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Qustodian

Qustodian Membership Agreement Summary


Qustodian UK Limited (hereinafter “QUSTODIAN”) is a company whose purpose is the management of communication between companies and mobile phone users.

A person becomes a member of the QUSTODIAN service (hereinafter "Member") when they register with a mobile phone number and password over any of the interfaces provided by QUSTODIAN for such registration (website, mobile website etc).

When a Member registers to the service, a QUSTODIAN account is created for them (hereinafter "Account") which allows them to interact with the service.

As a member of the QUSTODIAN service, you agree to receive commercial communications (“Messages”) from QUSTODIAN and other partner commercial companies (“Brands”). Messages will inform you of products, services, offers and other information which are relevant to you.

As a Member you will receive:

  1. Messages on your mobile phone from brands, retailers and companies relevant to you, including exclusive offers for you and the community of QUSTODIAN members;
  2. Payments into your QUSTODIAN account for use of, and interaction with, the QUSTODIAN service;
  3. Payments into your QUSTODIAN account for use of the QUSTODIAN service by the network of Members you have brought to the service.

In return you agree to:

  1. Provide accurate personal profile information to allow targeting of relevant Messages from partner Brands, retailers and companies to be sent to you;
  2. Download and regularly access the QUSTODIAN application on your mobile phone;
  3. Regularly engage with messages that are of interest to you.

The full terms and conditions are below.

The following General Terms and Conditions govern your use of the QUSTODIAN web site, mobile phone application and service as a whole (the “Service”), including the creation and maintenance of an Account. These General Term and Conditions apply whether you are a Visitor (meaning you are simply browsing the site) or an Account holder. The QUSTODIAN service is free, but you must accept these General Term and Conditions to create an Account and to use the Service. By using the Service, you acknowledge that you have read and understood these General Term and Conditions and that you agree to be bound by all of their terms.

QUSTODIAN will make their best efforts to ensure that everything works correctly, but make no commitment that this will be the case nor will be responsible for any consequence or claim arising from any malfunction of the Service.

General Terms and Conditions


The present General Terms and Conditions will be applicable to the relationship between Qustodian and the Member from the moment of his agreement onwards.

The General Terms and Conditions may be modified by QUSTODIAN and will be applicable from the moment they are published. Accordingly, we urge you to review these Terms regularly, and if you do not agree to the terms or any revisions thereto, please desubscribe from the Qustodian Service immediately. The Member at QUSTODIAN accepts this implementation.

QUSTODIAN is a service that facilitates messages being sent between commercial companies and Members, principally via the Member’s mobile phone (the “Service”). The Member at QUSTODIAN can be economically rewarded, as determined, for using QUSTODIAN and for inviting others who, as a result, subscribe to the Service.


Registration

You must register as a Member of QUSTODIAN to enjoy its service. During the registration process QUSTODIAN will request specific personal data, such as mobile phone number, e-mail address, name, Date of Birth, sex and other data regarding your personal preferences. This data must be correct and will be included in your Member profile (your “Yoad”). The Member may at all times decide whether the mobile phone number and e-mail address in his or her profile is conveyed to other QUSTODIAN Members with the objective of identifying them as part of their own network. Likewise, the Member may decide what information should be included in his profile and what information therein may be shared with other QUSTODIAN Members.

You must be 18 years old or older to become a member of the QUSTODIAN service. By registering for the service you warrant that you are at least 18 years old.

QUSTODIAN forewarns that the information disclosed with the Member’s consent, may be read by other Members and that these may use said information for purposes over which QUSTODIAN has no control and, consequently, will not be held liable. QUSTODIAN petitions Members to limit the flow of identifiable personal information with the aim of avoiding its inadequate use. QUSTODIAN may unsubscribe from its service Members who do not respect the privacy of other Members or who make an unlawful, or contrary to these legal conditions, use of the data conveyed.

QUSTODIAN will use selected and appropriate data items from each Member’s Yoad to determine to whom messages should be sent from each commercial company working with QUSTODIAN. Data items that are shared with commercial companies are solely for the purposes of targeting their messages at an appropriate audience of QUSTODIAN Members. The data that is shared will be anonymous, so that commercial companies cannot identify the individual Member. The Member may only be identified by an individual commercial company if the Member expressly states via an electronic communication that they agree to their personal identifying data to be shared with that company.

Data pertaining to QUSTODIAN Members is protected by passcodes chosen by them. The Member is responsible for the custody of his or her passcodes. The Internet cannot offer absolute security; however, QUSTODIAN adopts technical and organizational measures conducive to reducing the risks. QUSTODIAN is exempt from responsibility to QUSTODIAN Members for the disclosure of their personal data to third parties when not owing to reasons directly attributable to QUSTODIAN nor for the use that any third party may give to these data.

In the case that QUSTODIAN has reasonable concerns about a Member's misuse of the Service or a Member requests that QUSTODIAN change their access data on their behalf(user name or password), QUSTODIAN may request and require such Member to produce evidence of identity, address and/or mobile ownership (such as, but not limited to, passport, phone bill or phone usage statement) in order to verify the identity of the Member and their ownership of the mobile phone (previous and/or new in the case of a change) used to access the service.


