Terms & Conditions

The User:
Refers to all parties to this agreement as stipulated below            

The App; We; The Company; Merchant:
QFind, its employees, consultants, agents, or any affiliated person Terms of Use:  As stipulated in this Terms and Conditions agreement

Services:
As listed on the website for the listed price

User account:
Profile created by or for a user and/or its dependent members, containing all information that is necessary for use of the App, related devices, sites and services

User content:
Refers to all information provided by the user on behalf of him or herself or dependent members for the purpose of running the App and its services

Wrist Band:
Silicone wrist band for adult and kid including addition of Dog Pendant                                                                                 

Related device:
Refers to the wrist band explained above

Related site:
www.qfind.app

QR codes (or codes):
Uniquely identifiable QR codes specifically designed to link with our app Scanning (in the context of QR codes): The act of obtaining information stored in the QR codes within the wrist band by scanning with qfind mobile app and if not able to be scanned due to camera issues, the 8 digit alpha numeric code can be entered to identify the relevant details.

Parties to this Agreement:

QFind, its employees, consultants, agents, or any affiliated person

and

Users of the App, account holders, dependent members, any person that visits the related site, users and owners of related devices

1. Agreement Conditions

1.1. By signing up to, accessing or using this application made available by the App, however accessed by you must be older than 16 years of age as you agree to be bound by these terms and conditions which shall govern the access and usage of this application. Failure to comply with these terms and conditions may result in possible blocking and, where necessary, legal action.

1.2. If you do not agree to be bound by these terms and conditions, do not access or use this application as your access and use of this application constitutes your consent to be bound by these terms and conditions which shall result in a contractual relationship being formed.

1.3. QFind reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the App and related site following the posting of changes will mean that you accept and agree to the changes.

1.4. As a condition of use, you agree not to use the services of this app for any purpose that is unlawful or prohibited by these Terms, or any other purpose not intended by QFind, including but not limited to:

1.4.1. to abuse, harass, impersonate, intimidate or threaten other users

1.4.2. to post or transmit, or cause to be posted or transmitted, any content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person

1.4.3. transmit any worms or viruses of a destructive nature

2. Governing law

2.1. The App headquarters are situated in the Republic of South Africa and therefore South African Laws are applicable and must be adhered to when using the App and services. If you choose to access the app or associated sites from outside the Republic of South Africa, you do so on your own initiative and you are solely responsible for complying with applicable laws.

3. Registration

3.1. You must register for the App by giving permissions to your Personal Information and by following the prompts displayed after you have downloaded the App onto your Device. 

3.2. When you register you must create an account for the secure use of the App.   

3.3. You agree to maintain control of your account at all times and ensure that information is up to date. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify QFind immediately of any unauthorized use of your account or password, or any other breach of security. QFind cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

3.4. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

4. Your content

4.1. Ownership: The user retains all rights and ownership of their content. QFind does not claim any ownership rights to the users content.

4.2. License to your content: Certain licenses to your content are required by the App in order to operate and enable the services. When uploading and submitting your content, you grant the App a worldwide license to communicate, distribute, host, publicly display, store and use such content.

4.3. App may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the App, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) App’s rights or property, or the rights or property of visitors to or users of the app, including App’s customers. App reserves the right at all times to disclose any information that App deems necessary to comply with any applicable law, regulation, legal process or governmental request.

4.4. You acknowledge and agree that App may preserve any transmittal or communication by you with App through the app or any service offered on or through the app, and may also disclose such data if required to do so by law or App determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of the App, its employees, users of or visitors to the app, and the public.

5. Payment, Scope and Use of the App

5.1. Qfind is a business within the technology industry and This App has been developed as a tool to assist you with ensuring that your medical conditions and preferences can be saved on to a wrist band and scanned via a QR code in the case of emergencies.

5.2. The wrist band, which is only available to South African clients, must be ordered by you on the Qfind platform and shall be delivered to you subject to availability and on receipt of payment therefore. Payment may be made via Visa, Mastercard, Diners or American Express Cards or by way of bank transfer into Qfinds bank account (the details of which will be provided on request) and Qfind takes responsibility for a aspects relating to the transaction including sale of goods and services sold on this platform, customer service and support, dispute resolution and delivery of goods.

