TERMS OF USE (“TERMS”) for NYCE Affiliates Ltd
These Terms were last revised on: ___________________. We may change these Terms at any time.
PLEASE READ THESE TERMS CAREFULLY BEFORE PROCEEDING TO USE OUR SERVICES AND/OR DOWNLOADING OUR SOFTWARE. BY USING OUR SERVICES AND/OR DOWNLOADING OUR SOFTWARE, IT MEANS YOU ACCEPT THESE TERMS. IN THE EVENT WE CHANGE THESE TERMS, WE WILL PROVIDE YOU ADVANCE NOTICE OF ANY SUCH CHANGES WHENEVER FEASIBLE. YOUR CONTINUED USE OF THE SERVICES AND SOFTWARE FOLLOWING THE EFFECTIVE DATE OF ANY CHANGED TERMS WILL MEAN THAT YOU ACCEPT AND AGREE TO THE CHANGES.
These Terms are between “You” (“Your” also refers to You) and NYCE Affiliates Ltd with registered office at Suite 1507, 15/F, Wing on Kowloon Centre, 345 Nathan Road, Jordan, Kowloon, Hong Kong under company number 76899083. NYCE Affiliates Ltd is referred to herein as “We”, “Us”, “Our” or NYCE Affiliates Ltd, as appropriate. We offer a range of services (herein referred to as “Services”, as defined in more detail below). We may, from time to time, offer Our products and Services through mediums, including but not limited to the internet or mobile devices. When you use Our Services by whatever medium, these Terms apply to such use to the extent as is applicable to the circumstances.
Services are provided through Our website domain(s) and applications. Before You download the Software (“Software” includes any portion of Our Ecosystem, any downloadable desktop application, mobile application, and system component from Our website or from our downloadable app (available from the Google Play Store or Apple iOS App Store)), we will ask You to give your express agreement to these Terms.
You agree to be bound by these Terms by clicking on ‘I Agree’ and using our Software and/or by accessing Our website. If You do not agree to any of these Terms, You should immediately stop using Our Software and accessing Our website and remove any copies of it from all Your devices. If you have downloaded a copy of Our App from any App Store, then you should immediately uninstall the application from Your device and refrain from using Our Services.
NYCE Affiliates Ltd’s Privacy Policy applies to the Services and Software, and its terms are made a part of these Terms by this reference. We would like to remind you that:
We provide You the ability to track and share your test results via our application;
We provide risk ratings based on your test result histories and activities that you record via the application. This does not constitute medical advice, diagnosis, or treatment. You should always seek the advice of medical professionals about any questions or medical issues you may have. If you suffer any medical emergency, you should contact a medical professional or emergency services immediately. You should always consult a medical professional when making decisions related to your health and not on the basis of Our applications or Services or any information you may access through Our website;
We require certain information to provide Services through our applications;
Our applications and Services are not suitable for medical emergencies;
Our application is not intended to be used, and is not suitable for unrestricted use, by persons under the age of 16;
Any medical condition that you may have that is not recorded by you on the application will not be detected or served by the application;
We take no responsibility for the use of our applications or Services outside of the recommended operating conditions; and
We do not take responsibility for any damages, inconvenience or discrimination made against you by any party or persons outside of Our organisation, whether related to the use of our applications or not.
DEFINITIONS
Our “Ecosystem” refers to an ecosystem comprised of Our websites (whose domain names include but are not limited to qservi.com), mobile applications, clients, applets and other applications that are developed to offer the Services, and includes independently-operated platforms, websites and clients within the ecosystem. In case of any inconsistency between relevant terms of use of the above platforms and the contents of these Terms, the respective applicable terms of such platforms shall prevail;
Our “Operators” refers to all parties that manage the Services, including but not limited to legal persons, unincorporated organisations and teams that provide the Services and are responsible for such Services. For convenience, unless otherwise stated, references to “NYCE Affiliates Ltd”, “NYCE”, “Us”, Our” and “We” in these Terms includes Our Operators. UNDER THESE TERMS, OUR OPERATORS MAY CHANGE AS OUR BUSINESS ADJUSTS, IN WHICH CASE, THE CHANGED OPERATORS SHALL PERFORM THEIR OBLIGATIONS UNDER THESE TERMS AND PROVIDE SERVICES TO YOU, AND SUCH CHANGE DOES NOT AFFECT YOUR RIGHTS AND INTERESTS UNDER THESE TERMS. ADDITIONALLY, THE SCOPE OF OUR OPERATORS MAY BE EXPANDED DUE TO THE PROVISION OF NEW SERVICES, IN WHICH CASE, IF YOU CONTINUE TO USE OUR SERVICES, IT IS DEEMED THAT YOU HAVE AGREED TO THESE TERMS WITH THE NEWLY ADDED OPERATORS.
