Terms and conditions

BACKGROUND

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use our QEMISTRY mobile phone application and our website located at www.qemistry.co (“Our App”)

References to “Our App” refers to our website as well as our mobile phone application. 

BY DOWNLOADING OUR APP OR CLICKING ON THE "ACCEPT" BUTTON YOU ACCEPT THESE TERMS AND CONDITIONS WHICH WILL BIND YOU.   IF YOU DO NOT AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST STOP USING OUR APP IMMEDIATELY.  YOU WILL BE REQUIRED TO ACCEPT THESE TERMS AND CONDITIONS WHEN SIGNING UP FOR AN ACCOUNT.   

YOUR PRIVACY

WE ONLY USE ANY PERSONAL DATA WE COLLECT THROUGH YOUR USE OF OUR APP AND THE SERVICES IN THE WAYS SET OUT IN OUR PRIVACY POLICY.

PLEASE BE AWARE THAT INTERNET TRANSMISSIONS ARE NEVER COMPLETELY PRIVATE OR SECURE AND THAT ANY MESSAGE OR INFORMATION YOU SEND USING OUR APP OR ANY SERVICE MAY BE READ OR INTERCEPTED BY OTHERS, EVEN IF THERE IS A SPECIAL NOTICE THAT A PARTICULAR TRANSMISSION IS ENCRYPTED.

1. Definitions and Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

 

“Account”

means an account required for a User to access certain areas of Our App, as detailed in Clause 5;

“Code of Conduct”

means the code of conduct that we publish on Our App from time to time;

“Content”

means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our App;

Free Service

refers to the services we provide free of charge on Our App;

“Guidelines”

means any guidelines for Users that we publish on Our App from time to time;

Premium Service

refers to the services that you pay for on Our App;

Profile

means your area on Our App containing your personal description and videos which are accessible by other Users

Services

refers to Free Services and Premium Services.

“User”

means a user of Our App; and

“We/Us/Our”

means ICE CREAM LABS LTD, a company incorporated in England & Wales under Company number 12587849 whose registered office is at Flat 25 Balham High Road, Moira Court, London, United Kingdom, SW17 7AH.

 

2. Information About Us

2.1 Our App, www.qemistry.co is owned and operated by ICE CREAM LABS LTD, a company incorporated in England & Wales under Company number 12587849 whose registered office is at Flat 25 Balham High Road, Moira Court, London, United Kingdom, SW17 7AH

2.2 You can contact us at team@qemistry.co.

 

3. Access to our app

3.1 Our App requires a you to have a mobile telephone or handheld device at least iOS version 10 or Android 4.2 or higher operating system.

3.2 Access to Our App is free of charge unless you subscribe for the Premium Service.

3.3 Access to Our App is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our App (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our App (or any part of it) is unavailable at any time and for any period.

3.4 You authorise your Profile to be published on Our App and shared with other Users through the Services.

 

4. Use of our app

4.1 For personal use only, you may view other Users’ Profiles solely for the purpose of meeting other Users.

4.2 We license you to use:

4.2.1  the Qemistry mobile application software, the data supplied with the software as part of the Services, and any updates or supplements to it; and

4.2.2  the Services you connect to via Our App and the content we provide to you through Our App,

as permitted by these Terms and Conditions.

4.3 You may not download, copy, clip, print, or otherwise save extracts from pages on Our App or save pages from Our App for later and/or offline viewing nor may you distribute, sell, rent, sub-licence, store, or in any other manner re-use Content or any other material from Our App.

 

5. Accounts

5.1 Access to our Services require an Account in order to access them.

5.2 To create an Account you must provide the obligatory information (and any optional information) in order to complete your Profile. 

5.3 You may not create an Account if you are under 18 years of age

5.4 You may only have one Account and you may only use one mobile phone number for that Account. 

5.5 When creating an Account, the information you provide must be accurate and complete.  If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

5.6 We recommend that you choose a strong password for your Account.  We will not be liable for any unauthorised use of your Account.  You must not use anyone else’s Account.

5.7 If you wish to close your Account, you may do so at any time.  Closing your Account will result in the removal of your information and access to any Services.

5.8 If you close your Account, your Profile will be deleted.

 

6. Service and features

Free Service

6.1 Once you have registered and have an Account you will have access to the free features available on Our App.  These features may vary over time.  You are not allowed to access the features that are part of the Premium Service or any other Services that we decide is not a feature of the Free Service. 

