QCrash is operated by Daash Partners Ltd, a company incorporated and registered in England and Wales, whose registered office is at 1 Denham Close, Denham Uxbridge UB9 4EE, United Kingdom. Our Company registration number is 12586959. Our VAT number is VAT 361 7907 79. You may contact us at firstname.lastname@example.org.
2.1 The QCrash Platform is an online marketplace that enables registered users ("Users") and certain third parties who offer services ("Vendors" and the services they offer are “Vendor Services”) to publish such Vendor Services on the QCrash Platform (“Vendors List”) and to communicate and transact directly with Users that are seeking to book such Vendor Services (Users using Vendor Services are “Clients”). Vendor Services may include retail services, professionals services, private or public Health services, official public Services, religious related services and a variety of hereby undefined services. You declare yourself a Vendor within QCrash. In this text, we may use the term QCrash to refer to any of the mobile applications we have developed. It will then be the case that QCrash is the app for Users, and QCrash Pro is the app for Vendors.
2.2 As the provider of the QCrash Platform, QCrash does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Vendors Lists or Vendor Services. Vendors alone are responsible for their Listings and Vendor Services. When Users make or accept a booking, they are entering into a contract directly with each other. QCrash is not and does not become a party to or other participant in any contractual relationship between Users and Vendors. QCrash is not acting as an agent in any capacity for any Vendor.
2.3 While we may help facilitate the resolution of disputes, QCrash has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Vendor Services, (ii) the truth or accuracy of any Listing descriptions or other Vendor Content, or (iii) the performance or conduct of any Vendor or third party. QCrash does not endorse any Vendor, Listing or Vendor Services. Any such description is not an endorsement, certification or guarantee by QCrash about any Vendor, including of the Vendor's identity or background or whether the Vendor is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to require or use a Vendor Service, accept a booking request from a User, or communicate and interact with them, whether online or in person.
2.4 If you choose to use the QCrash Platform as a Vendor, your relationship with QCrash is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of QCrash for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of QCrash. QCrash does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Vendor Services. You acknowledge that you have complete discretion whether to list Vendor Services or otherwise engage in other business or employment activities.
2.5 To promote the QCrash Platform and to increase the exposure of Listings to potential Users, Listings and other Vendor Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Users who speak different languages, QCrash may make automated tools available to enable Users to translate Listings and other Vendor Content, in whole or in part, into other languages. Users are free to use these tools at their own discretion. QCrash cannot guarantee the accuracy or quality of such translations and Users are responsible for reviewing and verifying the accuracy of such translations.
2.6 The QCrash Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. QCrash is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by QCrash of such Third-Party Services.
2.7 QCrash is not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the QCrash Platform. QCrash may, temporarily and under consideration of the Users’ legitimate interests, restrict the availability of the QCrash Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the QCrash Platform. QCrash may improve, enhance and modify the QCrash Platform and introduce new QCrash Services from time to time. QCrash will provide notice to Users of any changes to the QCrash Platform, unless such changes are of minor nature without having a material effect on the parties’ contractual obligations. This notice will be at the top of the Terms or Privacy pages and it is the responsability of Users to regularly visit those pages to learn about the changes.
3.1 In order to access and use the QCrash Platform or register a QCrash Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are registered and able to enter into legally binding contracts.
3.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Vendor Service(s) are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
3.3 QCrash may make access to and use of the QCrash Platform, or certain areas or features of the QCrash Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a User's or Vendor’s booking and cancellation history.
3.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any User or Vendor's identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Users or Vendors to provide a form of government identification or other information or undertake additional checks designed to help verify their identities or backgrounds, (ii) screen Users or Vendors against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a User or Vendor, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
3.5 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the QCrash Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
QCrash reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the QCrash Platform and update the “Last Updated” date at the top of these Terms. You are sole responsible to regularly check for updates in those terms. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. If you do not terminate your Agreement, your continued access to or use of the QCrash Platform will constitute acceptance of the revised Terms.
5.1 You must register an account ("QCrash Account") to access and use certain features of the QCrash Platform, such as publishing or booking a Listing. If you are registering a QCrash Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
5.2 You must register a QCrash Account using a phone number.
5.3 You must provide accurate, current and complete information during the registration process and keep your QCrash Account and public QCrash Account profile page information up-to-date at all times.
5.4 You may not register more than one (1) QCrash Account unless QCrash authorizes you to do so. You may not assign or otherwise transfer your QCrash Account to another party.
5.5 You are responsible for maintaining the confidentiality and security of your QCrash Account credentials and may not disclose your credentials to any third party. You must immediately notify QCrash if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your QCrash Account. You are liable for any and all activities conducted through your QCrash Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
5.6 QCrash may enable features that allow you to authorize other Vendors or certain third parties to take certain actions that affect your QCrash Account. For example, we may enable Vendors to link their QCrash Accounts to businesses and take actions for those businesses, we may enable eligible Vendors or certain third parties to book Listings on behalf of other Vendors, or we may enable Vendors to add other Vendors as Co-Vendors to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by QCrash to ask for your credentials, and you shall not request the credentials of another Member.
