IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 19 AND THE AUTOMATIC RENEWAL AND CANCELLATION PROVISIONS IN SECTIONS 3 (c) AND 4 (d) - (g).
This Agreement constitutes a legal agreement between you ("User") and Quivi service LLC. d / b / a Quivi and its affiliates, parents and subsidiaries (collectively, "QUIVI" or "us"). This Agreement governs your use of our services and platform that facilitates communications between Users offered through our website located at www.quiviapp.com, since it can be periodically modified, relocated and / or redirected (the "Site"), and the mobile applications we offer (the "Applications").
Our services, platform, site and applications are collectively called "Virtual Platform". By accessing, using or registering on the Virtual Platform or any part of it, you expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement that we may publish from time to time. . Please read this agreement carefully. If you do not agree to accept and be bound by this Agreement, you must immediately stop using the Practical Platform. The acceptance of Quivi is expressly conditioned on your consent to this Agreement in its entirety. If we consider this Agreement to be an offer, acceptance is expressly limited to this Agreement.
By using the Virtual Platform, you represent and warrant that: (i) you are at least 18 years of age, at least the age legally required in the jurisdiction in which you reside, and can enter into binding contracts; and (ii) you have the right, authority and ability to enter into this Agreement and to comply with the terms and conditions of this Agreement, and that you will do so. When you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have the authority to act on behalf of that entity and bind it to this Agreement. To the extent permitted and except where prohibited by applicable law, these Terms of Use include:
Your agreement that either party can compel binding arbitration for most types of disputes, and your agreement to undergo an informal dispute resolution process for at least 30 days before the initiation of any claim (Section 19 ). Your agreement that class claims cannot be adjudicated (Section 19). Your acknowledgement and agreement to pay the Quivi trust and support fee that will be applied to each appointment of a requested service paid through the Quivi platform (Section 3 (f)). Your acknowledgment and acceptance of Quivi's inactive account service fees (Section 3 (i)). Your recognition and acceptance of Quivi's cancellation policies and fees (Section 4 (e)).
If you enroll in a recurring Service, Minimum Commitment Plan and / or a Quivi elite membership under these Terms, your agreement that your plan and / or membership will automatically renew after an initial period if you do not cancel in accordance with these Terms (Section 3 (c), Sections 4 (d) - (f)). Your agreement to release Quivi from liability based on claims related to the Services and otherwise (Section 17) and your agreement to limit the time within which a claim can be filed (Section 22). Your agreement to indemnify Quivi for claims due to its use, misuse or inability to use the Quivi Platform, the Merchandise and / or Services, your violation of this Agreement, the applicable laws or the rights of third parties, and / or the content or the information sent from your account to the Virtual Platform (Section 18). Your consent to any modification or amendment to this Agreement (Section 23). Your consent to the collection, use, exchange and transfer of your data as described in the Privacy Policy and updated periodically. Quivi's sole responsibility for disputes is set forth in the Practice Guarantee (Section 3 (d)). Home improvement references (as described in Section 3 (g)) are NOT covered by the Practice Guarantee. Your agreement that the Quivi Guarantee is limited only to Payments paid by Applicants through the Virtual Platform for Services that are reserved and paid through the Virtual Platform, and does NOT apply to Home Improvement References or any Services obtained from such Home Improvement References.
b. Background checks and licenses. QUIVI CHECKS PROFESSIONAL FUNDS THROUGH THIRD PARTY FUND CHECKING SERVICES PROVIDED, HOWEVER, FOR PROFESSIONALS APPLYING THROUGH HOME CLEANING SERVICE REFERENCES AND FOR PROFESSIONALS WHO ARE SEASONAL CHECKS. OWNER / PRINCIPAL OF THE COMPANY. However, each Applicant must act with caution and common sense to protect their security and personal property, just as they would when interacting with anyone they do not know. Certain states may require statewide licenses for projects in excess of the specified dollar amounts. We recommend that you confirm these licensing requirements with the company and the applicable state and local licensing authorities. In some states, the local or county authorities in which the work is performed may require licenses. We recommend that you confirm these license requirements before continuing with your project. We always recommend that you ask the professional to provide you with a copy of your license. QUIVI MAKES THE SCREEN ONLY AT THE TIME THE PROFESSIONAL APPLIES TO REGISTER FOR THE QUIVI PLATFORM. QUIVI CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFESSIONAL BACKGROUND VERIFICATION VERIFICATION AND PROFILE INFORMATION IS UPDATED. QUIVI IS UNDER NO OBLIGATION TO UPDATE THE BACKGROUND VERIFICATION OR PROFESSIONAL PROFILE. BY USING THE VIRTUAL PLATFORM AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE APPLICANT AGREES TO KEEP HANDLESS FREE OF LIABILITY FOR ANY LIABILITY OR DAMAGE ARISING FROM PROFESSIONAL SERVICES. QUIVI IS NOT RESPONSIBLE FOR THE CONDUCT, ONLINE OR OFFLINE, OF ANY USER, INCLUDING PROFESSIONALS, AND SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROFESSIONAL SERVICE.
b. Account, Password and Security. You are the only authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us to access the Virtual Platform. You are solely and fully responsible for all activities carried out with your password or account, except that Quivi may, in certain circumstances, access your account to make the changes you request, such as rescheduling a service appointment. Quivi has no control over the use of any user's account by the user or third parties and expressly disclaims any liability arising therefrom. If you suspect that an unauthorized party may be using your password or account, or if you suspect any other security breach, you should contact us immediately at www.quiviapp.com/help. Nothing in this section will affect Quivi's rights to limit or end the use of the Quivi Platform, as set forth below in section 4 (b).
C. Proof of identity. You will provide us with proof of identity that we may reasonably request from time to time.
D. Text messages and phone calls. By using the Quivi platform, you expressly accept and agree to accept our communications, including by fax, text messages (SMS), calls, push notifications and other reasonable means at any of your contact numbers or addresses, even if you are listed in any applicable federal, state, provincial or other "Do Not Call" list, so that we can provide the services established on the Virtual Platform, to service your account, to reasonably address matters related to your account, including, but not limited to notifying you or confirm appointments you have scheduled, or for other purposes reasonably related to your service request, including marketing related emails. The standard text messaging charges charged by your cell phone provider will apply to the text messages we send you. By consenting to Quivi contacting you, you understand and agree that you may receive communications, including marketing communications generated by automated telephone dialing systems and / or that will deliver pre recorded messages, sent by or on behalf of Quivi, its affiliates, subsidiaries, parents and / or Users / Professionals, including, among others: operational communications related to your account or the use of the Quivi Platform or Services, updates on new and existing functions on the Quivi Platform, communications about promotions made by us and news about Quivi and industrial developments. For certain Professional Services, you also expressly authorize Quivi to send you an automated pre recorded call confirming your Professional Services request, along with calls from up to four Professionals who can assist you with your request to the landline or mobile number you provided, and understand that Quivi or professionals may use automated telephone technology (including pre-recorded and dialed messages) to call you and that your consent is not required to purchase products or services. You agree that by using the Quivi Platform and requesting Professional Services, you are entering into a business relationship with Quivi and / or Professionals and, therefore, you agree to be contacted by Quivi and / or Professionals. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the virtual Platform or the Services. If a contact number you have provided to us is no longer your number, you agree to notify us immediately that you can no longer be reached at that number. You represent that you have received, and are authorized to transmit to us, the consent of any authorized user on your account for us to contact us as described in this Section. You agree that all consents provided in this Section will survive the termination of your account. You can choose not to receive marketing or promotional text messages or calls from Quivi at any time. You can choose not to receive all Quivi text messages (SMS) (including informational or transactional messages) by replying with the word "STOP" to a text message from us; however, you acknowledge that choosing not to receive all texts may affect your use of the virtual Platform or the Services. You also acknowledge that Quivi or its external service providers may record customer service calls after notifying you and with your consent, to assist you when contacting our customer services. You agree to use Quivi from a service provider to mask your phone number when you call or exchange text messages (SMS) with a professional or applicant using a phone number provided by Quivi. During this process, Quivi and his Service providers will receive and store call data in real time, including the date and time of the call or text message (SMS), the parties' phone numbers and the content of text messages (SMS). You agree to the masking process described above and to Quivi's use and disclosure of the data in this call for your legitimate business purposes.