Premium Service

6.2 If you purchase the Premium Service you will be allowed access to the Premium Service features described on Our App. These features may vary over time.

6.3 It is unlikely that we will reduce the Premium Service however we will give you notice of any changes that have the effect of reducing the Premium Service.  Such changes will not come into effect until after the subscription period in which we give you notice.  You will therefore have the opportunity to cancel your subscription if you are not happy with the changes.

Update to Our App and changes to our Services

6.4 From time to time we may automatically update Our App and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update Our App for these reasons.

6.5 If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using Our App and the Services.

 

7. Payment terms for our premium service

7.1 You will be guided through the subscription process when you purchase our Premium Service.

7.2 You have a legal right to a “cooling-off” period of 14 calendar days in which you can cancel for any reason.  However by purchasing the Premium Service, you are expressly requesting that you wish access to the Premium Service immediately (and you will be required to acknowledge this) and this means you lose your right to cancel during the “cooling-off” period. 

7.3 To cancel a Premium Service for any reason, please inform us by email at team@qemistry.co or using any of the methods provided on our contact page.

7.4 All refunds due to you will be made no later than 14 calendar days after the date on which We acknowledge your cancellation.  Refunds will be made to your original payment method.

7.5 You will asked to pay using one of the online payment services referred to on Our App and you will be required to set up a direct debit to make monthly payments in advance.  The Premium Service will automatically renew at the end of each monthly payment period until it is cancelled by you.   If you cancel during a month, no refund will be made for the month in which you cancel.

 

8. Intellectual property rights

8.1 We own Our App and all of the graphic components of Our App.  You own your Profile and your Content and licence both to us in accordance with clause 9.2 below.   With the exception of your Profiles and your Content, all Content on Our App and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. 

8.2 Our status as the owner and author of the Content on Our App (or that of identified licensors or Users, as appropriate) must always be acknowledged.

8.3 You may not download, copy, clip, print, or otherwise save extracts of any of our Content from pages on Our App or save pages from Our App for later and/or offline viewing nor may you distribute, sell, rent, sub-licence, store, or in any other manner re-use our Content or any other material from Our App.

 

9. Profile

9.1 You agree that you are solely responsible for your Profile and all of your Content and We do not verify the identity of other Users or the Profiles or Content provided by other Users.

9.2 You retain ownership of the content of your Profile and all Content that you provide to Our App.  By creating a Profile and providing Content to Our App, you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, irrevocable, worldwide licence to use, publish, reproduce and display your Profile and your Content for the purposes of operating Our App and providing the Services which includes a right for us to adapt, translate and digitise your Profile and your Content as necessary in order for us to deliver the Services.

9.3 If we want to use your Profile or Content for our marketing purposes we will ask your permission in accordance with Our Privacy Policy.

9.4 We may reject or remove your Profile and Content where, in Our sole opinion, the content of either violates these Terms and Conditions or it violates Our Code of Conduct or Guidelines, or if We receive a complaint from a third party and determine that the Profile or Content in question should be removed as a result.

 

10. Acceptable use

10.1   You agree to comply with our Guidelines and our Code of Conduct and that a breach of either will be a breach of these Terms and Conditions.

10.2   When submitting Profiles (or communicating in any other way using Our App), you must not submit, communicate or otherwise do anything that:

10.2.1   is sexually explicit;

10.2.2   is obscene, deliberately offensive, hateful or otherwise inflammatory;

10.2.3   promotes violence;

10.2.4   displays or involves weapons or firearms;

10.2.5   depicts, promotes or assists in any form of unlawful activity;

10.2.6   discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;

10.2.7   is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

10.2.8   is calculated or is otherwise likely to deceive;

10.2.9   is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;

10.2.10misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this clause);

10.2.11implies any form of affiliation with Us where none exists;

10.2.12infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or

10.2.13is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

10.3   You may only use Our App in a manner that is lawful and that complies with the following provisions:

10.3.1   you must not use Our App for any commercial purpose including solicitation or prostitution, you must not engage in any form of advertisement, invitation or encouragement to participate in any activity which has a commercial purpose;

10.3.2   you must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;

10.3.3   you must not provide a false Profile or Profile characteristics or publish false Content or use Our App in any way, or for any purpose, that is unlawful or fraudulent;

10.3.4   you must not use Our App to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

10.3.5   you must not use Our App in any way, or for any purpose, that is intended to harm any person or persons in any way.

