QniQr Website Terms & Conditions
Date: 26 June 2020
please read these terms carefully before using the site. if you are under the age of 18, your legal guardian or parent will need to review and agree to these terms on your behalf.
- You are at all times responsible for your child’s actions on the site and must monitor their activity.
- Never unnecessarily share personal details with other users. Never share banking details.
- If you don’t accept these terms, don’t use the site.
- By agreeing to these terms you also agree to our payment provider’s terms and conditions as laid down in their Framework Agreement (see clause 9.2).
- The rules for using our services, including how you or your children make contact with other users on our website
- What you can do with content
- What we can do with content which you post or upload
- When these terms use the word “services” we mean any services offered through the QniQr website, such as the marketplace or any interactive services. When these terms use the word “content” we mean anything which is available through the services, such as: text, images; games, software, video, audio, source code, anything made by people (including you) using our services.
- It's important that you read these terms before you or your children use the site. If you are under the age of 18, your legal guardian or parent will need to review and agree to these terms on your behalf. If you don’t get your parent or guardian to do this, you don’t have permission to use the QniQr service.
- You are responsible for your child’s use of QniQr and must supervise their activity using the website, including interactive services (such as messaging and chat rooms), where appropriate, and make your child aware of their online safety. You must pay special attention to any deals involving meeting in person, making sure your child does not meet anyone by themselves without your express permission.
- We can make changes to these terms (usually when we need to make changes to a service, or if we have to comply with new legal requirements), and the latest version always applies.
- These terms contain the following sections:
- When do these terms apply?
- About us and how to contact us
- About the website
- User membership and your rights to terminate
- Rules for using the website
- Buying and selling items
- QniQr Protection scheme
- Interactive services (“chatting”)
- Content standards
- You are not allowed to use our name or our brand or the website other than as set out in these terms
- What happens if you don’t follow the rules?
- Responsibility for loss or damage
- A few final important points to note
When do these terms apply?The terms apply whenever you or your children use our services, and so by using our services you are agreeing to follow the rules set out in these terms. If you don’t follow the rules, we can suspend or terminate your use of the services and your account.
About us and how to contact usOur services and content are made available to you by QniQr Limited (registered company number 12082472), 3rd Floor, 86-90 Paul Street, London EC2A 4NE. To contact us, please email email@example.com or call us on 020 309 55 396.
About the website
- Subject to you purchasing the user membership in accordance with clause 6, and the terms and conditions of these terms, we grant you a non-exclusive, non-transferable right to use the website in accordance with these terms.
- This website is an online marketplace where children and young people from ages 4 – 17 can sell things to each other or swap products. The site is available for families upon payment of a membership fee, which gives access to one supervisor’s account and up to four child subaccounts, depending on the type of membership chosen. We may waive the membership fee for families who can demonstrably not afford it.
- We cannot guarantee that the website, or any content on it, will always be available or be uninterrupted. We may suspend or restrict the availability of the site at any time, although we’ll try and give you reasonable notice if we need to do this.
- The content on the website is provided for general information only. We will try and keep it updated, but we don’t make any guarantees that the content is accurate, complete or up to date.
- We are not involved in any buying or selling arrangements between website users: the contract for sale of any item is directly between the buyer and the seller and so you should appropriately supervise your child’s activity and ensure they comply with these terms. We cannot guarantee that any buyer or seller will complete a transaction or return an item. We make no guarantees about the quality, safety or legality of items advertised for sale by users.
- Provided your child uses the QniQr online payment system when purchasing an item on QniQr, we offer buyer protection up to a value of £ 100, subject to the conditions of the QniQr protection scheme (see clause 10 below).
- Safeguarding our users is our highest priority. We regularly check the content on our website for inappropriate or unsafe activity and will take action where necessary. However, we make no guarantees about the accuracy of the content. Any views expressed by users do not represent our views or values. You are strongly advised to monitor your child’s activity on the website and assist them when necessary. If you have any concerns, please contact us.
User membership & your rights to terminate
- You will pay us a user membership fee (the “membership fees”) to access and use the website through one supervisor’s account and up to four child subaccounts in accordance with these terms (the “user membership”). Current membership fees can be found here. The membership fees shall be charged monthly on the card you provide upon sign up, or by any other method which we agree with you in writing. Any amounts payable under these terms are payable in sterling and are non-refundable.
- We may change the membership fee structure or amounts by giving you 90 (ninety) days written notice.
- If you fail to pay us the membership fees within 15 days of the payment due date we may suspend and/or terminate your account and all linked accounts, without any liability to you.