KNOWING FALSE INFORMATION WITH SATISFACTION, INCLUDING, BUT NOT LIMITED TO THE NAME, PHONE NUMBER, ADDRESS, OR EMAIL ADDRESS, IS A VERY SERIOUS AND FRAUDULENT MATTER WHICH COULD RESULT IN DEEPLY COSTS AND DAMAGES, INCLUDING HANDS AND PROFESSIONALS TO CONSUMERS, AS WELL AS TIME LOSS, EFFORT AND EXPENDITURE RESPONDING TO AND FOLLOWING SUCH INFORMATION AND FALSE APPLICATION, AND MAY ALSO RESULT IN REGULATORY FINES AND PENALTIES. THEREFORE, IF YOU ENTER FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO ANY NAME, EMAIL ADDRESS, PHYSICAL ADDRESS OR TELEPHONE NUMBER OR NAME, ADDRESS, EMAIL NUMBER, OR TELEPHONE NUMBER OR TELEPHONE NUMBER OR RESPONSIBLE WITH QUIVI AND EACH PROFESSIONAL WHO PROVIDES SUCH PROFESSIONAL SERVICES, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $ 11,000 FOR EACH ONE OF QUIVI AND EACH OF THE PROFESSIONALS AFFECTED AND FOR EACH PERSON (S) AFFECTED BY ANYONE OF THE INCORRECT, INCORRECT OR FRAUDULENT INFORMATION THAT ENTERS (FOR EXAMPLE, THE REAL OWNER OF THE EMAIL ADDRESS OR TELEPHONE NUMBER, ETC.), BY INCORRECT SHIPPING, IN ADDITION TO COSTS OF LAWYERS, COSTS AND EXPENSES . , OR (2) THE ACTUAL, DIRECT, PUNITIVE AND CONSEQUENTIAL DAMAGES, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY BE CAUSED BY SUCH INTENTIONAL ACTIVITY, DECEPTIVE, AND FRAUDULENT, MORE LEGAL, RISKFUL AND RISKFUL .
and. Emails. Quivi may send you confirmation and other transactional emails related to Professional Services. Quivi and its affiliates, subsidiaries and parents may also send you emails about other services that we think may interest you ("promotional emails"). You can unsubscribe from promotional emails at any time by clicking unsubscribe from our email communications or by contacting us.
to. Payments Applicants are obliged to pay in advance for the Professional Services and / or Merchandise they OBTAIN through the virtual Platform ("Payments"). Before the scheduled Professional Service, we will charge the Applicant's credit card according to the amount that the Applicant has agreed on the Virtual Platform regarding those Professional Services and / or Merchandise, the Applicant has requested, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a professional Service, as well as the Escrow and support Fee (as defined in 3 (f) below), and the Applicant hereby authorizes us to charge the credit card on file in the Applicant The platform account for such amounts. We will use third-party services to process credit card information. By agreeing to this Agreement, you are giving Quivi (or a third-party payment processor on behalf of Quivi) permission to charge your credit card, debit card, or other approved payment methods for the fees you owe Quivi. Depending on the transaction you selected or the services requested, Quivi may charge you once or on a recurring basis. All information you provide in connection with a purchase or transaction or other monetary transaction interaction with Professional Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Quivi. at the prices prevailing when such charges are incurred. We reserve the right, at our sole discretion, to suspend the Applicant's credit card for an ordered or completed Professional Service transaction. Seventy-two (72) hours after a Professional Service is completed, if the Applicant does not file a complaint, we will mark the Professional Service as closed. Except for professional services that are requested through home services referrals, all applicants' payments must be made through the practical platform. Professional Services requested through Home Improvement Referrals, Payments Paid, or Professional Services scheduled or obtained outside of the virtual Platform are not subject to our Practice Guarantee in Section 3 (d). Except for the Practice Guarantee in Section 3 (d), and the Refund Policy in Section 3 (e), no refunds or credits will be granted once the Applicant's credit card has been charged, except to our Exclusive discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific promotions, or to correct any mistakes we have made. While we will make all commercially reasonable efforts to ensure the security of all credit cards and all other personal information, we expressly disclaim any responsibility for any damages that may result if any information is disclosed to third parties, and you agree to hold us harmless for any damage that may result from it. Applicants will be responsible for all taxes on transactions in the Professional Service (s) other than income based on Quivi. If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to Quivi or third parties, then Quivi may withhold any payment for as long as we determine the risks related to Quivi or third parties persist. For any amount that we determine you owe us, we may (i) offset any amount you may pay us (in reimbursement or otherwise) against any payment we may make to you or the amounts owed to you; (ii) invoice you the amounts due, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credit to your bank account; or (iv) collect payment or reimbursement from you by any other legal means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may, in our sole discretion, permanently withhold any payment.
b. Job rate. The fee for a Professional Service ("Job Fee") as determined by Quivi depends on factors such as the location and frequency with which a recurring Service is requested, and payment terms may increase. Therefore, the same Professional Service may cost more in a different location or if the Professional Service is ordered less frequently. However, you will be notified prior to any payment increase with sufficient notice to allow you to cancel the Recurring Service as set forth herein.
C. Recurring service with automatic renewal and recurring charges. (i) Recurring Service: When requesting certain Professional Services, Applicants may have the option to choose to have the Professional Service repeated on a regular basis ("Recurring Service"). For example, an Applicant may choose to have a cleaning done every two weeks. When an Applicant chooses a Recurring Service, the Quivi platform will automatically schedule that Recurring Service to occur at future dates indefinitely at the frequency requested by the Applicant. Quivi cannot guarantee that the same professional will be available for each recurring service appointment or that recurring service appointments will not be canceled.
(ii) BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When an Applicant subscribes to a Recurring Service, the Applicant will be charged immediately for the initial reservation. THEREFORE, THE APPLICANT'S AGREEMENT TO PAY FOR PROFESSIONAL SERVICE WILL BE AUTOMATICALLY RENEWED AND THE APPLICANT'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO THE APPLICANT AT THE TIME OF ENROLLMENT, AT THE TIME OF ENROLLMENT AT THE TIME OF ENROLLMENT. SERVICE APPOINTMENT AS WELL AS ANY CHARGES AND CANCELLATION TAXES APPLICABLE. (iii) CANCELLATION OF THE RECURRING AUTOMATIC RENEWAL SERVICE: Applicants can cancel the Recurring Automatic Renewal Service AT ANY TIME by visiting the Quivi Help Center at www.quiviapp.com/help or by sending a cancellation notice to Quivi service LLC .. APPLICANTS MUST CANCEL MORE THAN TWENTY-HOUR HOURS BEFORE THEIR NEXT PROFESSIONAL SERVICE TO AVOID THE CANCELLATION FEE AND / OR THEIR NEXT PROFESSIONAL SERVICE IN ACCORDANCE WITH THE QUIVI CANCELLATION POLICY AS ESTABLISHED IN SECTION 4 (e).
D Practice Guarantee.
The Quivi Warranty provides certain limited additional protections provided by Quivi for Professional Services. Subject to the exclusions below and the terms and conditions and limitations in this document, if you are not satisfied with the performance of a Professional Service, Quivi, in its sole discretion, (a) will have the specific Professional Service passed on or (b) compensate to Applicants the lowest amount of: (1) subject to the exclusions below, up to $ 2,500 per occurrence for losses resulting from property damage as a direct result of Professional negligence during the provision of a Professional Service or ( 2) up to USD $ 1,000 for losses resulting from damage to floors and articles containing granite, marble or any other stone work as a direct result of the negligence of a Professional during the performance of a Professional Service, the amount will be limited to up to USD $ 1,000; or (3) up to USD $ 2,500, in total, for losses derived from the theft of the property of an Applicant by a Professional during the execution of a Professional Service. The Service Applicant is eligible for the Practical Guarantee as long as the Applicant reports the problem within seventy-two (72) hours of the appointment of the Professional Service to our Applicant service by visiting the Practical Help Center at www.quiviapp.com// help. If the Service Applicant does not report the problem within seventy-two (72) hours after the Professional's termination of the Professional Service, the claim is not eligible for the Practical Guarantee. For Recurring Services, each Professional Service is treated as a separate event. If you have insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, auto insurance, or a general policy ("Personal Insurance"), you agree that your Personal Insurance is primary and the Warranty practical it is secondary. The Practical Guarantee will only compensate losses to the extent that your personal insurance does not cover otherwise and only as permitted in this document. iii. An Applicant will be covered by the Practical Guarantee for a Professional Service, subject to the exclusions in subsection (v) below, provided that:
The Applicant has accounted for and insured all valuables before the start of a Professional Service. iv. What is excluded from the Practical Guarantee? The "Practical Guarantee" does not cover the following:
Professional services requested through home improvement referrals;
losses due to articles that retain their functionality; (eg minor cosmetic damage, normal wear and tear, a television with a scratch on the bezel);
losses for fine arts, including but not limited to paintings, prints, printed photographs, paintings, tapestries, rare or art glass, art glass windows, valuable rugs, statues, sculptures, antique furniture, antique jewelry, bric -to- brac, porcelains, antique cars, coins, stamps, other collectibles, collections, furs, jewelery, precious stones, precious metals and similar goods of rarity, historical value;
How do I file a claim? The first report of a claim must be made within 72 hours after the termination of the Professional Service by the professional. After the first report, you will be asked to complete the completed claim form within 7 days of receipt. If you do not complete the claim form in full within 7 days of receipt, your claim will no longer be eligible for the Practice Guarantee. We urge you to read these terms and conditions before filing a claim. All claims will be reviewed on a case-by-case basis. During Quivi's claims evaluation process, you may be asked to provide detailed written information: (1) proof of ownership of the damaged / lost item; (2) proof of value of damaged / lost item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send Quivi the requested information. If you do not provide the requested information within the 30-day period and / or do not contact Quivi to coordinate an extension of time, your claim will be considered closed and you will no longer be eligible for the Quivi Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim for major damages; (B) assist and allow Quivi or its insurers access to inspect and make copies, photographs and recordings of everything related to the claim; (C) accept repairs and / or remediation by a professional; (D) accept a replacement only if repairs are not shown to be an option; (E) send the requested materials on the dates indicated by the Practical Resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of your claim is approved, then as a condition of any payment to you under the Quivi Guarantee, you will be required to execute and deliver the release agreement to Quivi within 14 days of receipt of the release agreement of Quivi, and assign to Quivi or its insurer the rights and resources it may have to recover the amounts paid in respect of an approved claim from any party that is financially responsible for the approved claims and any rights to any property that is recovered. The release agreement will be terminated and deemed void and void if not signed and returned to Quivi within 14 days of receipt and the claim will no longer be eligible for the Practice Warranty. and. Practical merchandise refund policy. I. If you decide that you do not want the Merchandise before it has been unpacked or opened, the Merchandise is broken, defective or otherwise damaged, or if the Merchandise you ordered does not fit in your home or your building refuses entry, you should contact the manufacturer or external distributor, as appropriate, of the Merchandise for a possible refund; as long as Quivi does not reimburse the cost of Professional Services. Quivi will not be responsible for any payment to you if you are unable to obtain a refund or replacement of the Merchandise from the manufacturer or external distributor, as applicable, of the Merchandise. ii If any merchandise breaks only in the course of providing the professional services, Quivi will remove and replace the broken merchandise (or, where applicable, the broken component of the merchandise) and re-perform the applicable professional services at no additional cost to you (however, provided that Quivi will not reimburse the cost of the Merchandise or reimburse the cost of Professional Services, except as established in section 3 (d) above).