The “Services” refer to various services/Software provided to you by Us that are based on Internet and/or blockchain technologies and offered via NYCE Affiliates Ltd websites, mobile applications, clients and other forms (including new ones enabled by future technological development).
“NYCE Affiliates Ltd Platform Rules” refer to all rules, interpretations, announcements, statements, letters of consent and other contents that have been and will be subsequently released by Us, as well as all regulations, implementation rules, product process descriptions, and announcements published on the NYCE websites or within products or service processes;
“Users” refer to all individuals, institutions or organisations that access, download or use our products or Services and who meet the criteria and conditions stipulated by Us. If there exist other agreements for such entities as developers and distributors, such agreements shall be followed; and
“NYCE Affiliates Ltd Accounts” refer to the foundational virtual accounts, including main accounts and subaccounts, which are opened by Us for Users to record on NYCE Affiliates Ltd Accounts their usage of Services, other actions and basic information. NYCE Accounts serve as the basis for Users to enjoy and exercise their rights on NYCE.
GRANT OF LICENCE CONDITIONS
To use the Services, You may first need to register and create a NYCE Account with Us. To do so, please download and install any of Our applicable Software or navigate your internet browser to the appropriate page on Our website.
To access some Services, We may be required to verify the identity of Our customers and therefore reserve the right to request satisfactory proof of your identity (including but not limited to copies of a valid passport/driving licence/identity card and/or any payment cards used) and satisfactory proof of address (including but not limited to a recent bank/credit card statement or utility bill (excluding mobile/cellular phone services) dated within the last three (3) months) at any time. Failure to supply such documentation may result in the suspension of Services and ultimately the closure of your NYCE Account.
You agree to provide Us with full and complete information regarding your identity and residential address. Incomplete or fictitious information or documentation will not be accepted and will constitute a material breach of these Terms. This will result in the suspension of Services and the closure of your NYCE Account.
Subject to satisfactory completion of Our registration process and acceptance of these Terms, NYCE Affiliates Ltd grants to You a non-exclusive, non-transferable, limited licence to use one copy of the Software.
You shall not distribute, sell, supply, modify, adapt, amend, incorporate, merge or otherwise alter the Software. Your agreement to these Terms shall not give You any express or implied rights to decompile, reverse engineer or otherwise disassemble any part of the Software.
You shall immediately notify Us of any unauthorised use or disclosure, of, or of any unauthorised access to, or of any theft or loss of any copies of the Software or other Proprietary Information (as defined in provision 5.2 below) which You suspect or which comes to your attention.
Except for the rights and licence granted under these Terms, nothing contained in these Terms shall be construed to grant You any right, title, interest in or to the Software. We expressly reserve all rights, title and interest in and to the Software which are not specifically granted to You under these Terms.
We grant You the right to install a copy of the Software on Your computer running an up-to-date Internet Browser such as Microsoft Edge, Firefox, Chrome, Opera or Safari on a validly licensed copy of the operating system for which the Software was designed. We also grant You the right to install a copy of the Software on a device running Android or iOS operating systems, where the software and operating system are not more than six (6) months out of date.
It is entirely at Our discretion which services shall be supported by Our Software and/or downloadable Apps and You acknowledge that the offerings on Our website, or via Our App, may change from time to time with or without notice from Us.
The Software must not be used in any manner prohibited by any applicable laws or regulations in any jurisdiction. It remains Your sole responsibility to ensure that it is legal to use the Services in the country/jurisdiction in which You reside or are accessing or using the Software.
Changes to the NYCE Platform Rules are entirely at Our discretion. These will be communicated openly to Users. Users undertake to refer to these materials regularly and promptly.
Where We provide self-custodial Digital Wallet Software, You understand that this Software functions as a free Digital Wallet. The Software does not constitute an account where We or any other third parties serve as custodians of Your Sensitive Personal Data. IF YOU LOSE ACCESS TO YOUR DIGITAL WALLET OR YOUR ENCRYPTED PRIVATE KEYS AND YOU HAVE NOT SEPARATELY STORED A BACKUP OF YOUR DIGITAL WALLET AND CORRESPONDING PASSWORD, YOU ACKNOWLEDGE AND AGREE THAT YOUR DIGITAL WALLET WILL BECOME INACCESSIBLE. None of the authors of the Software, Our organisation, employees and affiliates of Our organisation, or copyright holders can retrieve Your private keys or passwords if You lose or forget them, and none of the foregoing can guarantee transaction confirmation as they do not have control over the network.
