1. ACCEPTANCE OF TERMS AND CONDITIONS
Qples, Inc. provides its service to you, subject to the following Terms and Conditions ("T&C"), which may be updated without any notice. You (“Licensee”) can review the most current version of the T&C at any time by visiting this page. Different Terms and Conditions may apply to other services owned or operated by Qples.
2. DESCRIPTION OF SERVICE
Qples provides customers with access to a self serve manufacturer coupon build/ management tool, branded content and distribution through its network of properties and partner properties which may be accessed through any various mediums or devices now known or hereafter developed (the "Service").
3. PAYMENT AND PROCESSING
Qples may make available to you various payment processing methods to facilitate the purchase of Services from Qples. You must abide by any relevant terms and conditions or other legal agreement, whether with Qples or a third party, that governs your use of a given payment processing method. Qples may add or remove payment processing methods at its sole discretion and without notice to you. You agree to pay for any Services that you subscribe to and that Qples may charge your credit card or other form of payment that you indicate for any Services ordered, along with any additional amounts (including any taxes). You agree that you are solely responsible for all fees associated with purchases you make on Qples
Qples displays the pricing for Services on Qples.com and within your Settings tab in the Qpon Engine portal. Pricing and availability of all Services are subject to change at any time.
4. SUPPORT SERVICES
Qples Client Support is available online in the portal or by chatting with a representative during normal business days from 9:00AM CST to 4:00PM CST, or by calling your Customer Care Representative should you have one.
Qples shall use commercially reasonable efforts without unnecessary delays to correct the problems/defects reported or provide Licensee with a way to temporarily work around the critical problem if able to do so, or notify Licensee on a regular basis as to the progress of the corrective efforts, until such time as a correction can be made.
Licensee, upon detection of any error, defect or nonconformity, shall if requested by Qples, submit to Qples a listing of output and any such other data which Qples reasonably may request in order to reproduce operating conditions similar to those present when the error occurred or the defect or nonconformity was discovered, as the case may be.
Qples Consumer Support is available for print issues online in the Qples Print Window.
Either party may disclose the general existence and nature of any written Agreements, but may not disclose the specific terms of any written Agreement without the prior consent of the other party.
6. TERM AND TERMINATION
Qples may determine whether or not your conduct complies with these terms and may end the service at any time if your conduct does not comply with the terms.
The termination of any license shall not limit either party from pursuing any other remedies available to it, including injunctive relief, nor shall such termination relieve the Licensee's obligation to pay all fees that accrued prior to such termination.
Qples reserves the right to: 7.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Qples shall not be liable to you for any such change or removal and. 7.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
Qples will provide the services in accordance with industry standards and will publicize changes to the services which apply generally. Qples will provide advance notice of any interruption of a service due to maintenance.
In order to utilize the Qpon Engine Platform, you must register for an account. Registering for an account can only be done on www.qples.com or with the assistance of an account representative. Upon registering, the “Licensee”, will be granted a “License” to use the products and services available in the Qples Self-Serve platform.
You must only use the services -
- • in accordance with the terms;
- • for the brand that you currently represent.
Licensee is responsible for following the best practices of the CIC as outlined here: http://www.couponinformationcenter.com
We provide you with a login and password. Any security measures beyond these are your responsibility.
Customer are required to:
- • must keep your password, account name and account information confidential and must not disclose these to third parties;
- • must not circumvent, or attempt to circumvent, our user authentication systems;
- • are entirely responsible for all payments and any activities that occur under your account;
- • are liable for any damage, loss or costs that we or any third party sustain howsoever arising as a result of any of your actions, or any actions of a third party using your password, account name or account information; and indemnify us against any claim howsoever arising from any use of your password, account name or account information by a third party or as a result of your breach of this clause.
You must tell us immediately if there is any unauthorized use of your account or any other breach of security.
8. LINKS TO THIRD PARTY WEBSITES
Qples Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
9.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Qples or otherwise used by Qples as permitted by law. 9.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
The contents of Qples website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
11. LIMITATION OF LIABILITY
11.1 The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. 11.2 To the extent permitted by law, Qples will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website. 11.3 Qples makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive. 12.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Qples for death or personal injury as a result of the negligence of Qples or that of its employees or agents.
You agree to indemnify and hold Qples and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Qples arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
14. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of Texas and you hereby submit to the exclusive jurisdiction of the Texas courts.