F. quivi Trust and Support Fee quivi may charge an additional "Trust and Support Fee" to support the Quivi Platform, including costs related to background checks, insurance, customer support and related services provided by the Quivi platform. The Escrow and Support Fee will apply to each professional service appointment requested through the virtual Platform (for example, if you requested a recurring service, a Escrow and Support Fee may be charged on each recurring service appointment). The amount of the Trust and Support Fee may vary, but Quivi will retain it in full.
g "Home service references". Here is information about the assessment for professionals who provide professional services requested through home improvement referrals.
By entering your information and the application for which you want a professional, we will try to connect you with up to four professionals in your area, who may be interested in satisfying your need for service. However, we do not guarantee that we can meet your service needs with a Professional or that there are Professionals in your area who are capable or willing to complete your service needs.
ii Professional instant connection by phone immediately. If you request it, we will find a professional and connect you with them by phone.
iii For professionals who provide professional services requested through referrals for home services, we do not offer guarantees, warranties, or representations regarding such professional's abilities or commitments or the quality of work that he or she can perform. for you if you choose to retain your services We do not endorse or recommend the services of any particular professional. It is entirely up to you to assess the Professional and Professional's qualifications, and enter into a direct contract or reach an agreement with a Professional. We do not guarantee or guarantee the performance of any professional on the job or the result or quality of the services provided. Professionals are not employees or agents of Quivi.
iv. We may inform you of certain offers or discounts for professional services that are requested through referrals to home services. We do not perform and are not responsible for any of the Services requested by you in your service request. Your rights under the contracts you enter into with professionals are governed by the terms of those contracts and by applicable federal, state, provincial and local laws. We are not a party to such agreements. All applicable payments and taxes must be made to the Professional in accordance with the agreements.
h. Inactive account service fee. An account is considered inactive / inactive if it has been inactive for a period of six (6) months. The activity would include applying any part of a credit balance to the payment of Professional Services. When permitted by applicable law, an inactive account fee of up to $ 10 is applied monthly until the account is reactivated or the balance has reached zero. To reactivate your account, visit the Quivi Help Center at www.quiviapp.com/help.
to. Finished. This Agreement will continue in full force and effect until such time as it is terminated by you or us.
yes. Quivi termination. We may terminate this Agreement or terminate or suspend your right to use the Quivi Platform at any time for any reason or without it (including, but not limited to, if we believe that you have breached this Agreement or any policy posted on the Quivi Platform, or if we discover that you have engaged in inappropriate or offensive behavior (collectively, "Prohibited Conduct") by providing you with a written or email notice of such termination to the physical or email address you have provided to us, and the termination will be entered into effective immediately after such notification.Except in the event that we cancel or suspend your right to use the virtual Platform due to any prohibited conduct, we will fully refund payments for professional services that have not been performed or completed.or suspend your account for any reason, you are prohibited from registering and creating a new account with your name, a fa lso or borrowed, or the name of a third party, even if you may be acting on behalf of a third party. In addition to canceling or suspending your account, we reserve the right to take appropriate legal actions, including, but not limited to, seeking civil, criminal, and injunctive relief. By canceling your account, Quivi can delete the account and all the information it contains. You have no ownership rights to your account.
C. Termination by you. You can terminate this Agreement by ceasing to use the Quivi Platform completely and permanently (as long as there are no pending Professional Services requests under your password or account) and by closing any account you have opened on the Quivi Platform. If you attempt to terminate this Agreement while there are still pending Professional Services ordered under your password or account, this Agreement will not terminate until such Professional Services have been otherwise performed or canceled as quivi allows.
d. Cleaning plan with minimal commitment. (i) Minimum Engagement Plan Term: If you have selected a professional services cleaning plan with a minimum commitment ("Minimum Commitment Plan"), the term of your Minimum Commitment Plan begins on the date of your first appointment.
(ii) Minimum commitment plan cancellation fee: If you have selected a minimum commitment plan, you will be subject and charged a cancellation fee of up to $ 150 in the US. USA if you decide to terminate the professional services cleaning plan before the expiration of Your minimum commitment period.
(iii) Rescheduling of cleaning plan appointments during the minimum commitment period: If you have selected a professional services cleaning plan with a minimum commitment, you can reschedule any cleaning plan appointment free of charge at least 24 hours before the scheduled start time, provided that the rescheduled appointment will occur within the minimum commitment period. If you reschedule between 2 and 24 hours before a scheduled appointment for Professional Service, you will be charged a fee of USD $ 15. If you reschedule within 2 hours prior to a scheduled appointment for Professional Service, you will be charged the full amount of the Service professional. If you miss any cleaning plan appointment within the minimum commitment period or reschedule any cleaning plan appointment within the minimum commitment period outside of the minimum commitment period, your credit card will be charged for the appointment amount, and In addition, your account will be credited for the amount charged to you. Such merchandise credit will be available for use during the minimum commitment period only as a merchandise credit to use to book one-time replacement cleaning appointments or maintenance appointments, and after the minimum commitment period ends, you may apply such merchandise credits to cleaning appointments and maintenance staff appointments. No monetary refunds will be given for cleaning plan appointments that are missed within the minimum commitment period or any cleaning plan appointments within the minimum commitment period that are rescheduled outside of the minimum commitment period. In addition to the above, if you miss any cleaning plan appointment between 2 and 24 hours prior to a scheduled appointment, you will also be charged an additional USD $ 15 cancellation fee and if you miss any cleaning plan appointment within 2 hours Before a scheduled appointment, you will be charged the full amount of the appointment and will not be eligible for any credit.
(iv) Minimum commitment expiration; AUTOMATIC RENEWAL: Once your minimum commitment period is complete, your selected plan will remain active and become a recurring Service with no minimum commitment. The Quivi Platform will automatically schedule professional service appointments to be held at future dates indefinitely at the frequency requested by you.
YOUR AGREEMENT TO PAY FOR PROFESSIONAL SERVICE WILL BE AUTOMATICALLY RENEWED AND YOUR CREDIT CARD WILL BE CHARGED BASED ON YOUR SELECTED TIME AND FREQUENCY.
(v) CANCELLATION OF AUTOMATICALLY RENEWABLE RECURRING SERVICE AFTER THE END OF THE MINIMUM COMMITMENT PERIOD: After your minimum commitment period is completed, you can cancel your plan at any time by visiting the Quivi Help Center at www.quiviapp.com// help or by sending a notice of cancellation to Quivi service LLC., at the attention of: Legal, 3810 arcade trial, Lutz, Florida 33548. YOU MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO YOUR NEXT PROFESSIONAL SERVICE TO AVOID CHARGING YOU FOR CANCELLATION CHARGES AND / OR FOR YOUR NEXT PROFESSIONAL SERVICE IN ACCORDANCE WITH THE CANCELLATION POLICY ESTABLISHED IN SECTION 4 (e) BELOW.
m. Cancellation policy for cancellation of service by the applicant for cleaning plans without a minimum commitment, cleaning plans after the completion of the minimum commitment period and one-time professional service appointments. Quivi's cancellation policy (found at www.quiviapp.com/help) for specific professional services is as follows: Applicants may cancel their scheduled Professional Service appointments through the Quivi Platform at any time, subject to the following conditions: (i) if an Applicant cancels more than 24 hours prior to a scheduled professional service appointment, there is no cancellation fee; (ii) if an Applicant cancels between 2 and 24 hours prior to an appointment for Professional Service, a cancellation fee of $ 15 will be charged; and (iii) if the Applicant cancels during the 2 hours prior to a scheduled Professional Service appointment, the Applicant will be charged the full amount of the Professional Service. This cancellation policy applies both to reservations of a single professional service and to periodic appointments of the professional service. You can cancel a professional service appointment through the Quivi Help Center at www.quiviapp.com/help or by sending a cancellation notice to Quivi service LLC. Attn: Legal, 3810 arcade trial, lutz, florida 33548
F. Quivi. (i) Membership: Quivi may from time to time offer Applicants the opportunity to purchase one-time Professional Cleaning Services, provided that the Applicant first agrees to purchase an annual or monthly Quivi Membership.