5.7 When you open a Vendor account you may have to pay a monthly fee to use the features of the QCrash application.
5.8 You may close your account at any time by requesting to do so in your profile section of the QCrash app or contacting us using the contact details found on the "Contact Us" section. We may suspend your access to your account, or close it permanently, if we believe that your account has been used by someone else. We may also close your account if in our opinion you are abusing our Service. If we close your account permanently we will refund any remaining account credit, by applying a credit to your registered credit card, or if that is not possible for any reason, by way of a bank transfer using bank details (provided you have supplied them to us).
6.1 QCrash may enable Users or Vendors to (i) create, upload, post, send, receive and store content, such as text, photos, video, or other materials and information on or through the QCrash Platform ("Member Content"); and (ii) access and view Member Content and any content that QCrash itself makes available on or through the QCrash Platform, including proprietary QCrash content and any content licensed or authorized for use by or through QCrash from a third party ("QCrash Content" and together with Member Content, "Collective Content").
6.2 The QCrash Platform, QCrash Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of any countries. You acknowledge and agree that the QCrash Platform and QCrash Content, including all associated intellectual property rights, are the exclusive property of QCrash and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the QCrash Platform, QCrash Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of QCrash used on or in connection with the QCrash Platform and QCrash Content are trademarks or registered trademarks of QCrash. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the QCrash Platform, QCrash Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
6.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the QCrash Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by QCrash or its licensors, except for the licenses and rights expressly granted in these Terms.
6.4 Subject to your compliance with these Terms, QCrash grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the QCrash Platform and accessible to you, solely for your personal and non-commercial use.
6.6 You are solely responsible for all Member Content that you make available on or through the QCrash Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the QCrash Platform or you have all rights, licenses, consents and releases that are necessary to grant to QCrash the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or QCrash's use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
6.7 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates QCrash’s Content Policy or any other QCrash policy. QCrash may remove or disable access to any Member Content that is in violation of applicable law, these Terms or QCrash’s then-current Policies or Standards, or otherwise may be harmful or objectionable to QCrash, its Members, third parties, or property. Where QCrash removes or disables Member Content, QCrash will notify a Member and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (ii) contravene applicable laws. You may appeal such a decision by contacting customer service.
6.8 QCrash respects copyright law and expects its Members to do the same. If you believe that any content on the QCrash Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.
7.1 QCrash may charge fees to Vendors ("Vendor Fees") in consideration for the use of the QCrash Platform.
7.2 QCrash reserves the right to change the Service Fees at any time.
7.3 You are responsible for paying any Service Fees that you owe to QCrash. The applicable Service Fees (including any applicable Taxes) are collected by QCrash. Except as otherwise provided on the QCrash Platform, Service Fees are non-refundable.
8.1 When creating a Listing through the QCrash Platform you must (i) provide complete and accurate information about your Vendor Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions and requirements that apply and (iii) provide any other pertinent information requested by QCrash. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
8.2 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
8.3 Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Vendor Services. QCrash reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
8.4 The placement and ranking of Listings in search results on the QCrash Platform may vary and depend on a variety of factors, such as Users search parameters and preferences, Vendors requirements and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Vendor Service, and/or ease of booking.
8.5 When you accept or have pre-approved a booking request by a User, you are entering into a legally binding agreement with the User and are required to provide your Vendor Service(s) to the User as described in your Listing when the booking request is made. You also agree to pay the applicable Vendor Fee and any applicable Taxes. QCrash will collect the Total Fees monthly.
8.6 QCrash recommends that Vendors obtain appropriate insurance for their Vendor Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Users (and the individuals the User has booked for, if applicable) while participating in your Vendor Service.
9.1 Vendors and Users are responsible for any modifications to a booking that they make via the QCrash Platform ("Booking Modifications").
9.2 Users can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy set by the Vendor.
9.3 QCrash may take actions such as cancelling Users accounts in case of excessive booking cancellations.
9.4 If a Vendor cancels a confirmed booking, QCrash may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking.
9.5 For Vendor Services, if weather poses a safety risk to Users, or if it prevents a Vendor from carrying out a Vendor Service that takes place primarily outdoors, Vendors may cancel the Vendor Service. Vendors may also cancel the Vendor Service if other conditions exist that would prevent the Vendor from offering the Vendor Service safely.
9.6 In certain circumstances, QCrash may cancel a pending or confirmed booking on behalf of a Vendor or User. Where QCrash cancels a booking, QCrash will, notify Users or Vendors and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Users or Vendors or third parties, or (iii) contravene applicable laws. You may appeal a cancellation by contacting customer service.