3. RIGHTS, REPRESENTATIONS AND LIMITATIONS
Maintenance of Copyright Notices – You must not remove or alter any copyright notices on any copies of the Software.
Distribution – You may not copy, reproduce, republish, upload, encode, transmit or distribute the Software or the content of our websites to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise.
Prohibition on Reverse Engineering, Decompilation and Disassembly – You must not interfere in any way with the Software. This prohibition is absolute and includes, but may not be limited to, reverse engineering, decompilation or disassembly of the Software.
Insider Information – You shall not, and will not procure any third party to, use any information, material or data which a member of the public could not also legally obtain (“Insider Information”) on, or in conjunction with, the website. If You use or procure any third party to use Insider Information on the website, We may immediately terminate Your (and any relevant third parties’) NYCE Account.
Rental – You must not rent, lease or lend Our Software to any third party.
Support Services – We may provide You with support services related to the Software (“Support Services”). Any supplemental Software code provided to You as part of the Support Services shall be considered part of our Software and subject to these Terms.
Errors – Should an error occur in any area of the Software, we will seek to put all the parties into the position they would have been but for the occurrence of the error. Notwithstanding, we cannot guarantee that the Software will be error-free and we will not be liable or responsible for any losses or damages resulting from such errors.
We shall not be responsible or liable for any technical failure, loss or corruption of data while using Our Software, including but not limited to network failure, system or server crashes, power outages or damage caused by computer viruses, worms, logic bombs or other malicious software.
It may be a condition of using areas of Our Software that You must register and open a NYCE Account with Us. You agree that You will only maintain one NYCE Account with Us for these purposes and You agree and acknowledge that any and all offers or promotions are limited to one per individual. We reserve the right, at Our absolute discretion, to prevent You from receiving future offers or promotions, or to place any restrictions on Your NYCE Account for breach of this condition.
You represent that:
Your registered NYCE Account with Us is solely for Your benefit. You shall not allow any third party (including a relative) to use NYCE Account, password or identity to access or use Services or Software and You shall be fully responsible for any activities undertaken on Your NYCE Account by a third party. You will not reveal your account username or password to Your NYCE Account or Digital Wallet to any third party and You shall take all reasonable steps to ensure that such details are not revealed to any third party. You shall inform us immediately if You suspect that Your NYCE Account is being misused by a third party and/or any third party has access to Your NYCE Account, username or password so that We may investigate such matters and You will cooperate with Us, as We may reasonably request, in the course of such investigations.
You are responsible for maintaining the confidentiality of Your username and password for both Your NYCE Account and Digital Wallet on Your own computer, other device, internet access location or via any NYCE App from which you might use to access Our Services, and for any and all activity that occurs under Your account as a result of your failing to keep this information secure and confidential. If the allocated username or password combination is “hacked” on Your computer or device, due to any computer viruses or malware that is present on the computer or device that You access Your NYCE Account with, this is Your responsibility. You should report to Us any possible hacking attempts or security breaches from Your computer or installed NYCE App immediately.
You will not use Our Software or Services for any unlawful or fraudulent activity or prohibited transaction under the laws of any jurisdiction that applies to You or for any purpose that is prohibited by these Terms.
Compliance with applicable laws:
You may only use Our Software if it is legal for you to do so according to the laws that apply in Your jurisdiction. In addition to any other rights reserved herein.
By using Our Software, You agree to comply with all applicable laws regarding Your use and Your use is at Your sole option, discretion and risk
4. INDEMNITY
You agree to indemnify and hold harmless NYCE Affiliates Ltd and its officers, employees, parent, related or subsidiary companies from any and all claims, demands, liabilities, damages, costs and expenses (including all reasonable legal costs) made against NYCE Affiliates Ltd by any third party due to or arising out of or in connection with your use of the Services or Software.
5. INTELLECTUAL PROPERTY RIGHTS
The Software provided by Us and any copies made by You, including all intellectual property rights including all patents, inventions, copyrights, database rights, design rights (whether registered or not), trademarks, trade names, logos, trade secrets, know-how and all rights to sue for passing off or unfair competition and all applications for the same and all rights of a similar nature existing anywhere in the world (“Intellectual Property Rights”) therein, are and shall remain vested in Us and are Our exclusive property.
You acknowledge that the Software, the related Intellectual Property Rights including its object and source code and related proprietary information embodied in or related to them (“Proprietary Information”), contain valuable trade secrets of and are also protected by the copyright and patent laws of various countries. You agree that in accessing our Software You will keep the Proprietary Information in strict confidence and will not copy, reproduce or duplicate the Proprietary Information or any portion thereof in any form or medium, except as provided in these Terms.
