, you must:
(1) only use JoyQR Content on your Page and not anywhere else;
(2) comply with any reasonable guidelines or terms, even if they may be those of a third party, but with the JoyQR Content provided.
Feedback and Suggestions
If you provide us with any suggestions, opinions or any other feedback relating to the JoyQRServices, which is or may be related to any Intellectual Property rights such Feedback shall be exclusively owned by JoyQR. By providing such Feedback, you acknowledge and agree that it may be used by JoyQR in order to: (i) further develop, customize and improve JoyQR Services,
(ii) provide ongoing assistance and technical support to our users.
(iii) contact you with general or personalized JoyQR-related notices and/or interview requests based on your feedback or suggestions,
(iv) facilitate, sponsor and offer certain promotions, and monitor performance,
(v) to create aggregated statistical data and other inferred information, which JoyQR may use to provide and improve its services,
(vi) to enhance JoyQR data security and fraud prevention capabilities, and
(vii) to comply with any applicable laws, rules and regulations.
In addition, you (1) represent and affirm that such Feedback is accurate, complete, and does not breach any third party rights; (2) irrevocably assign to JoyQR any right, or interest you may have in such Feedback provided and (3) explicitly and completely waive all and any claims concerned to any of the past, present or future moral rights, or any other similar rights worldwide concerned with such Feedback.
Privacy of data
(a) Our data and guardianship: All the data content (or any Intellectual Property Rights in data) that the JoyQR Service or we generate based on how you use (or End Users', or other users' use) of the JoyQR Service or the Content (Data)we will own it and you shall not dispute the ownership.
(b) We may supply you with Data: We may provide you Data or visualizations of it to you as part of the JoyQR Service (Data Analytics). We don't represent or warrant the accuracy or completeness of the Data Analytics. However, we shall try to ensure it's accurate and complete as much as possible.
Limitation of Liability
Except as prohibited by law, in each applicable jurisdiction, JoyQR, its officers, directors, employees, agents and/or affliates shall not be liable to you for any indirect, punitive, special, incidental, or consequential damages, whether, including any damages resulting from (1) errors, mistakes, or inaccuracies of any content;
(2) any personal harm or property damage related to your use of the JoyQR Services, or distributing, copying, or downloading the Content from the JoyQR Service.
(3) any unauthorized use of our servers or any personal information or other information stored therein;
(4) any interruption or discontinuance of transmission to or from the JoyQR Services;
(5) events beyond the reasonable control of JoyQR, including any internet failures, electrical power failures, equipment failures, strikes, riots, civil disturbances, fires, storms, floods, earthquakes, explosions, war, terrorism, governmental actions, orders of courts, tribunals or non-performance of third parties;
(6) loss of use, goodwill, data, profits, or other intangible losses, resulting from the use or the inability to use any or all of JoyQR Services.
You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for JoyQR’s services to you, and such limitations will apply even if JoyQR has been advised of such possibilities.
(a) We don’t endorse third party services: Unless specified, we never endorse (make any warranties or representations in connection to) any product or service from the third party and your use of those third-party products or service, which could be subject to divide terms and conditions which you need to review and agree.
(b) No refunds issued: Any payments you make to the third party are non-refundable.
(c) Suspension or cancellation of your account: If you disagree with the third party terms and conditions, you may not use it, and we might suspend, cancel, or delete your user account. Alternatively, we may also limit several functionalities.
Disclaimer of Warranties
(a) You use the JoyQR Service at your own risk: Your use of the JoyQR Service will be at your sole risk. The JoyQR Service is offered on an "AS IS" and "AS AVAILABLE" basis. The JoyQR Service is provided with no warranties of any kind, whether exhibits or implied, include, but not limited to, availability, up-time, or suggested warranties of merchantability, non-infringement, or course of performance.
(b) We make no warranties about the JoyQR Service: We, or our subsidiaries, affiliates, and licensors, do not warrant or constitute that:
- 1. the JoyQR Service continues to function securely and uninterrupted and may be available for use at any particular time or location;
- 2. if any errors or defects found, they will get corrected;
- 3. our Service has no viruses or any other harmful components;
- 4. using the JoyQR Service will ensure you meet your requirements.
(c) Extent of this disclaimer: This disclaimer applies to any kind of damages or injury that may occur due to any performance failure, error, deletion omission, interruption, defect, operation delays or transmission, computer virus, line failure communication, destruction theft, unauthorized access or, alteration of use of the record in relation with the use or operation of the JoyQR Service, whether for, tortious behavior, negligence, rift of contract or other cause of action stipulated.
(d) We don't make any warranties about the JoyQR Service content:We don't do representations or any warranties, express or implied, completeness, accuracy, reliability, suitability, or availability. There is nothing in these terms of service that intends to exclude, restrict, or modify the rights you stand to have under any law that is not excluded, restricted, or modified by agreement.
(e) Beta functionality: Anytime we might add certain functionality of the JoyQR Service available to you in beta (but will mark the functionality as 'beta' or similar). But we continue to evaluate and test such beta functionality. And for that reason, we may not be as dependable as our other parts of the JoyQR Service.
We may have the rights to cancel your account:
(a) Our rights to discontinue or cancel your account: If you fail to comply with any of these terms of service (Prohibited Use), and (Intellectual Property), we may discontinue or cancel your user account. And also limit the JoyQR Service functionality that you access. But if, according to non-compliance, we don't have this right to discontinue or cancel, if we find a repeat of non-compliance on your account or any non-compliance material, we are likely to do so.
(b) You have the right to approach us with any issues: If you find any issues with any of our decision, with the performance of the JoyQR Service, or anything else in relation with these terms of service, kindly reach us by emailing us at [email protected] (Issue Notice). After receiving an Issue Notice from you, we try to resolve it reasonably in good faith until we find a solution. We don't advise legal proceedings or take formal or public action concerning this. We take at least a month to try to resolve it.
These terms of service shall be governed in accordance with the laws of State of California. Our failure to reinforce any right or provision of these terms of service will not be considered a waiver of those rights. If any the provisions of these terms of service is held to be invalid or null by the court, the remaining provisions of these terms of service will remain in effect. These terms of service constitute the entire agreement between us and regarding our Service and supersede or replace any previous agreements we might have had between us regarding JoyQR Service.
Waiver and Severability
If we fail to insist on enforcing any provision of these terms of service, we shall not be construed upon as a waiver of such provision or right. If any provision of Terms is held by the court or any other tribunal of competent jurisdiction to be unreasonable, illegal or unenforceable for any reason, , then it will get severed from these terms of service. As the remainder of these terms of service continues to apply with such amendments. It is strictly necessary to consider severance.
By using Service or other services provided by us, you acknowledge that you have read these Terms of Service and agree to be bound by them.
Please send your feedback, comments, and requests for technical support.
- By email: [email protected]