10.4   We reserve the right to suspend or terminate your Account and/or your access to Our App if you materially breach the provisions of this clause or any of the other provisions of these Terms and Conditions.  Specifically, We may take one or more of the following actions:

10.4.1   suspend, whether temporarily or permanently, your Account and/or your right to access Our App;

10.4.2   remove your Profile (and please note your Profile may be deleted in accordance with clause 5.8);

10.4.3   issue you with a written warning;

10.4.4   take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

10.4.5   take further legal action against you as appropriate;

10.4.6   disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

10.4.7   any other actions that We deem reasonably appropriate (and lawful).

10.5   We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.

 

11. Advertising

We may feature advertising on Our App.  We are not responsible for the content of any advertising on Our App. 

 

12. Disclaimers and legal rights

12.1   We are not liable or responsible for your Profile or any Content that you provide to Our App and we expressly exclude all liability in relation to any interactions between Users that arise from using Our App or Services and regardless of whether those interactions take place online or face to face.

12.2   We are not liable or responsible for any consequences of you sharing information or uploading Content via our Services and you waive any right that you may have against Us and any claim you could bring against Us for infringement of any of your image rights, your reputation rights or your rights to secrecy or privacy.

12.3   You will be responsible for any loss or damage suffered by Us and arising from or in relation to your Profile or the Content that you provide to Our App or that arises as a result of your breach of these Terms and Conditions.

12.4   Nothing on Our App constitutes advice on which you should rely.  It is provided for general information purposes only. 

12.5   Insofar as is permitted by law, We make no representation, warranty, or guarantee:

12.5.1   about Users or their Profiles or their Content; or

12.5.2   that Our App will meet your requirements; or

12.5.3   that Our App will not infringe the rights of third parties; or

12.5.4   that Our App will be compatible with all software and hardware, or that it will be secure.

12.6   We do not make any representations, warranties or guarantees about the identity of Users or that their Profiles or Content are complete, accurate, or up-to-date.

12.7   We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in any Profile or Content submitted by Users.  Any such opinions, views, or values are those of the relevant User, and do not reflect Our opinions, views, or values in any way.

12.8   You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us in relation to any loss or damage that We suffer or that arises from or in relation to your Profile or your Content or any breach by you of these Terms and Conditions. 

 

13. Our liability

13.1   To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our App or the use of or reliance upon any Profile or Content (whether that Content is provided by Us or whether it is in the form of a Profile or Content submitted by Users) included on Our App or made available as part of the Services.

13.2   We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our App.

13.3   We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our App resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

13.4   Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.  For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

 

14. Viruses, malware and security

14.1   We exercise all reasonable skill and care to ensure that Our App is secure and free from viruses and other malware.

14.2   You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

14.3   You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our App.

14.4   You must not attempt to gain unauthorised access to any part of Our App, the server on which Our App is stored, or any other server, computer, or database connected to Our App.

14.5   You must not attack Our App by means of a denial of service attack, a distributed denial of service attack, or by any other means.

14.6   By breaching any of the above provisions you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our App will cease immediately in the event of such a breach.

 

15. Privacy and cookies

Use of Our App is also governed by Our Cookie and Privacy Policies, available from <<insert link to Cookie Policy>> and <<insert link to Privacy Policy>>.  These policies are incorporated into these Terms and Conditions by this reference.

 

16. Data protection

16.1   All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

16.2   For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy and Cookie Policy <<insert link to Privacy and Cookie Policy>> .

 

17. Communications from us

17.1   If you have an Account and we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.

17.2   We may from time to time send you important notices.  Such notices may relate to matters including, but not limited to, changes to the Services, changes to these Terms and Conditions, and changes to your Account.

17.3   We will never send you marketing emails of any kind without your express consent.  If you do give such consent, you may opt out at any time.  Any and all marketing emails sent by Us include an unsubscribe link. 

 

18. Changes to these terms and conditions

18.1   We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.

18.2   We will give you at least 30 days notice of any change by sending you an SMS with details of the change or notifying you of a change when you next start Our App.

18.3   If you do not accept the notified changes we may allow you to continue to use Our App and the Services in accordance with the existing terms but certain new features may not be available to you or we may not permit you to continue to use Our App or the Services.

 

19. Contacting us

To contact Us, please email us at team@qemistry.co or using any of the methods provided on Our Contact Page.

 

19. Law and jurisdiction

20.1   These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.