TERMS AND CONDITIONS

Last updated on: October 1, 2018

By signing up for the Qchingo services or any of the services of Qchingo LLC or its affiliates (“Qchingo”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The services offered by Qchingo under the Terms of Service include various products and services to help you bid on auctioned experiences and/or items. Any such services offered by Qchingo are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at www.Qchingo.com/terms_and_conditions. Qchingo reserves the right to update and change the Terms of Service by posting updates and changes to the Qchingo website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement before you may become a Qchingo user.

Everyday language summaries are provided for convenience only and are not legally binding. Please read the “Terms of Service” for the complete picture of your legal requirements. By using Qchingo or any Qchingo services, you are agreeing to these terms. Be sure to occasionally check back for updates.

1. Account Terms

  1. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
  2. To access and use the Services, you must register for a Qchingo account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Qchingo may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
  3. You acknowledge that Qchingo will use the email address you provide as the primary method for communication.
  4. You are responsible for keeping your password secure. Qchingo cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
  5. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
  6. A breach or violation of any term in the Terms of Service, as determined in the sole discretion of Qchingo will result in an immediate termination of your services.

THIS MEANS

You are responsible for your Account and any Materials you upload to the Qchingo Service. Remember that with any violation of these terms we will cancel your service.

If we need to reach you, we will send you an email.

2. Account Activation

2.1 Qchingo Account

  1. Subject to section 2.1.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
  2. If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.

2.2 PayPal Express Checkout and Qchingo Payments Accounts

  1. We do not use Paypal and as such you should never attempt to place a bid via Paypal or any anyone asking you on our behalf to do so.

2.3 Apple Pay for Safari Account

  1. We do not use Apple Pay for Safari and as such you should never attempt to place a bid via Apple Pay for Safari or any anyone asking you on our behalf to do so.

2.4 Google Payment

  1. We do not use Google Payment and as such you should never attempt to place a bid via Google Payment or any anyone asking you on our behalf to do so.

2.5 Domain Names

  1. You are authorizing us to use your charity domain name within our website.

WHICH MEANS

The person signing up for the Qchingo Service is responsible for the account and is bound by these Terms of Service. If you signup on behalf of your employer, your employer owns the account and is also bound by our Terms of Service.

3. General Conditions

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service and the Privacy Policy before you may become a member of Qchingo.

  1. Support is provided to only active charities. This means charities with live auctions or to the sole discretion of management.
  2. The Terms of Service shall be governed by and interpreted in accordance with the laws of the State of New York and the laws of the United States of America applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of New York with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
  3. You acknowledge and agree that Qchingo may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Qchingo’s website, available at www.Qchingo.com/terms_and_conditions and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Qchingo’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
  4. You may not use the Qchingo service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of the State of New York. You will comply with all applicable laws, rules and regulations in your use of the Service.
  5. The Qchingo API License and Terms of Use at www.Qchingo.com/api_terms (“Qchingo API Terms”) govern your access to and use of the Qchingo API (as defined therein) when applicable. You are solely responsible for the activity that occurs using your API Credentials and for keeping your API Credentials secure.
  6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Qchingo.
  7. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Qchingo or Qchingo trademarks and/or variations and misspellings thereof.
  8. Questions about the Terms of Service should be sent to info@qchingo.com.
  9. You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
  10. You acknowledge and agree that your use of the Service, including information transmitted to or stored by Qchingo, is governed by its privacy policy at www.Qchingo.com/privacy_policy.
  11. The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Qchingo’s Terms of Service available in another language, the most current English version of the Terms of Service at www.Qchingo.com/terms_and_conditions will prevail.

WHICH MEANS

The Qchingo service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose.

If a dispute arises the issue will be dealt with in the Province of Ontario.

Your Materials may be transferred unencrypted and may be altered, but credit card information is always encrypted.

4. Qchingo Rights

  1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
  2. We reserve the right to refuse service to anyone for any reason at any time.
  3. We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that a bid, auction, and/or Materials uploaded or posted to Qchingo.com, violate our Terms of Service.
  4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Qchingo customer, Qchingo employee, member, or officer will result in immediate Account termination.
  5. Qchingo does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service.
  6. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Qchingo employees and contractors may also be Qchingo customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
  7. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
  8. Qchingo retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, Qchingo reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

WHICH MEANS

We can modify, cancel or refuse the service at anytime.

In the event of an ownership dispute over a Qchingo account, we can freeze the account or transfer it to the rightful owner.

