Terms & Conditions

Welcome to Qxottic and thank you for visiting our Platform, these Terms and Conditions or Service of Use for Qxottic Website and Mobile Application available on both Apple Store & Google Play collectively referred to as “Platform”, and sometimes referred to as, herein “we” or” us” or “our” or “Company” and are hereby made effective, and, without waiving or otherwise releasing any right or obligation under any prior terms and conditions of the use of Qxottic hereby amend and restate any such prior Terms and Conditions.

The words "You" or "User" "Your" are used herein refer to as all individuals accessing or using the Platform for any reason.

Section 1: Acceptance

By clicking “I Agree” and/or simply by using or accessing our Platform, you hereby agree:

• that you have received, read, and understood these Terms and Conditions, and that these Terms and Conditions create a valid and binding agreement, enforceable against you in accordance with the terms hereof,
• to be bound by these Terms and Conditions, any terms, conditions or other rules, regulations or policies of Qxottic as each may be amended or supplemented from time to time in our sole discretion without notice, and
• that your use of our services and our Platform shall comply with all applicable national, state and local laws, rules, or regulations, and that you are solely responsible for your compliance with, familiarity with, and understanding of any such laws, rules, or regulations applicable to your use of the Platform. If you do not agree with any portion of these Terms and Conditions, you are prohibited from using or accessing our services.

Section 2: Eligibility

You must be at least eighteen (18) years of age to use the Platform, unless the age of majority in your jurisdiction is greater than eighteen (18) years of age, in which case you must be at least the age of majority in your jurisdiction. Use of the Platform is not permitted where prohibited by law.

Section 3: Registration Obligations

You may be required to register with Qxottic in order to access and use certain features on the Platform. If you choose to register, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by our Registration Form. Registration data and certain other information about you are governed by our Privacy Policy. You are responsible for anything that occurs when anyone is signed into your account, as well as the security of the account.

Section 4: Personal Responsibility

You aim to accurately represent the information provided to us on or through our Platform. You acknowledge that you are participating voluntarily in using our Platform and that you are solely and personally responsible for your choices, actions, and results, now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through this Platform, and you agree to use your own judgment and due diligence before implementing any idea, suggestion, or recommendation from our Platform to your life, family or Product.

Section 5: Lifetime Membership

By starting your Membership and providing or designating a payment method, you authorise us to charge you on at the current rate. All transactions are to be made in Australian dollars (AUD). Membership is void where Prohibited by Law. Prices are subject to change and may vary due to various reasons, including special and limited Promotional offers. All payments, including for membership purchases, must be made with your valid Credit Card or Debit Card or other available payment method, the information of which may be kept on file by us or by our payment processors.

Section 6: Online Payments

You represent and warrant that if you are making online payments that:

• any credit card, debit card and bank account information you supply is true, correct and complete,
• charges incurred by you will be honored by your Credit/Debit Card Company or Bank,
• you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and
• you are the person in whose name the card was issued and you are authorised to make a purchase or other transaction with the relevant credit card and Credit Card information.

Section 7: Grant of Use

We grant you a non-exclusive, non-transferable and limited right to access, non-publicly display, and use the Platform, including all content available therein (the “Content”) on your computer or mobile device consistent with these Terms. This grant is terminable by us at will for any reason and at our sole discretion, with or without prior notice. Upon termination, we may, but shall not be obligated to:

• Delete or deactivate your account
• Block your email and/or IP addresses or otherwise terminate your use of and ability to use the Platform, and/or (iii) Remove and/or delete any of your User Submissions (defined below). You agree not to use or attempt to use the Platform after said Termination. Upon Termination, the grant of your right to use the Platform shall terminate, but all other portions of these Terms shall survive. You acknowledge that we are not responsible to you or any Third Party for the termination of your grant of use.

Section 8: Intellectual Property

The Content on the Platform, excluding User Submissions and Third-Party Content, but including other text, graphical images, photographs, music, video, software, scripts and trademarks, service marks and logos contained therein, collectively “Proprietary Materials”, are owned by and/or licensed to us. All Proprietary Materials are subject to Copyright, Trademark and/or other rights under the laws of applicable jurisdictions, including Domestic Laws, Foreign Laws, and International Conventions. We reserve all our rights over our Proprietary Materials. Except as otherwise explicitly permitted, you agree not to copy, modify, publish, transmit, distribute, participate in the transfer or sale of, create derivative works of, or in any other way exploit, in whole or in part, any Content.

Section 9: User Submissions

You are entirely responsible for any and all materials you share, upload, submit or otherwise make available via the Platform, including videos or any other communications or profile information, collectively, “User Submissions”. User Submissions cannot always be withdrawn. You acknowledge that any disclosure of personal information in User Submissions may make you personally identifiable and that we do not guarantee any confidentiality with respect to User Submissions.