10.1 Within a certain timeframe after completing a booking, Users and Vendors may leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Users or Vendors and do not reflect the opinion of QCrash. Ratings and Reviews are not verified by QCrash for accuracy and may be incorrect or misleading.
10.2 This functionality may or may not be offered by QCrash.
10.3 Ratings and Reviews by Users and Vendors must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 6 and must comply with QCrash’s Policy.
10.4 Users and Vendors are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
10.5 Ratings and Reviews are part of a User’s and Vendor's public profile and may also be surfaced elsewhere on the QCrash Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
QCrash will not participate in any sort of claims and disputes between Users and Vendors. They will both have to settle their disagreements directly between them. QCrash cannot be held accountable and is not liable for any damages incurred during the Vendor Services or the User's bookings.
12.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the QCrash Platform. In connection with your use of the QCrash Platform, you will not and will not assist or enable others to:
13.2 You acknowledge that QCrash has no general obligation to monitor User or Vendor Content nor to actively seek facts or circumstances indicating illegal activity, but has the right to review, disable access to, or edit any User or Vendor Content, in order to (i) operate, secure and improve the security of the QCrash Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ or Vendors' compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to User or Vendor Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Users and Vendors agree to cooperate with and assist QCrash in good faith, and to provide QCrash with such information and take such actions as may be reasonably requested by QCrash with respect to any investigation undertaken by QCrash or a representative of QCrash regarding the use or abuse of the QCrash Platform.
13.3 If you feel that any User or Vendor you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to QCrash by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
13.1 This Agreement shall be effective until such time when you or QCrash terminate the Agreement in accordance with this provision.
13.2 You may terminate this Agreement at any time by sending us an email or deleting your account via the app. If you cancel your QCrash Account as a Vendor, any confirmed booking(s) will be automatically cancelled and your Users will receive a notification. If you cancel your QCrash Account as a User, any confirmed booking(s) will be automatically cancelled.
13.3 Without limiting our rights specified below, QCrash may terminate this Agreement for convenience at any time.
13.4 QCrash may immediately, without notice, terminate this Agreement and/or stop providing access to the QCrash Platform if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) such action is necessary to protect the personal safety or property of QCrash, its Users or Vendors, or third parties (for example in the case of fraudulent behavior of a Member).
13.5 In addition, QCrash may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the QCrash Account registration, Listing process or thereafter, (iv) you and/or your Listings or Vendor Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or QCrash otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) such action is necessary to protect the personal safety or property of QCrash, its Users or Vendors, or third parties, or to prevent fraud or other illegal activity:
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by QCrash and an opportunity to resolve the issue to QCrash's reasonable satisfaction.
13.6 When this Agreement has been terminated, you are not entitled to a restoration of your QCrash Account or any of your User or Vendor Content. If your access to or use of the QCrash Platform has been limited or your QCrash Account has been suspended or this Agreement has been terminated by us, you may not register a new QCrash Account or access and use the QCrash Platform through an QCrash Account of another Member.
13.7 If QCrash takes any of the measures described in this Section you may appeal such a decision by contacting our customer service with the info provided in our "Contact Us" section.
QCrash is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. QCrash is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents; such liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of QCrash in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract. Any additional liability of QCrash is excluded.
To the maximum extent permitted by applicable law, you agree to release, defend (at QCrash's option), indemnify, and hold QCrash and its affiliates and subsidiaries, including but not limited to their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the QCrash Platform or any QCrash Services, (iii) your interaction with any User or Vendor, participation in a Vendor Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use, or (iv) your breach of any laws, regulations or third party rights. The indemnification obligation according only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the QCrash Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the QCrash Platform, or by other means of communication. Any Feedback you submit to us may be used by us for any business purpose and will be considered non-confidential and non-proprietary to you.
These Terms are governed by and construed in accordance with English law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of English law. As a consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of QCrash's place of business in England. If QCrash wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the English courts.
18.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between QCrash and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between QCrash and you in relation to the access to and use of the QCrash Platform.
18.2 No joint venture, partnership, employment, or agency relationship exists between you and QCrash as a result of this Agreement or your use of the QCrash Platform.
18.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
18.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
18.5 QCrash’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
18.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without QCrash's prior written consent. QCrash may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
18.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by QCrash via email, QCrash Platform notification, or messaging service (including SMS).
18.8 If you have any questions about these Terms please email us at email@example.com.
In what respects Users Data Protection, the Vendor and QCrash are Joint Controllers. The two companies have decided to use the platform to enable each company's services and will share the following clients' data: Qcrash may send to the Vendor the User's first name (unverified), last name (unverified), the appointment token, the position and the appointment date and time. QCrash will not share the User's mobile number or any other User's information such as location; Vendor may share with QCrash the User's first name (unverified), last name (unverified) and mobile number (with the User's consent).
You may contact us via email at: firstname.lastname@example.org.