5. Limitation of Liability

  1. You expressly understand and agree that Qchingo shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
  2. In no event shall Qchingo or our Charities be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Qchingo partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
  3. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
  4. Qchingo does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
  5. Qchingo does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
  6. Qchingo does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
  7. Qchingo does not warrant that the winner of any auction actually receives the experience by the charity offering the experience.
  8. Qchingo does not warrant the absolute finite timeliness of a last millisecond bit. As such, all bidders are warned and cautioned to not to try to raise bids by pennies in the last seconds of an ending auction. Bid as high as you are willing to pay.

WHICH MEANS

We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.

Service is “as is” so it may have errors or interruptions and we provide no warranties.

6. Waiver and Complete Agreement

The failure of Qchingo to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and Qchingo and govern your use of the Service, superseding any prior agreements between you and Qchingo (including, but not limited to, any prior versions of the Terms of Service).

WHICH MEANS

If Qchingo chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.

These terms of service make up the agreement that applies to you. This means that any previous agreements between you and Qchingo don’t apply if they conflict with these terms.

7. Intellectual Property and Content

  1. We do not claim any intellectual property rights over the Materials you provide to the Qchingo service.
  2. By uploading or sending Materials, you agree: (a) to allow other internet users to view the Materials we post publicly; (b) to allow Qchingo to store, and in the case of Materials you provide to publicly, display, your Materials; and (c) that Qchingo can, at any time, review all the Materials submitted to its Service, although Qchingo is not obligated to do so.
  3. You retain ownership over all Materials that you provide to Qchingo; however, when the auction goes live, you agree to allow others to view Materials that we post publicly. You are responsible for compliance of the Materials with any applicable laws or regulations. Qchingo will use all Material provided to advertise and promote at its sole discretion.
  4. We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any Materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
  5. Qchingo shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with the auction you participate in, item(s) you list, experience you put for auction, to promote the Auction, the experience, and the item(s) you wish to place on Qchingo.com

WHICH MEANS

Anything we upload remains yours and your responsibility.

8. POS Services

Qchingo does not provide any POS Services, as such, be aware of anyone claiming to provide such services on our behalf as non of our authorized employees will be contacting you in this regard.

9. Qchingo Shipping

At times the winning bidder will be shipped different materials such as tickets, information, passes, etc.. by the Charity that lists the auction. Qchingo IS NOT responsible for mistakes made via the mail system or miscommunications and misunderstandings between bidder and charity after the auction has closed. The Qchingo team will go above and beyond to help, aid, and will strive to help both parties to make the auction process smooth but has no control over the shipping process that is handled between the charity and winning bidder.

10. Qchingo Charities

  1. Qchingo Charities are independent third parties ("Charities") that participate on the Qchingo platform. Qchingo does not employ Charities and is in no way per se affiliated with Charities.
  2. Qchingo does not endorse Charities and takes no responsibility for any work performed by Charities or failure to perform on an auction. Links to websites of Charities, announcements about services or offers, and responses to email inquiries regarding Charities, are provided solely for informational purposes at the discretion of Qchingo and shall not be construed or imply permission, or an affiliation, position regarding any issue in controversy, authentication, appraisal, sponsorship, nor a recommendation or endorsement of any website, product, service, activity, business, organization, or person, and any offers, products, services, statements, opinions, content or information on any linked third-party website.
  3. Under no circumstances shall Qchingo be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any direct, indirect, incidental, special, consequential, exemplary or other damages that result from any contractual relationship between you and Qchingo Charities. These limitations shall apply even if Qchingo has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by law.

WHICH MEANS

Charities are not employees of or affiliated per se with Qchingo and we are not responsible for them.

11. Payment of Fees

  1. You will pay the Fees applicable to the auction you participated in and any other applicable fees, including but not limited to fees relating to the processing of transactions under your Account (“Transaction Fees”), and any fees relating to your purchase of any products or services. Together, the Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.
  2. You must keep a valid credit card on file with us to pay for all incurred and recurring Fees. Qchingo will charge applicable Fees to the credit card account that you authorize (“Authorized Card”), and Qchingo will continue to charge the Authorized Card (or any replacement card) for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.
  3. If we are not able to process payment of Fees using the Authorized Card, we will make a second attempt to process payment using the Authorized Card. If the second attempt is not successful, we will make a final attempt the same day after trying to reach out to you, If our final attempt is not successful, we may suspend and revoke access to your Account. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next Billing Cycle and upon the sole discretion of Qchingo Management, otherwise your account will be terminated. You will not be able to access your Account during any period of suspension.
  4. All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
  5. You are responsible for all applicable Taxes that arise from or as a result of using the Qchingo platform. These Taxes are based on the rates applicable to the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Card. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to Qchingo of your exemption. If you are not charged Taxes by Qchingo, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
  6. Qchingo does not provide refunds.