5.3. The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

5.4. Card transactions will be acquired for Qfind) via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

5.5. Customer details will be stored by (Your Company) separately from card details which are entered by the client on DPO PayGate’s secure siteFor more detail on DPO PayGate refer to www.paygate.co.za.

5.6. In cases of unavailability, Qfind undertakes to refund you within 30 days of your election not to wait for availability of the wrist band.

5.7. Where you have cancelled an order, due to no fault of Qfind, you acknowledge that such cancellation shall attract a 20% administration fee.

Furthermore, should you qualify for a refund and cancellation after review of reasons thereof, we will do a refund to you by means of an electronic funds transfer from our bank to yours. Your original stamped bank details need to be provided to us by email and we will further verify and thereafter make such payment.

If you have not ordered the band with your subscription and require a delivery and need to order, you will be billed for a new band and shipping costs.

5.7.1 If you should order the wrong size band and requires replacement you will be billed for additional courier costs and the price of new band as it will need to be blocked and reordered, this is security measure to block code from next user.

5.8. Qfind undertakes that your requests and orders shall be processed within 3 (three) days and delivery will be confirmed by way of an order number.

5.9. You should only use the latest version of the App. The App Store applicable to your device will notify you of any updates/ upgrades that are available to you. If you do not install the latest version, the App may not function correctly and you may experience security and/or data flaws, for which we will not be liable under any circumstances. 

5.10. The App should only be used with devices for which it is intended, that is the original wrist band, as allowed by the usage rules set out in your App Store’s terms of service. It is the sole responsibility of the user to ensure proper linking of correct devices to accounts. QFind will not be liable for any incorrect linking of devices.

5.11. You further agree that by using the App you have given consent for your information to be displayed to those who scan or use the responder access on the website by entering you bands 8 Digit alpha numeric code.

5.12. In the event that the wrist band is found to be faulty, the user is to report such for testing, within 3 days to the email contact details provided on the App and related site. The wrist band may be replaced with a new one for the user if determined necessary by the sole discretion of the company. If a wrist band is lost, it is the responsibility of the user to report such as soon as possible on the facility provided on the App to block lost devices. There will be no replacement device, a new device must be purchased. If a new device is purchased, the information contained in the new code will override the old.

5.13. Should you wish to provide the team with feedback, you may use the report function or contact us via your preferred platform.

5.14. Qfind confirms that third party services may be used and promoted on this app (such as but not limited to payment for the use of this app) and as such, Qfind disclaims all liability for any loss or damage incurred by you in any manner whatsoever due to the performance or non-performance of such third party service and further that Qfind does not have an obligation to assist or involve itself in such dispute.

6. Disclaimer

6.1. QFIND does not control or endorse the content, messages or information exchanged by means of the Websites and, therefore, QFIND specifically disclaims any liability with regard to the Websites and App and any actions resulting from your participation in the Websites and App.

6.2. You acknowledge that the Application, and the utility of any of its alerts or notifications, depends on information that you input into the Application

6.3. QFind DOES NOT PROMISE THAT THE APP OR ANY CONTENT, SERVICE OR FEATURE OF THE APP WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE APP WILL PROVIDE SPECIFIC RESULTS. THE APP AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE APP IS SUBJECT TO CHANGE WITHOUT NOTICE.

6.4. We are not responsible for:

6.4.1. any interrupted, delayed or failed transmission, storage, delivery, loss or damage of information and/or data due to a power failure, technical problems, equipment or software malfunction, natural disasters, fire, labour unrest, unlawful acts (such as data theft), any harmful computer program or virus, your own negligence, or any other cause beyond the control of QFind; or

6.4.2. failure to scan the wrist band code as a result of damage or malfunction of the wrist band, or any other reason whatsoever preventing proper scanning and transmission of code data; or

6.4.3. any inaccurate, incomplete or inadequate information such as but not limited to goe-location, third party payments, obtained from the app supplied by you

6.4.4. any errors in the information submitted to third parties upon scanning of the QR code, whether substantial or otherwise, as a result of the users own omissions, failure to update or submit sufficient information

6.4.5. Although all reasonable measures will be taken to ensure proper and correct information sharing, in the event that an error on the part of the App and its subsidiaries, whether substantial or otherwise occurs outside of these reasonable measures taken, you agree that the App will not be held liable for any death, injury, damage or loss of any kind associated with sharing either incorrect information or sharing such information with an incorrect recipient.