Tracking and QUSTODIAN

Each time a QUSTODIAN Member signs in via their mobile phone or their PC, QUSTODIAN will receive information on their usage activity of the Service, with the aim of providing the Service and calculating Member reward payments. Said information will not be shared as individualized information with others, although aggregated, anonymous information may be made available to third parties for reporting purposes.


Payment

The Member at QUSTODIAN has a right to financial rewards for using the QUSTODIAN Service. Likewise, the Member at QUSTODIAN has the right to be financially rewarded for the use of QUSTODIAN by third parties, when these form part of his or her network (and they have actively accepted the Member’s role as “parent” during registration).

QUSTODIAN will establish a metering system to record the activity initiated by the Member from their mobile phone, via the QUSTODIAN application, or over the mobile internet, or from other sites that have agreements with QUSTODIAN.

The Member will have access to a control panel from which to monitor his or her account, including the Qustodian account cash balance which may be transferred to their bank or Paypal account, donated to partner charities or, when available, transferred to partner services as determined by the Member, subject to compliance with the terms detailed below.

QUSTODIAN will transfer the balance available in a Member’s account when the following conditions are met:

  • That the confirmed balance in the Member’s account has reached a minimum threshold of 10 pounds.
  • That the Member requests the transfer and provides the required data on the Qustodian website to perform the transfer.
  • That the account balance has been generated as a result of the proper use of the Service, according to these Terms and Conditions of Use.

QUSTODIAN will settle the account by any means it considers appropriate. If QUSTODIAN decides to use PayPal ®, the Member at QUSTODIAN will have to open an account with this service. Those already enrolled will not need to open a new account.


Use of the Service

The Member will be responsible for any activity associated with his or her account and passcode and must notify QUSTODIAN immediately should his or her account be used without his or her consent or if he or she is aware of any violation to the security of the Service.

The Service must be used according to the demands of good faith. The Member will not use the Service in any way that might bring any harm to it or to other Members of QUSTODIAN. The following activities, among others, are prohibited:

  • Attempting to gain access to any QUSTODIAN account, equipment or network without specific authorization.
  • Manipulating accounts, equipment or networks related to QUSTODIAN
  • Obtaining or attempting to obtain without consent data derived from QUSTODIAN.
  • Charging others for their use of QUSTODIAN, both directly and indirectly.
  • Using QUSTODIAN in a way that violates the law.
  • Using QUSTODIAN in a way that violates the rights of intellectual and industrial property of QUSTODIAN or of third parties.
  • Registering for the service if you are under the age of 18 years old.
  • In any way being contrary, scornful or threatening the fundamental rights and public freedom constitutionally recognized in the international Treaties and in the rest of the legislation.
  • Encouraging, inciting or promoting criminal, degrading, libellous, defamatory and violent activities or, in general, any activity contrary to the law, to the accepted principles of morality or to the public order.
  • Encouraging, inciting or promoting discriminatory activities, attitudes or thoughts regarding sex, race, religion, belief, age or condition.
  • Incorporating, providing or enabling access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, to the accepted principles of morality or to the public order.
  • Impersonating any person or entity or misrepresenting yourself in any way.
  • Promoting commercial activities not endorsed by QUSTODIAN.
  • Soliciting passwords or other personal information for the purposes of commercial or unlawful use.
  • Using automated tools to interact with and/or collect information from the QUSTODIAN site.

Misuse of the Service

The Qustodian Service has been designed to allow individual Members to interact and engage with messages from Brands via a mobile phone, with the aim of sharing the value of this personal interaction between the Parties. Misuse of the Service by members is not permitted. Such misuse includes contravention of the restrictions defined in the previous section (Use of the Service) as well as the situation whereby Messages received in an Account are not read or interacted with by the Account holder Member or are read by another person or a machine.

In order to prevent misuse of the Service, which will have an adverse impact on all other Members of the Service, the following restrictions are applied to Members, Accounts and use of the Service:

  • Only one mobile phone number (Account) is allowed per Paypal account
  • Only one mobile phone number (Account) is allowed per bank account
  • Only one Account is allowed per Member

QUSTODIAN will monitor use of the service and should we detect any cases of misuse or abuse of the system that contravene these restrictions then we reserve the right to immediately suspend or deactivate without warning any member or members within their network associated with that detected abuse. In the case of suspected misuse of the Service, Qustodian may, at its sole discretion, allow a Member to continue using the Service provided that such Member provides valid bank account details for the purpose of both payment and Member identity verification.

In addition, access to Qustodian messages from a computer may be suspended and blocked without notice.

Qustodian reserves the right to update its Terms and Conditions at any time to restrict any other forms of misuse.


