Terms and Conditions
Introduction: The mobile application “QRappointments” and www.qrappointments.com ("Service") is owned and operated by QR Transactions, Inc., a Florida Corporation ("QR”) and provided to you ("User" and/or “Users”) under the Terms & Conditions and Privacy Policy agreements and any operating rules or policies, prices, schedules, and any other supplemental documents which are expressly incorporated herein by reference in this Terms & Conditions and Privacy policy agreement. The Terms & Conditions and Privacy policy agreement comprises the entire agreement between User and QR and supersedes all prior agreements between the parties regarding the subject matter contained within the Terms & Conditions and Privacy Policy agreement. The Terms & Conditions and Privacy Policy agreements are subject to modifications by Company at any time. BY REGISTERING WITH THE SERVICE, ACCEPTANCE OF THE REGISTRATION, OR THE USE OF SERVICE INCLUDING THE ONLINE WEBSITE AND MOBILE APPLICATION, THE USER INDICATES AN AGREEMENT TO BE BOUND BY ALL OF THE FOLLOWING TERMS AND CONDITIONS AND PRIVACY POLICY AGREEMENTS. USER UNDERSTANDS THAT THE TERMS & CONDITIONS AND PRIVACY POLICY AGREEMENTS ARE SUBJECT TO CHANGE AND IS RESPONSIBLE FOR DISCONTINUING USE OF SERVICE IF USER DISAGREES WITH ANY MODIFICATIONS TO THE TERMS AND CONDITIONS AND PRIVACY POLICY AGREEMENTS.
1. DESCRIPTION OF SERVICES: QR is providing Users (defined as either Service Provider Users, or Customer Users – hereinafter also referred to as “user” or “users”) with the capability to store, retrieve, modify, or submit data electronically via a website, mobile application, or SMS (text messaging) for purposes of scheduling appointments, paying for a service, viewing and exchanging information, and collecting User data and location. Service Provider Users have other options, including but not limited to purchasing QR store merchandise. Both the Service Provider User and Customer User are responsible to (1). Provide accurate personal data necessary to create an account with the QR website or application, and (2). Abide by the Terms & Conditions and Privacy Policy agreements contained herein. In consideration for this Service, Users agree to: (1). Provide certain current, complete and accurate information about User as prompted to do so by the Service and (2). Maintain and update this information as required to keep it current, complete, and accurate. All information requested through the original sign up process shall be referred to as registration data ("Registration Data"). If any information provided by User is inaccurate, incomplete or misleading QR retains the right to terminate User's rights to use the Service immediately or request proof of identification to confirm the identity of the User.
2. MODIFICATIONS TO TERMS OF SERVICE: QR may, without the consent of the User, amend or modify the Terms & Conditions and Privacy Policy and from time to time, effective upon posting of the modified agreement to the Company’s website and/or application. Users are required to regularly visit QR’s website and application to obtain timely notice of any such amendments and/or review the most-current version of the Terms & Conditions and Privacy Policy. User's continued use of the Service constitutes an affirmative: (1) acknowledgement by User of the Terms & Conditions and Privacy Policy and its modifications; and (2) agreement by User to abide and be bound by the Terms & Conditions and Privacy Policy and its modifications to the extent allowed by applicable law
3. PRIVACY POLICY: It is QR’s policy to respect the privacy of Users. Registration Data and the contents of a User's private communications are covered by the terms of QR’s Privacy Policy published in its website and application at www.qrappointments.com/privacy-policy
4. LICENSE, LOGIN ID and PASSWORD: User hereby expressly acknowledges and agrees that it is being granted a nonexclusive revocable license to use the Service and have access to its features, including a QR Code (provided to User under this agreement, remains owned and controlled by QR, and User has no legal or implied ownership rights to same), appointment booking website URL, SMS communications, mobile application, appointment booking website, etc. In furtherance thereof, when User signs up with QR, User will create an initial login identification number (phone number) and password through which User will conduct its use of the Service. User will use the login identification number to access QR’s mobile application and www.qrappointments.com and create and modify all User proposal information managed by QR’s mobile application and www.qrappointments.com. The login identification number (phone number) and password is for the exclusive use of the User and may not be shared with or disclosed to any other person or entity. User is solely responsible to maintain the confidentiality of the login identification number and password. User agrees to immediately notify QR of any unauthorized use of User's account or any other breach of security known to User at www.qrappointments.com/contact and discontinue use of all QR services until further notice.