(ii) AUTOMATIC BILLING AND RENEWAL: When you register for the first time and purchase Quivi membership, you will be billed immediately for your initial Quivi membership subscription period. BY ENROLLING IN QUIVI MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICE THROUGH QUIVI MEMBERSHIP, YOU AUTHORIZE TO ENABLE YOU TO BE CHARGED FOR YOUR INITIAL PERIOD OF MEMBERSHIP QUIVI AND A CURRENT YEARLY MONTHLY MEMBERSHIP IN TUE. HOUR. YOUR QUIVI MEMBERSHIP WILL BE RENEWED AUTOMATICALLY AND BEFORE THE BEGINNING OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE QUIVI MEMBERSHIP FEE APPLICABLE TO YOUR PAYMENT METHOD PROVIDED ON A RECURRING BASIS UNTIL CANCELED AS ESTABLISHED. UNLESS YOU NOTIFY US BEFORE A CHARGE YOU WISH TO CANCEL OR DO NOT WANT YOUR MANUAL TO BE SELECTED TO RENEW AUTOMATICALLY, YOU UNDERSTAND THAT YOUR MANUAL WILL SELECT AUTOMATICALLY AND AUTHORIZE IT MANUALLY (REQUIRE IT FROM YOU UNLESS REQUIRED BY YOU) OF APPLICABLE MEMBERSHIP AND ANY TAX, USING ANY ELIGIBLE PAYMENT METHOD THAT WE HAVE ON REGISTER FOR YOU.
(iii) Cancellation fees: the cancellation and reprogramming of any professional Cleaning Service while enrolled in MEMBERSHIP QUIVI is subject to the cancellation policy, including the payment of cancellation fees, as described in Section 4 ( e) above.
(iv) Refusal of payment: If the payment of an eligible payment method that Quivi has on file for you is declined, you must provide us with a new eligible payment method immediately or your QUIVI MEMBERSHIP will be canceled. If you provide us with a new eligible payment method and are successfully billed, your quivi membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
(v) CANCELLATION OF AUTOMATIC RENEWAL MEMBERSHIP: YOU WILL NOT BE CHARGED A QUIVI MEMBERSHIP FEE FOR THE FOLLOWING PERIOD IF YOU CANCEL YOUR QUIVI MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT RENEWAL DATE. You can cancel your quivi membership by visiting the Quivi Help Center at www.quiviservive.com/help or by sending a cancellation notice to Quivi service LLC. Attn: Legal, 3810 arcade trial, Lutz, Florida 33458. Next Cancellation of your quivi membership will continue to access your quivi membership until the end of your current pay period. If you cancel your quivi membership, quivi reserves the right to cancel any professional service appointments scheduled outside of the current Quivi membership payment period.
(vi) Quivi Membership Refunds: Quivi membership fees are not refundable, except as permitted only pursuant to this subsection (vi). Subject to the following sentence, if you cancel your purchase of membership within three days of (1) subscribing to quivi membership or (2) converting a free trial Quivi membership to a paid quivi membership, we will refund your quivi membership fee . Notwithstanding the preceding sentence, you are not eligible for any refund of the quivi membership fee (a) if you purchased quivi membership prior to the expiration of the minimum commitment period of a Professional Services cleaning plan with a minimum commitment or (b) if you have used your quivi membership to purchase any professional service.
(vii) Quivi Membership Plans / Promotional Trial Memberships: Quivi sometimes offers certain Applicants multiple trial memberships or other promotional memberships, which are subject to these Terms, unless otherwise stated in promotional offers.
g. Cancellation policy of services by professionals. Except for Professional Services that are requested through Home Cleaning Services Referrals, when a Professional cancels a scheduled appointment for Professional Service, the Virtual Platform generally notifies the Applicant and attempts to fulfill the Applicant's Professional Service request with another Professional. For Recurring Service Applicants, if a Professional Service appointment is canceled by a Professional, the Applicant will not be charged for that Professional Service appointment.
5 Links and plugins from other websites or media. Links (such as hyperlinks) from the Quivi Platform to plugins of sites or applications owned by, operated or controlled by third parties (collectively, "Third Party Sites") do not constitute Quivi's endorsement of the Third Party Sites or their content. Such links and plugins are provided as an information service, for reference and convenience only. Quivi does not control any third party sites and is not responsible for their content. It is your responsibility to evaluate the content and usefulness of the information obtained from the Third Party Sites. The use of any third party site is governed by the terms and conditions of use and the privacy policy of that third party site. ACCESS THIRD PARTY SITES AT YOUR OWN RISK. QUIVI EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH ITS USE AND / OR DISPLAY OF ANY THIRD PARTY SITE, AND YOU AGREE TO MAKE UNEXPECTABLE MANAGEMENT OF ANY LIABILITY WHICH MAY RESULT FROM THIRD PARTY SITES.
Presentation areas. The Quivi Platform may contain blogs, message boards, applications, opportunities to provide reviews, job postings, chat areas, newsgroups, forums, communities, and / or other message or communication facilities that allow Users to communicate with others. Users and with Quivi (collectively, "Shipping Areas"). Some areas in the Shipping Areas within the Quivi Platform will be public and Quivi will not be responsible for any information or material published in those public areas. Quivi may, at its discretion, publicly post submissions you submit to a non-public area of the Quivi Platform. You may only use the Submission Areas to send and receive messages and material that are relevant and appropriate to the applicable forum and that comply with this Agreement. "Your information" is defined as any information and materials that you provide to us or other Users in connection with your registration and use of the Practical Platform, including, but not limited to, information and materials that are published or transmitted for use in Shipping Areas. You are solely responsible for your information, and we are simply a passive conduit for your online distribution and publication of your information. You hereby declare and warrant that your information: (a) will comply at all times with this Agreement, including, among others, Section 7 (Rules for the use of the Virtual Platform) below, and with Section 2 (Personal Information; User Accounts) above; and (b) will not create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Providers (ISPs), customers or other partners or providers. You hereby grant us a non-exclusive, transferable, worldwide, perpetual, irrevocable, royalty-free, sublicensable right (across multiple levels) to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute all your information that is published in the shipping areas from or through your account on the Practical Platform, including, among others, all the images, videos, musical works and texts included in said publications and to those other persons and / or entities that Quivi may designate. The rights granted in this license have the limited purpose of operating, advertising, marketing, promoting and improving the Virtual Platform. We reserve the right to remove posts from Shipping Areas at our sole discretion.
Rules for the use of the virtual platform. During the term of this Agreement, Applicants may use the Virtual Platform for their personal use only (or for the use of a person, including a company or other organization that you validly represent). Applicants may use the Virtual Platform to request Professional Services only with respect to a location where the Applicant is legally authorized to perform Professional Services. Applicants may not use the Virtual Platform for any other purpose or in connection with any commercial endeavor without our prior written consent. Applicants agree to treat Professionals in a courteous and legal manner, to provide them with a safe and appropriate working environment that complies with all applicable laws and regulations, and to provide reasonable cooperation to Professionals to enable them to provide Professional Services. Applicants agree to comply with our complaint and other designated policies on the Site. Applicants acknowledge that their selected professional may not be available from time to time. You should NOT use the Virtual Platform (including, among others, the Shipping Areas) to perform any of the following actions:
to. Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may harm the operation of another's computer.
yes. Upload files that contain software or other material that violates the intellectual property rights or privacy or publicity rights of third parties.
C. Defame, abuse, harass, stalk, threaten or violate the legal rights (such as, among others, the rights of privacy and publicity) of others, including, among others, our staff and other Users.
d. Post a review or rating unless such review or rating contains your independent, honest and genuine opinion.
and. Use the Virtual Platform or any Professional Service for any purpose or in any way that violates local, state, national or international laws.
F. Post, post, upload, distribute, or disseminate any topic, name, material, or profane, defamatory, false, misleading, fraudulent, threatening, or illegal information, or any material, information, or content that involves the sale of counterfeit or stolen items.
g. Advertise or offer to sell any product or service for any business purpose or request employment or contract work that is not relevant to the services offered through the Virtual Platform. You may not request, advertise or contact Users in any way for employment, hiring or any other purpose that is not related to the Professional Services provided through the Virtual Platform without our express written permission.
h. Use the Virtual Platform to collect usernames and / or email addresses of members by electronic or other means without our prior written consent.
i. Take or send surveys, contests, pyramid schemes, or chain letters.
j. Impersonate another person or allow any other person or entity to use your ID to post or view comments or otherwise use your account.
k. Post the same note repeatedly (called "spam"). Spam is strictly prohibited.
l. Download any file posted by another User that you know, or should reasonably know, cannot be legally distributed through the Virtual Platform, or publish or upload any content for which you have not obtained the necessary rights or permissions to use accordingly . meter. Restrict or inhibit any other User from the use and enjoyment of the Virtual Platform.
n. It implies or states that any statement you make is endorsed by us, without our prior written consent.
or. Reverse, disassemble, decompile, translate, modify, adapt, license, sub-license, alter, copy, distribute, hack or interfere with the Handy platform, its servers or any connected network, use a robot, spider, manual processes and / or automatic or devices to extract data, track data, scrape or index the quivi platform in any way, or try to do any of the above.