Member Responsibilities

As a MEMBER, you are responsible for:

  • Keeping Account information up to date and secure (QUSTODIAN will not be responsible for actions of third parties that gain access to your Account information)
  • Reviewing your Account on a regular basis to confirm that all cash rewards have been properly credited to your Account. If you do not receive proper credit for your activity, you must provide written notice to QUSTODIAN within 30 days of this activity. After the 30 day period, you waive any right to claim any amounts resulting from the aforementioned activity.
  • Complying with any tax liability that may result from cash back payments, prizes, or other value provided to you.
  • Agreeing to the terms of our Privacy Policy.
  • Complying with all federal, state, local and foreign laws, rules, regulations and court orders that are applicable to your use of the web site and the service, and not to use the web site for any purpose that is contrary to any such laws, rules, regulations or orders.
  • Mobile, mobile internet and internet network charges. QUSTODIAN will provide as much information as possible regarding tariffs and network costs, but accept no liability for network costs incurred by Members for use of the service.
  • Any data roaming charges associated with using the QUSTODIAN service. By default, the Qustodian service is configured to not connect when you are not in your home network country (i.e. roaming). Members are able to set this to connect when roaming within the application if they so choose. If they do so, they accept full responsibility for roaming data costs.

Privacy, Data Protection and Cookie Policies

Click here to view QUSTODIAN’s Privacy, Data Protection and Cookie Policies


Account Termination

Account membership is subject to these terms and conditions. QUSTODIAN reserves the right to terminate your Account and cancel or suspend a Members cash reward balance at any time for any failure to comply with these terms and conditions, any fraud or abuse relating to the Service, or any misrepresentation you make to QUSTODIAN. QUSTODIAN also reserves the right to close any Account that has been inactive for more than 3 (three) months. An Account is deemed inactive if the Member has not signed into their account , had no mobile phone connection activity or message views in their account.

Any termination of a QUSTODIAN Account by either party will result in a cancellation of any cash balance amounts in the Account and the loss of economic right to such balance by the Member.

QUSTODIAN disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the QUSTODIAN SERVICE results. QUSTODIAN disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. QUSTODIAN disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the QUSTODIAN SERVICES.

THE QUSTODIAN SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE QUSTODIAN SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. QUSTODIAN AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. QUSTODIAN AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE QUSTODIAN SERVICES. QUSTODIAN AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE QUSTODIAN SERVICES. QUSTODIAN AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE QUSTODIAN SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE QUSTODIAN SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE QUSTODIAN SERVICES.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE QUSTODIAN SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.


Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL QUSTODIAN OR ITS LICENSORS BE LIABLE TO ANY MEMBER ON ACCOUNT OF THAT MEMBER'S USE OR MISUSE OF OR RELIANCE ON THE QUSTODIAN SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF QUSTODIAN OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE QUSTODIAN SERVICES, FROM INABILITY TO USE THE QUSTODIAN SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE QUSTODIAN SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE QUSTODIAN SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE QUSTODIAN SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE QUSTODIAN SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE QUSTODIAN SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE QUSTODIAN SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE QUSTODIAN SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall QUSTODIAN or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Communications sent by third parties to members via the QUSTODIAN service do not reflect QUSTODIAN's views or opinions and QUSTODIAN will not take responsibility for them.


Miscellaneous

QUSTODIAN is a service of QUSTODIAN UK Limited with registered office at 145-157 St John Street, London EC1V 4PW and is holder of the Internet portal located in the address http://www.qustodian.com. QUSTODIAN UK Limited is a fully owned subsidiary of QUSTODIAN Trust S.L., registered in Calle Vilamarí 50, 2º A, 08015 - Barcelona, with Tax Identification Number nº B-85648228, inscribed in the Register of Companies of Barcelona volume 42040, folio 171, page B 400163, inscription 4.

QUSTODIAN may use specific tools such as buttons, banners, or links that enable the Member to access other sites. These tools are installed with the ultimate goal of providing and facilitating browsing to the Member at QUSTODIAN. QUSTODIAN is not responsible for the content offered in the websites accessed by the Member through these tools.

QUSTODIAN does not ensure the permanent availability and continuity of the Service due to interruptions or errors, and will not respond to any damages caused to Members by computer viruses or external agents that third parties might deposit in the Portal or in the electronic documents and folders stored in the computer system.

QUSTODIAN reserve right to change the conditions for cash reward payment and transfer for using the Service from time to time at our sole discretion, communicating such changes on its website at www.qustodian.com.


Data Protection

QUSTODIAN Members give their specific consent for the use, processing and transfer of data to all the companies participating in the provision of the Service.

QUSTODIAN is registered under the Data Protection Act 1998 in the UK with registration number Z2783678.

QUSTODIAN will collect purely and exclusively personal data of Members of an adequate and pertinent nature and not excessive with respect to the aim of their acquisition. To make use of the rights of access, rectification, cancellation and opposition, the Member can contact the QUSTODIAN Registration Department in its head office indicated above, or via e-mail to support@QUSTODIAN.com.

These General Terms and Conditions will be governed by and construed in accordance with the data protection laws.

These General Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the General Terms and Conditions will be effective only if in writing and signed by QUSTODIAN.

Last Updated: 13/May/14
QUSTODIAN UK Limited
145-157 St John Street
London EC1V 4PW