5. DISCLAIMER OF WARRANTIES: USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS'' AND "AS AVAILABLE" BASIS. QR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. QR MAKES NO WARRANTY WHATSOEVER THAT THE SERVICE WILL MEET USER'S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES QR MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED. USER EXPRESSLY UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. QR MAKES NO WARRANTY WHATSOEVER REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. QR ASSUMES NO RESPONSIBILITY FOR THE DELETION OR FAILURE TO STORE USER'S DATA ON THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM QR OR THROUGH THE SERVICE SHALL CREATE OR MAKE ANY MODIFICATION, EXTENSION, OR ADDITION TO ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO TO THE MINIMUM LIMITATIONS ALLOWED BY THE LAWS OF SUCH JURISDICTIONS, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO USER.
6. LIMITATION OF LIABILITY: IN NO EVENT WHATSOEVER SHALL QR, ITS EMPLOYEES, AGENTS, OFFICERS, OWNERS OR SHAREHOLDERS, BE LIABLE TO THE USER OR TO THIRD PARTIES FOR ANY DAMAGES CAUSED, IN WHOLE OR IN PART, BY THE USE OF THE SERVICE, THE INABILITY TO USE THE SERVICE, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, MESSAGES RECEIVED BY QR ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OF DATA, OR FOR ANY LOST REVENUES, LOST PROFITS, LOST SAVINGS OR OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES INCURRED BY USER OR ANY THIRD PARTY, EVEN IF QR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. QR'S LIABILITY ARISING FROM OR RELATED TO THIS TERMS & CONDITIONS AND PRIVACY POLICY AGREEMENT SHALL NOT UNDER ANY CIRCUMSTANCES EXCEED AN AMOUNT EQUAL TO THE MONTHLY FEE PAID BY USER, OR THE AVERAGE MONTHLY CHARGES INCURRED BY THE USER BASED ON THE AVERAGE OF THE USER’S LAST THREE MONTHS BILLING. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH CASE, AND TO THE MINIMUM LIMITATIONS ALLOWED BY THE LAWS OF SUCH JURISDICTIONS, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER. SHOULD ANY LITIGATION ARISE OUT OF THE TERMS & CONDITIONS AND PRIVACY POLICY AGREEMENT OR ANY OTHER DISPUTE BETWEEN QR AND USER RELATED TO THE WEBSITE OR APPLICATION, THE VENUE OF ANY OTHER DISPUTE SHALL BE HELD IN THE COURTS OF BROWARD COUNTY, FLORIDA.
7. NO RESALE OR COMMERCIAL USE OF THE SERVICE: User's right to use the Service is personal to User. User may be an individual, a corporation, a university, or other business entity. User agrees not to resell or make any commercial use of the Service without the express written consent of QR.
8. USER CONDUCT: User is solely responsible for the contents of User's data within the Service. User's use of the Service is subject to all applicable local, state, national and international laws and regulations. User agrees: (1). To comply with United States of America ("U.S.") law regarding the transmission of technical data exported from the U.S. through the Service; (2). Not to use the Service for illegal or immoral purposes; (3). Not to interfere or disrupt the service or networks connected to the Service; and (4). To comply with all regulations, policies, and procedures of the Service and networks connected to the Service. User also agrees to abide by the terms and conditions of QR’s Terms & Conditions and Privacy policy agreement which is published on the QR’s website and application. The Service makes use of the Internet to send and receive certain data; therefore, User's conduct is subject to Internet regulations, policies and procedures. User will not use the Service for junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. User agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, and harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. Attempts to gain unauthorized access to other systems are prohibited. User shall not interfere with another User's use and enjoyment of the Service or another entity's use and enjoyment of similar services. QR may, at its sole discretion, immediately terminate Service should User's conduct fail to conform to the Terms & Conditions and Privacy policy agreement.
9. LIABILITY: User agrees to be responsible for its use of the Service to the extent allowed by applicable law. User hereby agrees to indemnify, defend, save, and hold harmless QR, its employees, agents, officers, owners, or shareholders, from any and all claims, liabilities, causes of action, damages, judgments, attorney fees, court costs, expenses, which arise out of or are related to third party claims against User for services provided or goods sold to third party by User, including but not limited to the failure or delay of User to perform services, intentional or negligent actions, damages, or injuries. QR, its officers, owners, agents, employees or shareholders are not liable to User or any third party for any damages or claims as a result of either money exchanged between User and Third Parties, or, services provided, inadequately provided, or not provided between User and Third Parties.