WHICH MEANS

A valid credit card is required. Any Transaction Fees or Additional Fees will be charged to your credit card. If we are not able to process payment of Fees using your credit card, we will try your credit card again two more times the same day of initial failed attempt. If payment of Fees is unsuccessful after three attempts, Qchingo may freeze your Account. You may be required to remit Taxes to Qchingo or to self-remit to your local taxing authority. No refunds.

12. Cancellation and Termination

  1. You may cancel your Account at anytime by emailing info@qchingo.com and then following the specific instructions indicated to you in Qchingo’s response.
  2. Upon termination of the Services by either party for any reason:
    1. Qchingo will cease providing you with the Services and you will no longer be able to access your Account;
    2. unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
    3. any outstanding balance owed to Qchingo for your use of the Services through the effective date of such termination will immediately become due and payable in full;
  3. If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
  4. We reserve the right to modify or terminate your Account for any reason, without notice at any time.
  5. Fraud: Without limiting any other remedies, Qchingo may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

WHICH MEANS

To initiate a cancellation, email info@qchingo.com. Qchingo will respond with specific information regarding the cancellation process for your account. We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.

13. Modifications to the Service and Prices

  1. Prices are subject to change at any time. A notice is provided by posting the changes to the Qchingo Site (Qchingo.com).
  2. Qchingo reserves the right at any time, and from time to time, to modify or discontinue any auction or sale of an item (or any part thereof) with or without notice.
  3. Qchingo shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance.

WHICH MEANS

We may change or discontinue the sale of an item or any auction at anytime, without liability.

14. Third Party Services

  1. In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Qchingo’s partners or other third parties.
  2. Qchingo may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use, including via the Qchingo App. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Services or Qchingo’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. In some instances, Qchingo may receive a revenue share from Third Party Providers that Qchingo recommends to you.
  3. We do not provide any warranties with respect to Third Party Services. You acknowledge that Qchingo has no control over Third Party Services and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on Qchingo’s websites, including the Qchingo App Store, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Qchingo. Qchingo does not guarantee the availability of Third Party Services and you acknowledge that Qchingo may disable access to any Third Party Services at any time in its sole discretion and without notice to you. Qchingo is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. Qchingo strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs.
  4. If you install or enable a Third Party Service for, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Qchingo is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.
  5. Google Maps is a Third Party Service that is used within the Services. Your use of the Service is subject to your acceptance of the Google Maps and Earth Enterprise Universal Acceptable Use Policy, as it may be amended by Google from time to time.
  6. Under no circumstances shall Qchingo be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Charity. These limitations shall apply even if Qchingo has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
  7. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Qchingo partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.

WHICH MEANS

We are not responsible for third party services so use them at your own risk. If you use any third party services on the Qchingo platform, you permit us to send your data to those services. If you use them you agree that we do not provide a warranty, so seek advice before you do so.

15. DMCA Notice and Takedown Procedure

Qchingo supports the protection of intellectual property and asks Qchingo Charities and bidders to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our Charities is infringing their intellectual property rights, they can send a DMCA Notice to Qchingo’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the Charity can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material.

WHICH MEANS

Qchingo respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from our website. If you don’t think the claim is valid, you can proceed with a counter notification.

If you believe one of our Charities is infringing your intellectual property rights, you can send Qchingo a DMCA Notice. We will expeditiously disable access or remove the content and notify the merchant. Be advised that we post all notices we receive.

16. Email Notifications

By registering with Qchingo as a user you agree to be enrolled into our newsletter. If you wish to opt out please click the unsubscribe link at the bottom of any newsletter you receive to be deleted from our list.

17. Privacy & Data Protection

Qchingo is firmly committed to protecting the privacy of your personal information. By using the platform, you acknowledge and agree that Qchingo’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.

Additionally, if: (a) you are established in the European Economic Area (EEA); (b) you provide goods or services to customers in the EEA; or (c) you are otherwise subject to the requirements of the EU General Data Protection Regulation, Qchingo’s collection and use of personal information of any European residents is also subject to:

1. Definitions

(a) “Data Protection Legislation” means European Directives 95/46/EC and 2002/58/EC, and any legislation and/or regulation implementing or made pursuant to them, or which amends or replaces any of them (including the General Data Protection Regulation, Regulation (EU) 2016/679);

(b) “Data Processor”, “Data Subject”, “Processor”, “Processing”, “Subprocessor”, and “Supervisory Authority” shall be interpreted in accordance with applicable Data Protection Legislation;

(c) “Personal Data” means information relating to an identifiable or identified Data Subject who visits or engages in transactions through your store (a “Customer”), which Qchingo Processes as a Data Processor in the course of providing you with the Services. Notwithstanding the foregoing sentence, Personal Data does not include information that Qchingo processes in the context of services that it provides directly to a consumer, such as through its consumer-facing applications like Frenzy or its consumer-facing services like Qchingo Pay; and

(d) All other capitalized terms shall have the same definition as in the Agreement.