P. Delete or alter, visually or otherwise, any copyright, trademark or registered trademark and rights of our property.
q. Upload content that is offensive and / or harmful, including, but not limited to, content that defends, endorses, approves, or promotes racism, bigotry, hatred, or physical harm of any kind against any individual or group of people.
r. Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular those under the age of 18, in an abusive, violent or sexual manner.
s. Register to use the quivi platform with different usernames or identities, after your account has been suspended or terminated.
t. Duplicate or archive any part of the Quivi Platform or any content or material contained on the Quivi Platform without Quivi's written permission.
or. Misrepresent any TCP / IP packet header or any part of the header information in any email post or newsgroup post or by providing false or misleading representations in the sender information, subject, locator or content of any electronic message .
v. Altering the transmission data without Quivi's consent.
w. Buy merchandise in order to resell it.
Without a job. Quivi provides a software platform that enables you to obtain certain home services that Quivi meets with independent professionals. Quivi is not the employer of any professional and professionals are not Quivi agents for any purpose. You acknowledge that we do not supervise, direct or control the work of a Professional or the Professional Services performed in any way.
Special promotions; Gift cards and vouchers.
to. Changes to promotions. We may occasionally provide certain promotional opportunities to Applicants. All promotions will be run at our sole discretion, and we can activate, modify or delete them at any time without prior notice. b. Promotional Coupons
Promotional coupons are only eligible for the specific services designated by Quivi. Promotional coupons are valid for a limited time only and expire on the date indicated when you receive the corresponding promotional coupon. If you do not use promotional coupons before the expiration date, the promotional coupon will be lost. Quivi reserves the right to cancel promotional coupons at any time. No refunds will be given for expired or canceled promotional coupons. ii) The practical promotional coupons have no intrinsic value, cannot be exchanged for cash, have no cash value and simply serve as a means of recognizing and providing an incentive to use the Virtual Platform. Promotional coupons cannot be purchased for cash and quivi does not sell promotional coupons. Promotional coupons are not refundable.
iii) Promotional coupons will not apply to sales, use, gross receipts, or similar transaction-based taxes that may apply to you, and / or ineligible service fees or charges.
iv. Your Quivi account will be billed for all fees and charges for the use of any ineligible service. Each promotional coupon can only be used once and your Quivi account will be billed for all fees and charges for the use of any eligible service that exceeds the amount of the promotional coupon available.
C. Referral discounts. In the event that you are provided with a code through which you can refer a friend to the Practice Platform in exchange for a referral discount, you should not use any online marketing or advertising to promote such code or to artificially increase the amount of credits granted. As an example, you may not post, provoke, solicit, or allow a third party to post such code on a coupon website, or use any paid search marketing, online advertising, forum posting, newsgroup posting, or email massive electronic to spread these codes. code. You may only share such code with your friends and personal acquaintances for legitimate reference purposes, as determined in our sole discretion. Practical referral discounts can only be redeemed for professional services. Helpful referral discounts have no cash value and cannot be redeemed for cash unless otherwise required by law. Without limiting our other rights and resources, we may terminate such code and / or your account for any breach of this Section. For questions or additional information, contact us at www.quiviapp.com/help.
d. Coupons
i. Coupons or promotional codes for special offers or discounts ("Coupons") may be available and may be used to pay in part or in full for Professional Services.
ii) You agree that you will only use one Coupon per person and will use Coupons in accordance with the Coupon terms and conditions.
iii) You agree that you will comply with all the terms and conditions of the Voucher.
iv. The use of coupons is subject to the following terms and conditions on gift cards
m. Gift cards
i. Practical gift cards ("gift cards") are redeemable for professional services only. Gift cards have no cash value and cannot be exchanged for cash unless otherwise required by law.
ii) Gift cards must be presented at the time of purchase and any available balance will be applied to your purchase.
iii) Gift Cards do not expire and there are no inactivity, downtime or service charges associated with Gift Cards.
iv. You agree that you will abide by all the terms and conditions of the Gift Card.
v. Gift cards are not replaceable if lost or stolen, and cannot be combined with any other gift cards, vouchers, gift certificates, or other coupons.
saw. Gift cards cannot be used for past purchases, credits or the purchase of gift cards, and cannot be used to make payments to third party items, the balance of a credit card.
vii. We reserve the right to limit the amounts of gift cards purchased by any person or entity and to cancel a gift card if we believe the gift card was obtained by fraudulent or unauthorized means.
Specifically, you cannot purchase or obtain more than $ 10,000 in Gift Card value in a single day, regardless of location, either on a single Gift Card or multiple Gift Cards. Additionally, you cannot purchase or obtain any Gift Card worth more than $ 2,000 in a single day.
viii. No credit card, line of credit, overdraft protection, or deposit account is associated with your gift card. Unused Gift Card balances are not transferable, and you cannot sell a Gift Card or exchange for exchange, although you may give a Gift Card to someone else.
ix. A gift card is void if it is copied, modified, transferred, purchased, or sold.
X. Gift card purchases are final and non-refundable. All sales are final
xi. We reserve the right to correct the balance of a Gift Card if we believe a billing error has occurred and we disclaim all responsibility for such billing errors.
xii. Gift Cards and their use are subject to this Agreement (including the Privacy Policy) and the use of a Gift Card constitutes your acceptance.
The applicable terms and conditions are subject to change without prior notice. If the laws regarding a Gift Card require additional or different terms and conditions, then those terms and conditions will apply. For questions or additional information, contact us at www.quiviapp.com/help.
xiii. In the event that you do not use your Gift Card for a certain period of time, we may be required to deliver the remaining balance of the Gift Card to a state under that state's Unclaimed or Abandoned Property Law. Although your Gift Card does not expire, if we are required to deliver the remaining balance of your Gift Card under a state's Unclaimed Property Law, we will, by operation of law, be released from any other obligation or liability with respect to your Gift Card and you may need to contact your state's Unclaimed Property Manager to try to recover the balance of your unused Gift Card. To protect your right to continue to use the remaining balance on your Gift Card, we will use reasonable efforts to exempt your Gift Card from state unclaimed property laws.
Intellectual property rights. The Quivi Platform, and the information, data, content and materials it contains are the property of Quivi and / or its affiliates, subsidiaries, parents and licensors, excluding the content generated by the User, which Quivi has the right to use as described below. . Practical materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. Quivi and / or its affiliates, subsidiaries, parents and licensors are and will continue to be the sole and exclusive owner of all rights, titles and interests in and over all intellectual property rights associated with the Quivi Materials. The use of quivi materials, other than those expressly permitted in this document, without the prior permission of Quivi and / or the corresponding rights holder is prohibited. Quivi service marks and trademarks, including but not limited to quiviapp.com/, and the Quivi logo are service marks owned by Quivi. All other trademarks, service marks, logos and / or trade names that appear on the Virtual Platform are the property of their respective owners. You may not copy or use any of the trademarks, logos or trade names that appear on the Practical Platform without the prior written consent of the owner.
Complaints of copyright and copyright agent. Quivi respects the intellectual property of others and expects users to do the same. Quivi will respond to properly filed notices of suspected copyright infringement that comply with applicable law. In the event that a person or entity believes in good faith that any material provided on or in connection with the Virtual Platform infringes the copyright or other intellectual property right of that person or entity (such person or entity, a "Claimant ") and submits to send Quivi a duly filed copyright notice as outlined below, Quivi will investigate, and if it determines, in its sole discretion, that the material is infringing, Quivi will remove the content and may terminate access by the User who posted it said content on the Quivi Platform in the case of repeat offenders. All notices claiming copyright infringement must contain the following:
(i) Identification of the intellectual property right allegedly infringed. All relevant registration numbers or a statement of the applicant's ownership of the job must be included.
(ii) A statement that specifically identifies the location of the infringing material, with sufficient details for Quivi to find it on the Quivi Platform. Please note: simply providing a top level URL is not enough.
n. It implies or states that any statement you make is endorsed by us, without our prior written consent.
or. Reverse, disassemble, decompile, translate, modify, adapt, license, sub-license, alter, copy, distribute, hack or interfere with the Handy platform, its servers or any connected network, use a robot, spider, manual processes and / or automatic or devices to extract data, track data, scrape or index the quivi platform in any way, or try to do any of the above.
P. Delete or alter, visually or otherwise, any copyright, trademark or registered trademark and rights of our property.
q. Upload content that is offensive and / or harmful, including, but not limited to, content that defends, endorses, approves, or promotes racism, bigotry, hatred, or physical harm of any kind against any individual or group of people. r. Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular those under the age of 18, in an abusive, violent or sexual manner.
s. Register to use the quivi platform with different usernames or identities, after your account has been suspended or terminated.
t. Duplicate or archive any part of the Quivi Platform or any content or material contained on the Quivi Platform without Quivi's written permission.
or. Misrepresent any TCP / IP packet header or any part of the header information in any email post or newsgroup post or by providing false or misleading representations in the sender information, subject, locator or content of any electronic message .
v. Altering the transmission data without Quivi's consent.
w. Buy merchandise in order to resell it.
Without a job. Quivi provides a software platform that enables you to obtain certain home services that Quivi meets with independent professionals. Quivi is not the employer of any professional and professionals are not Quivi agents for any purpose. You acknowledge that we do not supervise, direct or control the work of a Professional or the Professional Services performed in any way.