All Intellectual Property Rights and Proprietary Information not expressly granted are reserved by Us.
We shall be at liberty to advertise, promote and generate goodwill in Services through media that We deem fit.
6. SECURITY REVIEWS
NYCE Affiliates Ltd is committed to adherence to all relevant regulations. By agreeing to these Terms, You expressly authorise Us to disclose Your personal information to any appropriate third party agency for the purposes of validating the information You have provided to Us. In addition, You also agree to provide Us with any additional information and/or documentation as We may reasonably request.
7. DISCLAIMERS
We do not promise that Our website or the Services or Software or any content, service or feature will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Services or Software will provide specific results. The Services and Software and information contained within the Software are provided on an ‘As Is’ basis without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness for a particular purpose. We do not warrant or assume responsibility for the accuracy, currency or completeness of any information, text, graphics, links or other items contained within the Services or Software. We make no warranties in respect of any harm that may be caused by the transmission of a computer virus, worm, or other such computer program. We further expressly disclaim any warranty or representation to authorised users or to any third party.
8. LIMITATION OF LIABILITY
In no event shall We be liable for any indirect, special, incidental, or consequential damages (including, without limitation, lost profits, business interruption, or lost information) arising out of use of or inability to use the Software, even if We have been advised of the possibility of such damages. In no event will We be liable for the content of the Software or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
You assume total responsibility for your use of the Services and Software. Your sole remedy against NYCE Affiliates Ltd for dissatisfaction is to stop using the Services or Software.
To the maximum extent permitted by law, We disclaim all warranties, conditions or other terms that may be implied into these Terms whether by law, statute or otherwise. We give no condition, warranty or other term whatsoever, either express or implied including, without limitation, any condition, warranty or other term as to the condition of any code, or as to merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or use of reasonable care and skill. To the extent permitted under any applicable laws We shall not be liable in contract, tort or otherwise for any loss or damage whatsoever arising in connection with the Software or these Terms. We shall not be liable for any indirect, special or consequential damages, or loss of profits, whether such damages or losses are known, foreseen, foreseeable or unforeseen.
9. FORCE MAJEURE
We shall not be liable for any failure that is a result of an act of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, internet or telephone service.
10. ENTIRE AGREEMENT
The Privacy Policy and information in relation to Our Services can be found on Our website and shall form an integral part of these Terms. These Terms, together with the Privacy Policy sets out the entire understanding between You and Us and supersedes all prior agreements, whether oral or written, in respect of the subject matter of these Terms and the provision of Services.
11. LANGUAGE
These Terms are presented in the English language. If there is any conflict in the meaning between the English language version of these Terms and any version or translation of it in any other language, the English version shall prevail.
12. SEVERABILITY
Each provision of these Terms is severable, one from the other, and if any one provision is found to be unenforceable for any reason by any competent court the remaining provisions shall be and remain in full force and effect.
13. ALTERATION OF OUR WEBSITE/APPLICATION AND CONTENT
We may, in Our absolute discretion, alter or amend any product offered on Our website or Apps at any time for the purpose of maintaining the website.
We may amend in Our absolute discretion these Terms from time to time. Amendments will be displayed in the updated Terms available from Our website. We will provide You with advance notice of any changes to these Terms, whenever feasible. It remains your sole responsibility to regularly review the contents of these Terms and your continued use of the website and Our Services after the effective date of changes hereto constitutes Your acceptance of the changed Terms.
14. CANCELLATION
You may de-register from NYCE Affiliates Ltd products at any time;
If You end Your subscription to Our Services, We will no longer provide further information or updates related to Your account or any NYCE application or service;
We may suspend or end Our provision of products and Services to You for any of the following reasons:
If the Services are unavailable for reasons outside of Our control and as set out in section 10;
If You do not comply with any provision relating to use of our Services as described in these Terms;
If You breach any other provision of these Terms and do not resolve the breach within seven (7) days of being requested by Us to do so; or
If You are in the private sector and do not pay charges or invoices on time.
15. GOVERNING LAW
These Terms shall be governed by and construed and interpreted in accordance with the laws of Hong Kong.
16. COMPLAINTS
We work diligently to ensure that Your experience of dealing with Us is a pleasant one. However, there may be occasions where You may wish to make a complaint regarding the Services. Should you wish to make a complaint regarding Us, or Our Services, then We request that You contact [email protected] within thirty (30) days of the incident occurring.
We will attempt to resolve Your complaint within twenty-one (21) days of receipt. We reserve the right to request further information or documentation from You as and when we see fit. This will enable Us to review Your complaint in full.