- If you wish to terminate your user membership, the owner of the supervisor’s account should contact us by using the dedicated function in the supervisor’s dashboard or by sending an email to firstname.lastname@example.org to let us know that you wish to cancel the user membership. Membership will be cancelled as per the date that your next monthly fee payment is due. No refunds of any membership fees will be issued by us to you.
Rules for using the website
- When using the website, you agree to follow the rules set out in these terms and to ensure that your child follows the rules in these terms. You (and your child) may not use our website:
- In any illegal or unlawful way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as laid down in our Rules of the marketplace.
- To send any advertising or promotional material (other than legitimate materials directly and solely related to a user’s activity on the website) or any spam to other users.
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- You acknowledge and accept that the website is for use by children aged 4 years to 17 years old. You will not knowingly provide false or misleading information when setting up your account and you shall take all reasonable steps to ensure that the information which we hold on you and all users linked to your user membership is accurate at all times.
- Only you (and your child) must use the website through your user membership, you must not let others access the website. Both responsible adults and the children using the website will have a PIN code as part of our security procedures. You must keep this information safe and not share it with anyone else. You must tell us if you think someone else has access to your account.
- We can disable your account at any time, if we think you’ve failed to comply with these terms.
- In addition, you may not copy our website, or do anything which would damage or disrupt the website (including reverse engineering and/or decompiling).
- When using the website, you agree to follow the rules set out in these terms and to ensure that your child follows the rules in these terms. You (and your child) may not use our website:
Buying and selling items
- QniQr offers the technical platform for users to buy, sell and swap items. Purchases and agreements to swap are legally binding contracts between the buyer and seller or the two persons agreeing to swap items with each other. QniQr is not a party to these contracts. Please note that by agreeing to these terms and conditions you accept full responsibility for the contracts your child enters into through the QniQr platform. In the supervisor’s dashboard you can monitor your child’s activity and approve their agreements and purchases through the adjustable control settings. We advise you to set the controls at a level appropriate to your child’s level of understanding and sense of responsibility.
- You and your child must follow the content standards (see clause 12) and our Rules of the marketplace. If your child has agreed to sell an item, they must sell it unless they’re not able to contact the buyer or the buyer fails to follow any conditions which your child made in their posting (or you have another valid reason). Your child is responsible for all taxes related to any sale of items which they make.
- It is your child’s responsibility to make sure that they want to buy an item, based on the information which the seller has provided. If your child agrees to buy an item (either for the listed price or after your child has agreed a different price with the seller), this is a legally binding contract to buy the item. Your child must pay for any items which they agree to buy from a seller, unless they’re not able to contact the seller or the seller has changed the description of the goods in a significant way since your child offered to buy them (or your child has another valid reason). Your child is responsible for all taxes related to any purchase of items which they make.
- If your child agrees to swap items with a seller, they must agree the terms of the swap. Once they have agreed, this is a legally binding contract. Note that swapping is only possible for items that can be collected locally.
- It is not possible to arrange the return of an item via the QniQr website and we do not offer the option of a return policy to sellers. In case of a faulty item or non-delivery of an ordered item, a buyer can make a claim under the QniQr Protection scheme
- When you sign up to QniQr you are provided with an eWallet functionality (“QniQr online payment system”). Each child subaccount has an eWallet from which payments can be made or received for transactions on the marketplace. You can transfer money to your child’s eWallet through the ‘Top up’ function in the supervisor’s dashboard and withdraw money from the wallet through the ‘Withdraw’ function, using a bank account of your choice.
- The QniQr online payment system is provided by our payments partner, MANGOPAY SA. By agreeing to these terms, you also agree to the MANGOPAY Framework Agreement. This means you have a separate contractual relationship with MANGOPAY SA regarding the payment services offered on the QniQr website. Please read this Framework Agreement carefully and contact us if you have any questions. QniQr shall not be liable for any acts or omissions of MANGOPAY SA when performing the payment services. In case of conflict between the provisions in these Terms and Conditions and the MANGOPAY Framework Agreement, the provisions of the latter shall prevail in relation to any issues relating to your use of the payments system.
- The QniQr online payment system works as follows: when buyer selects ‘buy now’ or when a deal is agreed between buyer and seller, QniQr will take payment for the item out of buyer’s eWallet and hold it on behalf of the buyer until it is released in accordance with the following process. In case of a delivery via post the funds will be released into seller’s eWallet 10 days after seller has marked the item as shipped or after notification by buyer that the item is received, whichever is sooner. In case of an item collected locally, the funds will be released after notification by the buyer that the item is received, or 20 days after date of purchase if the buyer fails to click on ‘Item received’. Funds will not be released if the buyer reports an issue with the transaction within these timeframes, or if the seller does not mark an item as shipped in case of a delivery via post.