Special promotions; Gift cards and vouchers.
to. Changes to promotions. We may occasionally provide certain promotional opportunities to Applicants. All promotions will be run at our sole discretion, and we can activate, modify or delete them at any time without prior notice. b. Promotional Coupons
i. Promotional coupons are only eligible for the specific services designated by Quivi. Promotional coupons are valid for a limited time only and expire on the date indicated when you receive the corresponding promotional coupon. If you do not use promotional coupons before the expiration date, the promotional coupon will be lost. Quivi reserves the right to cancel promotional coupons at any time. No refunds will be given for expired or canceled promotional coupons
ii) The practical promotional coupons have no intrinsic value, cannot be exchanged for cash, have no cash value and simply serve as a means of recognizing and providing an incentive to use the Virtual Platform. Promotional coupons cannot be purchased for cash and quivi does not sell promotional coupons. Promotional coupons are not refundable.
iii) Promotional coupons will not apply to sales, use, gross receipts, or similar transaction-based taxes that may apply to you, and / or ineligible service fees or charges.
Your Quivi account will be billed for all fees and charges for the use of any ineligible service. Each promotional coupon can only be used once and your Quivi account will be billed for all fees and charges for the use of any eligible service that exceeds the amount of the promotional coupon available. C. Referral discounts. In the event that you are provided with a code through which you can refer a friend to the Practice Platform in exchange for a referral discount, you should not use any online marketing or advertising to promote such code or to artificially increase the amount of credits granted. As an example, you may not post, provoke, solicit, or allow a third party to post such code on a coupon website, or use any paid search marketing, online advertising, forum posting, newsgroup posting, or email massive electronic to spread these codes. code. You may only share such code with your friends and personal acquaintances for legitimate reference purposes, as determined in our sole discretion. Practical referral discounts can only be redeemed for professional services. Helpful referral discounts have no cash value and cannot be redeemed for cash unless otherwise required by law. Without limiting our other rights and resources, we may terminate such code and / or your account for any breach of this Section. For questions or additional information, contact us at www.quiviapp.com/help.
d. Coupons
i. Coupons or promotional codes for special offers or discounts ("Coupons") may be available and may be used to pay in part or in full for Professional Services.
ii) You agree that you will only use one Coupon per person and will use Coupons in accordance with the Coupon terms and conditions.
iii) You agree that you will comply with all the terms and conditions of the Voucher.
iv. The use of coupons is subject to the following terms and conditions on gift cards
m. Gift cards
i. Practical gift cards ("gift cards") are redeemable for professional services only. Gift cards have no cash value and cannot be exchanged for cash unless otherwise required by law.
ii) Gift cards must be presented at the time of purchase and any available balance will be applied to your purchase.
iii) Gift Cards do not expire and there are no inactivity, downtime or service charges associated with Gift Cards.
iv. You agree that you will abide by all the terms and conditions of the Gift Card.
v. Gift cards are not replaceable if lost or stolen, and cannot be combined with any other gift cards, vouchers, gift certificates, or other coupons.
saw. Gift cards cannot be used for past purchases, credits or the purchase of gift cards, and cannot be used to make payments to third party items, the balance of a credit card.
vii. We reserve the right to limit the amounts of gift cards purchased by any person or entity and to cancel a gift card if we believe the gift card was obtained by fraudulent or unauthorized means.
Specifically, you cannot purchase or obtain more than $ 10,000 in Gift Card value in a single day, regardless of location, either on a single Gift Card or multiple Gift Cards. Additionally, you cannot purchase or obtain any Gift Card worth more than $ 2,000 in a single day.
viii. No credit card, line of credit, overdraft protection, or deposit account is associated with your gift card. Unused Gift Card balances are not transferable, and you cannot sell a Gift Card or exchange for exchange, although you may give a Gift Card to someone else.
ix. A gift card is void if it is copied, modified, transferred, purchased, or sold.
X. Gift card purchases are final and non-refundable. All sales are final
xi. We reserve the right to correct the balance of a Gift Card if we believe a billing error has occurred and we disclaim all responsibility for such billing errors.
xii. Gift Cards and their use are subject to this Agreement (including the Privacy Policy) and the use of a Gift Card constitutes your acceptance.
The applicable terms and conditions are subject to change without prior notice. If the laws regarding a Gift Card require additional or different terms and conditions, then those terms and conditions will apply. For questions or additional information, contact us at www.quiviapp.com/help.
xiii. In the event that you do not use your Gift Card for a certain period of time, we may be required to deliver the remaining balance of the Gift Card to a state under that state's Unclaimed or Abandoned Property Law. Although your Gift Card does not expire, if we are required to deliver the remaining balance of your Gift Card under a state's Unclaimed Property Law, we will, by operation of law, be released from any other obligation or liability with respect to your Gift Card and you may need to contact your state's Unclaimed Property Manager to try to recover the balance of your unused Gift Card. To protect your right to continue to use the remaining balance on your Gift Card, we will use reasonable efforts to exempt your Gift Card from state unclaimed property laws.
Intellectual property rights. The Quivi Platform, and the information, data, content and materials it contains are the property of Quivi and / or its affiliates, subsidiaries, parents and licensors, excluding the content generated by the User, which Quivi has the right to use as described below. . Practical materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. Quivi and / or its affiliates, subsidiaries, parents and licensors are and will continue to be the sole and exclusive owner of all rights, titles and interests in and over all intellectual property rights associated with the Quivi Materials. The use of quivi materials, other than those expressly permitted in this document, without the prior permission of Quivi and / or the corresponding rights holder is prohibited. Quivi service marks and trademarks, including but not limited to quiviapp.com/, and the Quivi logo are service marks owned by Quivi. All other trademarks, service marks, logos and / or trade names that appear on the Virtual Platform are the property of their respective owners. You may not copy or use any of the trademarks, logos or trade names that appear on the Practical Platform without the prior written consent of the owner.
Complaints of copyright and copyright agent. Quivi respects the intellectual property of others and expects users to do the same. Quivi will respond to properly filed notices of suspected copyright infringement that comply with applicable law. In the event that a person or entity believes in good faith that any material provided on or in connection with the Virtual Platform infringes the copyright or other intellectual property right of that person or entity (such person or entity, a "Claimant ") and submits to send Quivi a duly filed copyright notice as outlined below, Quivi will investigate, and if it determines, in its sole discretion, that the material is infringing, Quivi will remove the content and may terminate access by the User who posted it said content on the Quivi Platform in the case of repeat offenders. All notices claiming copyright infringement must contain the following:
(i) Identification of the intellectual property right allegedly infringed. All relevant registration numbers or a statement of the applicant's ownership of the job must be included.
(ii) A statement that specifically identifies the location of the infringing material, with sufficient details for Quivi to find it on the Quivi Platform. Please note: simply providing a top level URL is not enough.
(iii) The Claimant's full name, address, telephone number, and email address.
(iv) A statement that the Claimant has a good faith belief that use of the allegedly infringing material is not authorized by the copyright owner, its agents, or the law.
(v) A statement that the information in the notification is accurate and, under penalty of perjury, the Claimant is authorized to act on behalf of the owner of the copyright or other property rights allegedly infringed;
(vi) A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed. The Quivi contact information for the notice of alleged copyright infringement is: Email: quiviservice@gmail.com Or by mail: For the attention of: Copyright Agent Quivi service LLC. 3810 arcade trial, apart 301, LUTZ, florida 33458
to. The Virtual Platform may allow you to access our services, download our applications, upload content to the Virtual Platform and receive messages on your mobile device (collectively "Mobile Features"). The operator of your mobile device may prohibit or restrict certain mobile functions and certain mobile functions may be incompatible with your operator or mobile device. Additionally, your mobile device provider may charge you for standard messages, data, and other fees to participate in the Mobile Features. We have no responsibility or liability for any fees or charges you incur in using the Mobile Features. You should check with your mobile device provider to see if rates or charges will apply, what plans are available, and how much they cost. You should also contact your mobile device provider with any other questions related to these issues.
yes. You acknowledge that your use of the Applications is subject to the terms established in the terms of service of the third party that provides the mobile device on which the Application operates (for example, Apple iOS or Android).
C. Quivi is not responsible if you do not have a compatible mobile device or if you download the wrong version of an application for your mobile device. Quivi reserves the right to terminate use of the Applications or any other aspect of the Quivi Platform in the event that you are using the Applications or the Quivi Platform with an incompatible or unauthorized device.
re. App Store App Store.
(i) With respect to the applications accessed or downloaded from the Apple App Store ("App Store Sourced Application"), you will use the App Store Sourced Application only:
(i) in an Apple-branded product running iOS (Apple's proprietary operating system software); and (ii) as permitted by the "Rules of Use" set forth in the Apple App Store Terms of Service. Quivi reserves all rights to Applications that are not expressly granted to you under this Agreement.
(ii) You acknowledge and agree that (i) this Agreement is valid between you and Quivi only, and that Apple is not a party to this Agreement that is not a third party beneficiary as set forth below, and (ii) Quivi, does not Apple is solely responsible for the App Store Sourced application and the practical content of the platform.
(iii) You acknowledge that Apple has no obligation to provide you with any maintenance or support services with respect to the App Store Application.
(iv) To the maximum extent permitted by applicable law, Apple will have no warranty obligation with respect to the App Store Application.