10. TERMINATION: User and/or QR may terminate the Service with or without cause at any time and effective immediately by providing written notice via email. QR shall not be liable to User or any third party for termination of the Service. Should User object to any Terms & Conditions and Privacy policy agreement content or any subsequent amendments, modifications, or changes thereto or become dissatisfied with the Service in any way, User's only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service membership; and (3) notify QR of such termination at www.qrappointments.com/contact.
11. MISCELLANEOUS: This Terms & Conditions and Privacy policy agreement embodies the entire understanding between the parties, and there are no other agreements, representations, warranties, or understandings, oral or written, between them with respect to the subject matter of this Terms & Conditions and Privacy policy agreement. No alteration, modification or change of the Terms & Conditions and Privacy policy agreement shall be valid and enforceable unless approved by QR in writing. If any of the provisions of the Terms & Conditions and Privacy policy agreement are held by a court of competent jurisdiction to be illegal, invalid, or unenforceable under any applicable law, then such contravention or invalidity shall not invalidate the entire agreement. Such provisions shall be deemed modified to the extent necessary to render it legal, valid, and enforceable, and if no such modification shall render it legal, valid, and enforceable, then this Terms & Conditions and Privacy policy agreement shall be construed as if not containing the provision held to be invalid and the rights and obligations of the parties shall be construed and enforced accordingly with the other provisions remaining in full force and effect. The provisions of Paragraphs 7,8, and 9 shall survive termination of the Service.
12. NO WAIVER: QR’s failure to exercise or enforce any right or provision of the Terms & Conditions and Privacy Policy statement shall not constitute a waiver of such right or provision. This Agreement shall not confer any rights or remedies upon any individual, partnership, limited liability company, corporation, association, joint stock company, trust, joint venture, unincorporated organization, governmental entity (or any department, agency, or political subdivision thereof), or any other or similar type of entity other than the parties hereto and their respective successors and permitted assignees.
13. ASSIGNMENT: User shall not assign any of its rights, duties, or obligations nor delegate any of its obligations hereunder without the prior written consent of QR, which consent may be arbitrarily withheld. To the extent assignable, this Terms & Conditions and Privacy policy agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors (including, specifically, any person or entity acquiring or otherwise succeeding to ownership of all or substantially all of the assets of any party hereto) and permitted assigns.
14. HEADINGS: The paragraph titles and headings in this Terms & Conditions and Privacy policy agreement are included for convenience of reference only and in no way modify or restrict any of the terms or provisions hereof, nor shall they be considered in the interpretation or construction of any provision in this Terms & Conditions and Privacy policy agreement.
15. CREDITS: Any and all credits earned (as described in the QR Transactions, Inc. affiliated website and application(s) may be used as credits towards QR store merchandise or discounts from monthly in-app purchases, have no cash value, and cannot be traded in for any cash value. Specifically, if credits are used towards membership fees, and credits exceed the number needed to satisfy a month’s fee obligation, additional credits may be applied towards subsequent month(s); however, as stated herein, there is no cash value to the credits and the User shall not be entitled to any cash refund for ‘overuse’ of credits towards membership fees.
16. QR CODE: It is understood that QR retains full ownership of any and all unique QR Codes provided to Users for their use, and the Users right to use the code(s) is conditional and limited. Although the User shall have full access, rights and use of said code during active membership, and provided it is used lawfully under the Terms & Conditions and Privacy policy agreement, and a registered member of QR in good standing, in the event QR or User, for any reason whatsoever, terminates this agreement, (QR can terminate for any reason or no reason whatsoever) the User acknowledges that its conditional and limited right to use and/or access the unique code may be terminated by QR without notice.
17. PAYMENTS: QRappointments charges Service Providers a fee of $0.99 for each confirmed appointment or call request made by a customer. By selecting a credit card payment method and agreeing to the terms and conditions herein, Users agree to pay QR the applicable transaction fees and QR merchandise fees where appropriate, as more fully described in the website and application. The charges are deemed valid and reasonable when they occur, and the User waives any and all defenses to said demand for payment, unless User notifies QR in writing at www.qrappointments.com/contact within seven days from the date of transaction and describes the reason for why said claim for payment is improper.
18. USER SERVICES: In some instances, Service Provider Users and Customer Users opted to accept the use of the QR mobile application or www.qrappointments.com to request and receive funds between themselves. QR has no involvement other than connecting both parties to facilitate a transaction. QR does not accept, hold, transfer, or escrow any funds, therefore, both Service Provider Users and Customer Users acknowledge that they have no claim against QR regarding any financial transactions between themselves.
19. RETURN POLICY: Since all merchandise sold by QR is custom ordered and unique to the user, all sales are final and not eligible for returns, credit, or exchanges.