6.5. Neither will we be responsible for any direct or indirect loss, damages, injury or death that may arise from:

6.3.1. any of the events described in this paragraph or the paragraphs above 6.3.2. your actions or omissions that result in a breach of this user agreement;

6.3.3. any links to other websites from the app. You also acknowledge that we cannot control the content of or the products offered on those websites;

6.3.4. a denial of access to the website or app should we believe or have reason to believe that you are conducting activities that are illegal, abusive, would attack the integrity of the website or app or put QFind in disrepute;

6.3.5. any loss or damage as a result of failure to access the app or related sites due to factors beyond the control of QFind, as well as for reasons described in paragraph 8 below;

6.3.6. the user or any third party reliance on any of the information, content, tools or materials that is obtained from the app

6.4. By using this app, you accept that QFind will be excluded from any liability for any death, injury, loss or damage of any kind as a result of any third party or user reliance on the information provided upon scanning of the QR codes, whether such information pertaining to medical history and details, location and any and all other personal information is incorrect or incomplete as a result of the users own negligence or mistake.

6.6. QFind will ensure insofar as possible that the information shared from scanning of QR codes is shared for the correct user and is sent to the correct recipient by taking all reasonable measures to ensure such. IN THE EVENT THAT CIRCUMSTANCES OUTSIDE OF THE APP’S CONTROL PREVENT CORRECT SHARING, YOU AGREE THAT WE WILL NOT BE HELD LIABLE FOR ANY LOSS, DAMAGE, INJURY OR DEATH THAT OCCURS AS A RESULT OF RELYING ON THE INFORMATION SHARED. This includes any medical assistance obtained as a result of relying on such shared information.

6.7. Although reasonable measures have been taken by the company to ensure that the materials and design used for the wrist band are safe and user friendly, QFind will not be held liable for any adverse reactions arising out of the use of the wrist band, nor for any injury or death caused through use of the wrist band, either as a result of choking, strangling, prevention of blood flow or any other means. The wrist band is used entirely at the user’s own risk.

6.8. You also agree that in no event shall the App be liable to you or any third party for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with (a) your use or misuse of App or information contained therein, any delay or inability to use the services of the App, any information, software, products, services or content obtained through the app, whether based on contract, strict liability or otherwise, even if we have been advised of the possibility of damages.

6.9. You agree that QFind will not be liable for user information being publicly exposed as a result of hacking activity nor will we be held liable for any loss or damages that occur as a result of fraudulent activity.

6.10. By agreeing to these terms, the user accepts that QFind has no control over and accepts absolutely no liability associated with any third party that may scan the QR codes of the member(s) of your profile/account. The user accepts that such third person will have access to view all personal information that you have made available for such purposes. The user also acknowledges and accepts that any information provided that is not a required or mandatory field of the application will be viewable by such third party. The user consents to the possibility that any member of the public may scan their codes.

6.11. QFind DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APP name DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE app or any related sites. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE app AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST THE APP FOR DISSATISFACTION WITH THE APP, ANY CONTENT OR RELATED SITES AND THE WRIST BAND IS TO STOP USING THE APP, CONTENT, SITE AND WRIST BAND.

6.12. The above disclaimer applies to any death, damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

6.13. You agree to indemnify app name, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against app name by any third party due to or arising out of or in connection with your use of the app.

6.14. The App is not a licensed medical provider and claims no expertise in diagnosing, examining, or treating medical conditions of any kind. It is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You expressly agree that we are not providing medical advice via the services but merely sharing any medical information that the user submits to their account. 

6.15. We (including our employees, consultants, agents, or any affiliated person) are not responsible for any loss or damages related to your use of the App or any Intellectual Property flowing from their use. This includes, without limitation, any direct, indirect, special, incidental, or consequential damages in terms of contract, delict (breach of duty or care) or law.    