(v) Notwithstanding anything to the contrary in this document, and subject to the terms of this Agreement, you acknowledge that, only between Apple and Quivi, Quivi and not Apple is responsible for attending to any claim that you may have in relation to the Application. from the App Store. , or your possession and / or use thereof, including, among others, the following:
(i) product liability claims, (ii) any claim that the App Store Sourced application does not comply with applicable legal or regulatory requirements;
and (iii) claims derived from consumer protection or similar legislation.
(vi) Furthermore, you agree that if the App Store Sourced Application, or your possession and use of the App Store Sourced Application, infringes the intellectual property rights of a third party, you will not hold Apple responsible for the investigation, defense, solution and Release of such claims of intellectual property infringement.
(vii) You acknowledge and agree that Apple and Apple subsidiaries are third-party beneficiaries of this Agreement for App Store applications, and that, by accepting the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement for the App Store applications against you as a third party beneficiary thereof.
(viii) Without limiting the provisions of this Agreement, you must comply with all applicable third party agreement terms when using the App Store App.
You must be logged into your account in order to earn Spot Rewards. Cash rewards applied from any eligible purchase or activity can only be credited to your account. It may take twenty-four (24) hours or more for your account to be credited. Quivi will not be liable to you, or to you, or to any person or entity, in any way for losses, costs, or expenses incurred by a delay, error, or omission in crediting a qualified purchase or activity on your account. Quivi is not responsible for lost, stolen, or damaged rewards or taxes incurred in connection with rewards. Spot Reward cannot be used in conjunction with any other promotional or incentive offer from Quivi or any of its affiliates, subsidiaries or parents. Cash Rewards are void in the event of fraud, misuse or violation of any of the terms of the Agreement, or if sold for cash or other consideration. Some rewards may only be available to residents of a certain state. Quivi reserves the right to change, modify or update your Spot Reward and qualifying purchases and activities from time to time without notice. Spot Reward may be subject to additional terms; Please read each offer carefully for specific details, limitations and restrictions. If the Cash Reward is not used before the expiration date, the Cash Reward will be forfeited. Quivi reserves the right to cancel Spot Reward at any time. Refunds will not be awarded for expired or canceled point rewards.
to. Use of Lockbox. Useful sources or provides safe deposit boxes for eligible users based on geography and booking appointment history. However, Handy only searches for or provides users with safe deposit boxes. Quivi does not have information about the codes of the safe, except for the information entered by the User through the Handy Platform at the User's option. Quivi strongly recommends changing the lockbox code after each service. The user assumes full responsibility for changing the safe box code after each service and protecting the identity of the third party safe box code. The user makes more agreements and accepts that he will not use or abuse the safe in any way.
b. Out of control. Once the User acquires possession of the safe, Quivi has no immediate or direct physical control over the use of the safe and assumes no responsibility for the failure of the safe, or any delay caused by the safety box failure or consequential damage.
C. Key access. For your security, Quivi depends on the User providing and maintaining accurate access tickets through the Quivi Platform and will only disclose those tickets to Professionals who request User booking appointments. Once your password is placed in the safe, you agree that only you and / or a professional can access your password. You agree that you will not provide safe deposit codes and / or access to third parties.
r. Permitted and prohibited uses. The user agrees to use the safe only for legal purposes. You agree to use the safe only in a manner consistent with each and every Quivi law, regulation and policy and procedure. Quivi reserves the right to investigate and take action against any User who, in its sole discretion, violates this provision. Said action may include, without limitation, removing the User from the Virtual Platform.
Modifications to the practical platform. We reserve the right, at our sole discretion, to review, improve, modify or discontinue, temporarily or permanently, the Quivi Platform or any content or information on the Quivi Platform with or without notice. We will not be liable to any party for any modification or interruption of the Practical Platform.
Confidentiality. The term "Confidential Information" shall mean each and every Quivi trade secret, proprietary and confidential information, personal information, and all other Quivi information and data that are generally not known to the public or other third parties that may derive value, economic or otherwise, its use or disclosure. The Quivi platform contains secure components that can only be accessed by those who have been given a username and password by Quivi. The information contained in the secure components of the Practical Platform is confidential and proprietary. You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of Quivi and you agree that you will not use Confidential Information in any way that is not necessary for you to use the Quivi Platform as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any confidential information for any purpose. You must immediately notify Quivi in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of confidential information. You must implement reasonable technical, physical, and administrative safeguards to protect confidential information against loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification, or use. You must return all originals and any copies of each and every material containing confidential information to Quivi at the end of this Agreement for any reason.
Disclaimer of warranties;
Liability limitation.
to. USE OF THE VIRTUAL PLATFORM IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE VIRTUAL PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS AND PARTICULAR WARRANTIES. WITHOUT LIMITING THE FOREGOING, NOR MANUAL OR ITS AFFILIATES, PARENTS, SUBSIDIARIES, OR LICENSORS WARRANT THAT THE MANUAL PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR MAKE ANY WARRANTY OF ANY CONTENT AVAILABLE ON OR THROUGH THE MANUAL PLATFORM; NOR MAKE ANY WARRANTY IN RELATION TO THE REGISTRATION, ACCREDITATION OR LICENSE OF ANY PROFESSIONAL; NOR MAKE ANY WARRANTY WITH RESPECT TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE USEFUL PLATFORM, OR THE OPPORTUNITY, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLEXITY OR CONTENT OF THE SERVICES, PROFESSIONAL SERVICES, ANY PRODUCT, CONTENTS , INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE MANUAL PLATFORM OR THIS AGREEMENT. ACCESS TO THE PRACTICAL PLATFORM IS PROVIDED FREE OF CHARGE AS A COURTESY. NI QUIVI NEITHER YOUR AFFILIATES, PARENTS, SUBSIDIARIES, OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, ONLINE OR WITHOUT CONNECTION, OF ANY USER OF THE QUIVI PLATFORM. NEITHER QUIVI NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES, OR LICENSORS WARRANT THAT THE QUIVI PLATFORM IS FREE OF VIRUSES, WORMS, TROY HORSES, OR OTHER HARMFUL COMPONENTS. QUIVI AND ITS AFFILIATES, SUBSIDIARIES, PARENTS AND LICENSORS CANNOT WARRANT AND DO NOT GUARANTEE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, PROVIDED BY YOU WILL NOT BE MISAPPROPRIATE, INTERCEPTED, DELETED, DESTROYED OR USED.
b. NO LIABILITY. YOU AGREE NOT TO HAVE HANDS, YOUR AFFILIATES, YOUR PARENTS, YOUR SUBSIDIARIES, YOUR LICENSORS, OR ANY AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS OR PARTICIPANTS (COLLECTIVELY, "MEMBERS") RESPONSIBLE FOR WHICH. EXPENSES, LOSSES, GAMES, CLAIMS AND / OR DISPUTES (COLLECTIVELY, "RESPONSIBILITIES") THAT HAVE ARISED OR MAY ARISE, IF KNOWN OR DISCLAIMED, RELATED TO YOUR USE OR INABILITY TO USE THE VIRTUAL PLATFORM, INCLUDING WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION HARASSMENT, HARASSMENT, ACTS OF PHYSICAL VIOLENCE AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ACTION, OR ACT. QUIVI OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES, THE PERSONS OR THE MEMBERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH THEIR USE OR INABILITY TO USE THE VIRTUAL PLATFORM OR ANY PROFESSIONAL SITES, OR INFORMED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE HAND GUARANTEE, UNDER NO CIRCUMSTANCES SHALL I BE LIABLE OR THE MEMBERS OF ANY DIRECT DAMAGES ARISING IN CONNECTION WITH THEIR USE OR INABILITY TO USE THE VIRTUAL PLATFORM OR ANY PROFESSIONAL SERVICES OR ANY PROFESSIONAL SERVICES OR ANY PROFESSIONAL SERVICES OR ANY PROFESSIONAL SERVICES OR ANY PROFESSIONAL SERVICES, ANY PROFESSIONAL SERVICES OR ANY PROFESSIONAL SERVICES. THE PARTIES WERE OR SHOULD BE INFORMED OF THEIR POSSIBILITY. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE QUIVI WARRANTY. QUIVI AND THE MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE QUIVI PLATFORM, PROFESSIONAL SERVICES, MERCHANDISE OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, REGARDLESS OF THE ABOVE EXCLUSIONS, IT IS DETERMINED THAT YOU SPEAK OR THE MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT SHALL THE ADDED LIABILITY, WHETHER IN CONTRACT, STRICT OR OTHERWISE OCCUR, EXCEED THE LESS THAN (1) TOTAL YOU THE HAND DURING THE SIX (6) MONTHS BEFORE THE TIME THE CLAIM CAME. OR (2) THE EXPRESSLY PERMITTED AMOUNT UNDER THE PRACTICAL WARRANTY AS ESTABLISHED IN SECTION 3 (d).