You shall be solely responsible for any and all of your own User Submissions and any and all consequences of positing, uploading, publishing or otherwise making them available. For any of your User Submissions, you affirm, represent and/or warrant that:

• You own or have the necessary licenses, permissions, rights or consents to use and authorise us to use all trademarks, copyrights, trade secrets or other proprietary rights in and to User Submissions for any and all uses contemplated by the Platform and these Terms;
• You will not post, or allow anyone else to post, any material that depicts any individual under the age of eighteen (18) years;
• You have written consent, release, and/or permission from each and every identifiable individual in the User Submission to use the name and/or likeness of each and every such identifiable individual to enable use of the User Submission for any and all uses contemplated by the Platforms and these Terms.

You further agree that you shall not submit material that:

• Is Copyrighted, protected by trade secret or Trademark Laws, or otherwise subject to Third Party Proprietary Rights, including Privacy and p\Publicity Rights, unless you are the owner of such rights or have explicit permission from the rightful owner to submit the material and to grant us all of the license rights granted herein;
• Is vulgar, illegal, unlawful, defamatory, fraudulent, libelous, harmful, harassing, abusive, threatening, invasive of privacy or publicity rights, hateful, racially or ethnically offensive, inflammatory, or otherwise inappropriate as decided by us in our sole discretion; Depicts illegal activities, promotes or depicts physical harm or injury against any group or individual, or promotes or depicts any act of cruelty to animals;
• Impersonates any person or entity or otherwise misrepresents you in any way, including creating a false identity;
• Would constitute, encourage or provide instructions for a criminal offense, a violation of the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; or
• Is unsolicited or unauthorised advertising, promotion, “spam” or any other form of solicitation.

We claim no ownership or control over User Submissions or Third-Party Content. You or a Third-Party licensor, as appropriate, retain all copyrights to User Submissions and you are responsible for protecting those rights as appropriate. You irrevocably grant us a World-Wide, non-exclusive, royalty-free, perpetual, non-cancelable, sub-licensable license to reproduce, publicly perform, publicly display, distribute, adapt, modify, publish, translate, create derivative works of and otherwise exploit User Submissions for any purpose, including without limitation any purpose contemplated by the Platform and these Terms.

You acknowledge that we may at our sole discretion refuse to publish, remove, or block access to any User Submission for any reason, or for no reason at all, with or without notice.

Section 10: Content of the Platform

You understand and acknowledge that we assume no responsibility whatsoever for monitoring the Platform for inappropriate content or conduct. If at any time we choose, in our sole discretion, to monitor such content, we assume no responsibility for such content, have no obligation to modify or remove any such content (including User Submissions and Third-Party Content), and assume no responsibility for the conduct of others submitting any such content (including User Submissions and Third-Party Content).

Without limiting the provisions below on limitations of liability and disclaimers of warranties, all Content (including User Submissions and Third-Party Content) on the Platform is provided to you “AS-IS” for your information and personal use only and you shall not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit for any other purpose whatsoever the Content without the prior written consent of the respective owners/licensors of the Content.

You acknowledge that we may at our sole discretion refuse to publish, remove, or block access to any Content for any reason, or for no reason at all, with or without notice.

Section 11: Maintenance

We may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the User's access to the Services (as the case may be) without giving any prior notice, to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Agreement, the we shall not be liable to indemnify the User for any loss or/and damage or/and costs or/and expense that the User may suffer or incur.

Section 12: Acceptable Use

You represent and warrant that all the information and content provided by you to us is accurate and current and that you have all necessary rights, power and authority to:

• agree to these Terms,
• provide the User Submissions to us, and
• perform the acts required of you under these Terms.

You hereby expressly authorise us to monitor, record and log any of your activities on the Platform, including your Chats, Streams, Messages, interactions with other users and User Submissions.

As a condition of your use of the Platform:

• You agree not to use the Platform for any unlawful purpose or in any way that is prohibited by these Terms;
• You agree to abide by all applicable Local, State, Federal and International Laws and Regulations;
• You agree not to use the Platform in any way that exposes us to criminal or civil liability;
• You agree that you are solely responsible for all acts and omissions that occur as a result of your use of the Platform;
• You agree that all your User Submissions that you provide to us belongs to you and that you have the right and authority to provide it to us;
• You agree to maintain the security of your login password and to be fully responsible for any and all use of your account;
• You agree not to use or attempt to use any other party’s account on the Platform without authorisation;
• You agree not to use any automated means, including robots, crawlers or data mining tools, to download, monitor or use data or Content from the Platform;
• You agree not to use the Platform to collect usernames and/or email addresses for sending unsolicited messages of any kind;
• You agree not to take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it;
• You agree not to “stalk” or otherwise harass anyone on or through the Platform;
• You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any information you transmit;
• You agree not to disable, circumvent, or otherwise interfere with security related features of the Platform or features that prevent or restrict use or copying of any content or which enforce limitations on the use of the Platform or the content therein;
• We reserve the right to take appropriate action against any user for any unauthorized use of the Platform, including civil, criminal and injunctive redress and the termination of any user’s use of the Platform. Any use of the Platform and our computer systems not authorised by these Terms is a violation of these Terms and certain international, foreign and domestic criminal and civil laws.