6.14. By creating an account, you acknowledge and accept that any third party that scans your QR codes will have access to all information that you have made publicly viewable in your App settings. You agree that QFind is excluded from any liability associated with any loss, damage or danger that may arise out of sharing such information. You agree that QFind is in no way able to control who scans your QR codes and therefore is exempt from all liability for any loss, injury, damage, death or misfortune of any kind that occurs as a result of a third party scanning your QR codes and using such information to yours or any member of your accounts’ detriment. You use this application and its services at your own risk entirely.

7. Fees and Costs

7.1. Standard data costs will be charged when you download the App and thereafter when the app is active. These costs are charged by your mobile network operator. Any questions related to your data costs must be sent to your mobile network operator. 

7.2. Prices displayed on the App are the prices that you must pay for the goods and/or services you purchase from the Merchant.

7.3. All prices will include value added tax.

7.4. A monthly subscription fee is specified on the App. The total subscription amount for a 12 month period will be debited upon confirmation of subscription. Thereafter, it is the user’s responsibility to ensure that all relevant devices are purchased and correctly linked in order to make use of the App’s services. You may only transact (or, if and when applicable, instruct the Company to transact) with the banking details specified on your registered account.

7.5. The user will not be entitled to a refund in the event that the account subscription is confirmed in error, nor in the event of any other action or omission of any kind on the part of the user or its dependents preventing proper use of the App and its services.

7.6. There will be no refunds whatsoever of subscriptions paid in the event that your account is blocked or cancelled by the App for whatever reason, nor if deactivated by the user. The user will also not be refunded in entirety nor in part for being unable to access the App or related site for reasons out of the App’s control and for reasons described in paragraph 8 below; nor for any malfunction or damage of the wrist band causing failure to operate.

8. Service availability

8.1. QFind services can be cancelled at any time without notification to users and the User agrees that it forfeits any amounts already paid to Qfind prior to such cancellation. QFind does not guarantee that services will be accessible 24/7. We maintain the right to interrupt the App and related site for maintenance or upgrades, for emergency repairs, or due to telecommunications failure that are beyond the control of QFind.

9. Intellectual Property Protection

9.1. You may not copy, republish, distribute, adapt, modify, alter, de-compile, reverse engineer, or attempt to derive the source code of or create a derivative of works or, otherwise attempt to reproduce the App, its contents, including any Intellectual Property there in, its design, any updates to the App and/or any proprietary features in relation to it, or any parts of it. This prohibition extends to any and all content belonging to third parties that is found on the App and/or any content featured on the third-party websites which are accessed through links that are found on the App. You may not sub-license such third-party content, including Intellectual Property Rights associated with it.  The user agrees not to modify, rent, lease, loan, sell, distribute, or create derivative works based on this App in any manner and you shall not exploit the App in any unauthorized way.

10. Right to terminate

10.1. QFind reserves the right, in its sole discretion, to change, limit or discontinue any aspect, content or feature, of the App, as well as any aspect pertaining to the use of the App without notice. In termination of your registration to the App, all rights granted to you in respect of the App will cease immediately. In the event that your account is terminated, user access to the App may be suspended at the sole discretion of QFind until such user registers with a new account on the App.

11. General Provisions

11.1. The headings of the clauses in this user agreement are provided for convenience and ease of reference only, and will not be used to interpret, modify or amplify this user agreement.

11.2. If any provision of this user agreement is held to be illegal, invalid or unenforceable, that illegality, invalidity or unenforceability shall not affect the other provisions of this user agreement. Such illegal, invalid or unenforceable terms shall be interpreted in a manner that is legal, valid and enforceable with the outcome that serves the intended purpose of such clauses insofar as possible.

11.3. No failure or delay by the App to exercise any of its rights will be regarded as a waiver of its rights,  nor will it affect the validity of any part of this user agreement. 

11.4. Should any dispute, disagreement or claim arise between the parties (called hereafter “the dispute”) concerning this agreement, the parties shall try to resolve the dispute by mediation. This entails that the one party invites the other in writing to a meeting and to attempt to resolve the dispute. Failing such resolution, the dispute shall finally be resolved through arbitration.

12. Company information
This platform is run by Qfind based in South Africa with registration number 2018/316014/07 and , with its Physical Address for administration is held at 37 bath Avenue, 3rd Floor, Rosebank, South Africa , and its contact details being info@qfind.com and its telephone number is to be listed on the website.

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