2. Data Protection

2.1. Where a Data Subject is located in the European Economic Area, that Data Subject’s Personal Data will be processed by Qchingo’s Irish affiliate, Qchingo International Ltd. As part of providing the Services, this Personal Data may be transferred to other regions, including to Canada and the United States. Such transfers will be completed in compliance with relevant Data Protection Legislation.

2.2. When Qchingo Processes Personal Data in the course of providing the Services, Qchingo will:

  • 2.2.1. Process the Personal Data as a Data Processor, only for the purpose of providing the Services in accordance with documented instructions from you (provided that such instructions are commensurate with the functionalities of the Services), and as may subsequently be agreed to by you. If Qchingo is required by law to Process the Personal Data for any other purpose, Qchingo will provide you with prior notice of this requirement, unless Qchingo is prohibited by law from providing such notice;
  • 2.2.2. notify you if, in Qchingo’s opinion, your instruction for the processing of Personal Data infringes applicable Data Protection Legislation;
  • 2.2.3. notify you promptly, to the extent permitted by law, upon receiving an inquiry or complaint from a Data Subject or Supervisory Authority relating to Qchingo’s Processing of the Personal Data;
  • 2.2.4. implement and maintain appropriate technical and organizational measures to protect the Personal Data against unauthorized or unlawful processing and against accidental loss, destruction, damage, theft, alteration or disclosure. These measures shall be appropriate to the harm which might result from any unauthorized or unlawful processing, accidental loss, destruction, damage or theft of Personal Data and appropriate to the nature of the Personal Data which is to be protected;
  • 2.2.5. provide you, upon request, with up-to-date attestations, reports or extracts thereof where available from a source charged with auditing Qchingo’s data protection practices (e.g. external auditors, internal audit, data protection auditors), or suitable certifications, to enable you to assess compliance;
  • 2.2.6. notify you promptly upon becoming aware of and confirming any accidental, unauthorized, or unlawful processing of, disclosure of, or access to the Personal Data;
  • 2.2.7. ensure that its personnel who access the Personal Data are subject to confidentiality obligations that restrict their ability to disclose the Customer Personal Data; and
  • 2.2.8 upon termination of the Agreement, Qchingo will promptly initiate its purge process to delete or anonymize the Personal Data. If you request a copy of such Personal Data within 60 days of termination, Qchingo will provide you with a copy of such Personal Data.

2.3 In the course of providing the Services,you acknowledge and agree that Qchingo may use Subprocessors to Process the Personal Data. Qchingo’s use of any specific Subprocessor to process the Personal Data must be in compliance with Data Protection Legislation and must be governed by a contract.

3. Miscellaneous

3.1 In the event of any conflict or inconsistency between the provisions of any original Agreement, the provisions of this Agreement shall prevail. For avoidance of doubt and to the extent allowed by applicable law, any and all liability under this Agreement, including limitations thereof, will be governed by the relevant provisions of the Agreement. You acknowledge and agree that Qchingo may amend this Agreement from time to time by posting the relevant amended and restated Addendum on Qchingo’s website, and such amendments are effective as of the date of posting. Your continued use of the platform after the amended policy agreement is posted to Qchingo’s website constitutes your agreement to, and acceptance of, the amended Agreement. If you do not agree to any changes to the Agreement, do not continue to use the platform (Qchingo).

3.2 Save as specifically modified and amended in this Agreement, all of the terms, provisions and requirements contained in the Agreement shall remain in full force and effect and govern this Agreement. If any provision of the Addendum is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of this Agreement shall remain operative and binding on the parties.

3.3 The terms of this Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of New York of the United States of America with respect to any dispute or claim arising out of or in connection with this Agreement.

WHICH MEANS

Qchingo’s use and collection of personal information is governed by our Privacy Policy. Additionally, if you or your customers are located in Europe, Qchingo’s use and collection of European personal information is further governed by our Data Processing Agreement herewith.

Qchingo LLC
600 Broadhollow Rd, Suite 200
Melville, NY 11747
United States of America