- All funds paid into the eWallet are securely placed in a ringfenced account by MANGOPAY SA. This means that your money is safe, even in the event of bankruptcy of either QniQr Ltd or MANGOPAY SA.
- QniQr does not allow payments in cash and we strongly recommend that you use the QniQr online payment system for your child’s safety. We do not check or monitor cash payments and we expressly exclude our liability for any loss or damage arising from the use of this payment method. Any problems with the payment system are the responsibility of MANGOPAY SA, although please let us know if you are having issues and we’ll do what we reasonably can to help.
QniQr Protection scheme
- Transactions that are paid using the QniQr Online Payment System are protected by the QniQr Protection scheme, subject to the conditions as laid down in the QniQr Protection scheme policy. Please read it carefully as it forms an important part of our terms.
Interactive services (chatting)
- All children using the service have access to interactive services on our website, such as public comments or questions about a product or private chats between buyers and sellers (“interactive services”). Parents and guardians must supervise use of any interactive services by all children under the age of 13 and make all children aware of their online safety. For children over the age of 13, whilst you will have access to the child’s chats, we suggest you discuss with your child how much monitoring you engage in. Users will be notified when their interaction is being monitored.
- Your child should use the public comment and question section only to share information about a specific product and must not at any time share any personal details in this section. You must make sure they are aware of the privacy and security risks involved in publicly sharing personal details. Personal details necessary to complete a deal may be shared in the private chat between buyer and seller. However, you must make sure your child does not share any personal information that is not strictly necessary. Banking details should never be shared.
- If you have any concerns over anything posted through interactive services on the website, you can report this to us. We may monitor the interactive services from time to time, and if we do, we’ll notify the participants of the particular chat. However, we can’t promise to monitor or moderate the interactive services, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service in contravention of our content standards, whether the service is moderated or not.
- If you or your child upload material to our website, list an item for sale, or if you or your child contact other users through the website (making a “contribution”) you must make sure it complies with the content standards listed below and with our Rules of the marketplace.
- It’s important the contributions are accurate (where you are stating facts), be genuinely held (where you are stating an opinion), and legal. Any items which your child lists for sale will remain on the website until they sell the item(s) or cancel the posting.
- Contributions must not:
- harm or upset anyone (so no bullying, insulting or intimidating Contributions),
- be inappropriate, offensive, or insulting or promote sexually explicit material or violence.
- be illegal (no counterfeit or illegal goods must be sold) or damage some else’s reputation.
- discriminate against other people.
- be made by someone else or a copy of someone else’s creation.
- impersonate any person, including us.
- comment on any active lawsuits.
- contain any advertising or promote any services or web links to other sites.
- Whilst we will back-up the contributions from time to time, we strongly recommend that you make a copy/back-up any contributions which you submit, for example by making a screenshot of the contribution.
- When you make a contribution, you grant us a non-exclusive, irrevocable, royalty-free, sublicensable, perpetual right to use the contribution (including, without limitation, creating derivative works).
You are not allowed to use our name or our brand or the website other than as set out in these termsWe own or licence all intellectual property rights in our website and the material published on it. You may download and print copies of content from our website for personal use only, but you must reference that you downloaded the materials from our website. You must not use any part of the content on our website for commercial purposes.
What happens if you don’t follow the rules?If you don’t follow the rules, we can suspend or terminate your use of the services and your account, and/or remove any postings which you’ve made.
Responsibility for loss or damage
- Nothing in these terms limits any liability which cannot legally be limited, including, without limitation, liability for death or personal injury caused by negligence, or fraud or fraudulent misrepresentation.
- You will compensate us in full for any costs, expenses, losses, including reasonable legal fees, which we incur, and which arise out of your breach of these terms, or your breach of any law.
- We are not liable to you in respect of any loss of data, loss of profits, loss of business, loss of opportunity, any losses, or any other indirect losses which arise out of or in connection with these terms and/or your use of the website.
- Without prejudice to clause 12.1 and clause 12.2, our total liability to you in respects of any losses arising out of or in connection with these terms, or otherwise, is £100.
- You agree to indemnify us in respect of all direct costs and losses arising from your breach of these terms. You acknowledge and accept that you are responsible for the operation of your account and any accounts linked to your user subscription.
A few final important points to note
- If you are using the website on behalf of a business (such as a school or a college), separate school terms apply to your use of the website rather than these terms. Please contact QniQr for more information. You understand that the services are for educational purposes only.
- If any provision or part-provision of these terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these terms.
- These terms are governed by English law and only the English courts can make judgements about them.
- This is a contract between us, and only you and us can enforce its terms.