Section 13: Indemnification

You agree to defend, indemnify and hold Qxottic and our Members, Owners, Directors, Officers, Employees, and Agents harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys' fees, arising in any way from any content or other material you place on the Platform or submit to us, or your breach or violation of the law or of these Terms and Conditions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

Section 14: Disclaimer of Warranties

We do not:

• Guarantee the accuracy, completeness, or usefulness of any Third-Party content on the Platform or any products available on or,
• Adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice or statement made by any seller or seller or any party that appears on the platform. Under no circumstances will we be responsible or liable for any loss or damage resulting from your reliance on information or other content posted on available from the platform.

Section 15: Limitation of Liability

In no event, including but not limited to negligence, will we or any of our Directors, Members, Owners, Officers, Employees, Agents or Content or Sellers (collectively, the “Protected Entities”) be liable for any indirect, special incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the platform or the content, materials, products, and functions related to the platform, your provision of information via the platform, lost product or lost sales, even if such protected entity has been advised of the possibility of such damages some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to certain users to the required by applicable law.

Section 16: Waivers

Our failure to act with respect to a breach of these Terms and Conditions by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.

Section 17: Force Majeure

Neither party hereto shall be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God, and similar occurrences.

Section 18: Governing Law and Jurisdiction

These Terms and Conditions will be governed by and construed in accordance with Australian law, and the courts of Melbourne will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.

Section 19: Third-Party Links

Third-Party links on this Platform may direct you to third-party sites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or sites, or for any other materials, products of Third-Parties.

Section 20: Modifications

Qxottic shall at its discretion be entitled to modify the terms and conditions of the terms of use and qualifications and conditions mentioned herein. The User at all times shall be bound by the Rules/Regulations/Qualifications/Conditions (as may be altered) at all times and no person shall be entitled to dispute/challenge any such modifications by Qxottic from time to time.

Section 21: Refund Policy

At Qxottic, customer satisfaction is our top priority. If for any reason you are not completely happy with your purchase, we are here to help. Please read our refund policy below for all the details regarding refunds.

1. Eligibility for Refunds

We strive to provide the best quality products to our customers. Refunds are available under the following conditions:

• Product not as described: If the product received does not match the description or specifications listed on our website, we will offer a refund.

Please Note: We do not offer refunds for change of mind or buyer's remorse.

2. How to Request a Refund

If you believe you are eligible for a refund, please follow these steps:

1. Contact us: Reach out to our customer service team at support@qxottic.com within 7 days of purchase.
2. Include your order date, details, your account details, and a description of the issue.

Our customer service team will review your request and guide you through the next steps.

3. Refund Process

Once we have received your request for a refund and verified your request, we will process your refund:

• Refund Method: Refunds will be credited to the account provided. Please allow up to 3-5 business days for the refund to appear in your account.
• Refund Times: The processing time may vary depending on your payment provider. It can take up to 3-5 days for your refund to reflect in your bank account or on your card statement.

4. Force Majeure

We are not liable for any delays or failure to process refunds due to unforeseen events such as natural disasters, strikes, or other circumstances beyond our control.

5. Policy Changes

Qxottic reserves the right to update or modify this refund policy at any time. Changes will be posted on this page, and the updated policy will take effect immediately upon publication. We recommend that you review this policy periodically.

6. Contact Us

If you have any questions or concerns about our refund policy, please don’t hesitate to contact our customer service team at support@qxottic.com. We are here to assist you and ensure your experience with Qxottic is smooth and satisfactory.

Section 22: Termination

We may terminate, change, suspend, or discontinue any aspect of the Platform or the Platform's or Services at any time. We may restrict, suspend or terminate your access to the Platform and/or its Services if we believe you are in breach of these Terms and Conditions or applicable law, you are a repeat infringer of Intellectual Property Rights, or for any other reason without Notice or Liability.

Section 23: Copyright

©2024 Qxottic. All rights reserved. All materials excluding any third-party materials presented on this Platform are copyrighted and owned by Qxottic. Any republication, retransmission, reproduction, downloading, storing, or distribution of all or part of any materials found on this Platform is expressly prohibited.