C. LAUNCH. QUIVI AND THE MEMBERS EXPRESSLY DISCLAIM ANY LIABILITY WHICH MAY ARISE AMONG USERS OF THE QUIVI PLATFORM. TO THE EXTENT THAT THE VIRTUAL PLATFORM CONNECTS A USER TO A THIRD PARTY SUPPLIER FOR THE PURPOSE OF PROVIDING OR OBTAINING GOODS HERE, QUIVI SHALL NOT BE LIABLE FOR ASSESSING THE SUITABILITY, LEGALITY, OR CAPACITY OF ANY THIRD-PARTY PROPERTY PROVIDER OF HOUSING AND ITS PROPERTY. OF ANY LIABILITY, CLAIMS OR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE THIRD PARTY SERVICE PROVIDER. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, RELEASE QUIVI AND THE MEMBERS OF ANY AND ALL CLAIMS, CLAIMS, OR DAMAGES (CURRENT, DIRECT OR CONSEQUENTIAL) OF ANY KIND AND NATURE, KNOWN AND DISAPPOINTED. , DISCLOSED AND NOT DISCLOSED DERIVATIVE OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. YOU EXPRESSLY DISCLAIM AND RELEASE ANY AND ALL RIGHTS AND BENEFITS (ANY ANALOGUE LAW FROM ANY OTHER STATE), READING THE FOLLOWING: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THE CREDITOR DOES NOT KNOW OR SUSPEND TO EXIST TIME TO EXECUTE THE RELEASE, WHICH, IF SHE KNOWS, SHOULD HAVE BEEN MATERIALLY AFFECTED BY THE DEBTOR. "
d. DISCLAIMER OF ADDITIONAL LIABILITY. YOU UNDERSTAND, THEREFORE, THAT BY USING THE VIRTUAL PLATFORM, YOU MAY BE EXPOSED TO PROFESSIONAL AND / OR MERCHANDISE SERVICES WHICH ARE POTENTIALLY DANGEROUS, OFFENSIVE, DANGEROUS, OTHERWISE AND OTHERWISE, AND THAT AT YOUR OWN RISK. NOTHING IN THIS AGREEMENT OR THE VIRTUAL PLATFORM CONSTITUTES, OR MEANS TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER, YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
BY USING THE USEFUL PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU SHOULD NOT USE THE QUIVI PLATFORM. YOU AGREE THAT, AS A CORPORATION, QUIVI HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT FILE ANY CLAIMS PERSONALLY AGAINST QUIVI OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY ESTABLISHED IN THIS AGREEMENT WILL PROTECT OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, SUBSIDIARIES, ASSISTANTS, ASSIGNORS, ASSIGNORS PRACTICAL. EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELATING TO THE LIMITATIONS OF LIABILITY SET FORTH HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE NEGOTIATION BETWEEN THE PARTIES.
Compensation. You hereby agree to indemnify, defend and hold harmless Quivi, its licensors and the directors, officers, parents, subsidiaries, affiliates, members, employees, agents, attorneys, contractors and independent vendors of each party, and against any claims, losses, expenses, liabilities, damages or claims (including attorney's fees and costs incurred), in connection with or as a result of, directly or indirectly: (i ) your use or misuse or inability to use the VIRTUAL Platform, any Merchandise and / or any Professional Service, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another (including, among others, professionals), and (v) your information and content that you send or transmit through the Virtual Platform. Quivi reserves the right, at its own cost, to assume the exclusive defense and control of any matter subject to its compensation. In any case, it will not resolve any claim or matter without Quivi's prior written consent.
Mutual arbitration agreement. to. Informal negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present or future, between you and Quivi, including, without limitation, any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Quivi may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or judicial proceeding. Such informal negotiations will begin by written notification. Your address for any notice in this section is your email address and / or physical address that you have provided to Quivi. The Quivi address for such notices is: quiviservice@gmail.com and / or by mail to quivi service LLC., Attn: Legal, 3810 arcade trial, apart 301, LUTZ, florida 33548. b. Arbitration.
If a Dispute is not resolved through Informal Negotiations, you and Quivi agree to resolve each and every Dispute (except those Disputes expressly excluded below) by final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement will be governed by the Federal Arbitration Law and will evidence a transaction that involves trade. The arbitration will commence and be conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where applicable, the AAA Supplemental Procedures for Disputes Related to the Consumer ("AAA Consumer Rules"), which are available on the AAA website (www.adr.org). Your arbitration fees and your share of the arbitrator's compensation will be governed by the AAA Rules (and, where applicable, limited by the AAA Consumer Rules). If you are unable to pay such costs, Quivi will pay all arbitration fees and expenses. Each party will pay its own attorneys' fees, subject to any remedies to which that party may be entitled under applicable law. The referee will make a decision in writing. Furthermore, the arbitrator, and not any federal, state or local court or agency, will have the exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement. However, the preceding sentence will not apply to the "Class Action Waiver" described in Section d below.
C. Excluded disputes. You and Quivi agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute that you seek to enforce or protect, or regarding the validity of any of your intellectual property rights or ours;
(2) individual claims in small claims court;
(3) any claim that an applicable federal statute expressly declares cannot be arbitrated; and
(4) any claim for temporary or preliminary precautionary measures due to the fact that without said measure the arbitration provided in this Arbitration Agreement may be null and void.
d. WAIVER OF RIGHT TO BE CLAIMANT OR CLASS MEMBER IN A CLASS ACTION.
You and Quivi agree to file any Dispute in arbitration on an individual basis, and not as a class action or class action. There will be no right or authority for any Dispute to be filed, heard or arbitrated as a class action or class action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and / or the applicable AAA Rules or the Consumer AAA Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver can only be determined by a court and not an arbitrator.
and. Rules / norms that govern the arbitration procedure. A party wishing to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration procedure no later than the expiration of the statute of limitations prescribed by applicable law for the submitted claim. The arbitrator will apply the statute of limitations that would have been applied if the dispute had been filed in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies will be limited to those that would be available to a party in his or her individual capacity, and no remedy that would otherwise be available to an individual under the law applicable to be lost The referee has no authority to apply any different substantive law. The parties have the right to make an appropriate civil discovery and present witnesses and evidence as necessary to present their cases and defenses, and any dispute in this regard will be decided by the arbitrator. The location of the arbitration procedure will take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction will have the authority to issue a ruling on the decision / award of the arbitrator.
F. Severability. You and Quivi agree that if any part of this section titled "Mutual Arbitration Agreement" is deemed illegal or unenforceable, that part will be cut and the rest of this section 19 will be in full force and effect.
Jurisdiction. Except for the Arbitration Agreement in Section 18, which is governed by the Federal Arbitration Law and unless prohibited by the law of the State in which you primarily reside, this Agreement is governed and interpreted in accordance with the laws of the State, United States of America, despite any principle of conflict of laws. For all disputes that are not subject to arbitration, you agree to submit to the jurisdiction and personal and exclusive jurisdiction of the courts located within the county.
Assignment. You may not assign or transfer this Agreement without our prior written approval. We may assign or transfer this Agreement without your consent, including, but not limited to, assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment that violates this section will be null and void. This Agreement will inure to the benefit of permitted successors and assigns.
General provisions. All provisions that, by their nature, should survive the expiration or termination of this Agreement, including but not limited to Sections 8, 10 and 14-24, will remain in effect. This Agreement does not purport to create or create an agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship. Our failure to enforce any provision of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and Quivi regarding your subject. If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions will apply to the fullest extent possible, and the remaining provisions will remain in full force and effect. You agree that, unless expressly stated otherwise in this Agreement, there will be no third party beneficiaries to this Agreement. You agree that, regardless of any statute or law to the contrary, any Dispute, claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such Dispute, claim or cause of action arose or be banned forever. All notices provided by a party in connection with this Agreement will be deemed to be delivered as of the day they are received, whether by email, courier, delivery service, or US mail. USA, prepaid, certified or registered postage, return receipt requested and addressed as follows: your address for such notices is your email address and / or physical address that you have provided to Quivi. Quivi's address for such notices is: quiviservice@gmail.com and / or by mail to quivi service LLC., Attn: Legal, 3810 arcade trial, apart 301, Lutz, florida, 33548.
Subtitles in this Agreement are for convenience only and should not affect the interpretation of this Agreement. This Agreement will not be modified, except in writing and signed by both parties or by a new Quivi publication, as described below. This Agreement will be interpreted as jointly drawn up by the parties. Quivi shall have no liability to you for any breach or delay in meeting its obligations under this Agreement when such breach or delay is caused by an event or circumstance beyond Quivi's reasonable control, including, but not limited to, strikes, lockouts. and other industrial disputes, breakdown of systems or access to the network, non-compliance by professionals, flood, fire, explosion, acts of terrorism or accident.
Changes to this Agreement. We reserve the right, in our sole and absolute discretion, to change, modify, add, supplement or remove any of the terms and conditions of this Agreement at any time, with or without notice. If any future changes to this Agreement are unacceptable to you or if you no longer comply with this Agreement, you must terminate and immediately cease using the Virtual Platform. Your continued use of the Virtual Platform after any revision of this Agreement constitutes your complete and irrevocable acceptance of any and all changes.
Severability These Terms will be considered separable. In the event that any provision is determined to be unenforceable or invalid, such provision will apply to the fullest extent permitted by law, and such determination will not affect the validity and applicability of any other remaining provision.
3810 arcade trial, apart 301, Lutz, Florida 33548 I AGREE THAT I HAVE READ AND UNDERSTAND THESE TERMS OF USE AND PRIVACY POLICY, AND I AGREE THAT MY USE OF THE QUIVI PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT WHICH IS SUBJECT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This terms and conditions is subject to change without notice.