Qwil Messenger Terms of Use

Welcome to Qwil Messenger. We operate a secure messaging application and platform which is safe and compliant when it matters most: between businesses, clients and their partners. 

When you use Qwil Messenger, you are required to provide certain personal information. Details about how Qwil Messenger uses personal data is set out in our Privacy Policy, which we ask that you read. 

In particular, please note that Qwil Messenger uses the following information about you to verify who you are and to establish a connection with the business who invited you to use Qwil Messenger each time you access the Qwil Messenger service: email address, mobile phone number, password, device information, IP address, login attempt information, version of the Qwil Messenger software being used and version of our Privacy Policy which you have been shown. 

Please read the following Qwil Messenger Terms of Use, which will govern your use of the Qwil Messenger messaging service (the "Qwil Messenger Service") and the Qwil Messenger website at www.qwilmessenger.com (the "Qwil Messenger Website"). The Qwil Messenger Service and Qwil Messenger Website together are referred to as the "Services" in these terms.

By using the Services, you confirm that you accept these Qwil Messenger Terms of Use and that you agree to comply with them. If you do not agree to these terms, please do not use our Services.

Who do these terms apply to?

Users of the Qwil Messenger service

You may have been invited to use the Qwil Messenger Service by one of Qwil Messenger's customers (each a "Qwil Messenger Customer"). This will either be:

    - your employer; or 
    - a third party which is providing services to you or your employer and wants to use the Qwil Messenger Service as a way to communicate.

Each Qwil Messenger Customer has entered into an agreement with Qwil Messenger under which they are given a right to grant you access to the Qwil Messenger Service, subject to various restrictions as set out in that agreement.

Please note that Qwil Messenger Customers are likely to have their own policies regarding your use of the Qwil Messenger Service and your use of the Qwil Messenger Service should comply with these policies. Please contact the relevant Qwil Messenger Customer if you have any questions regarding its policies.

Website users

Even if you are not a user of the Qwil Messenger Service, you may be reading these Qwil Messenger Terms of Use because you are a visitor to the Qwil Messenger Website.

What's in these terms?

These Qwil Messenger Terms of Use set out:

    - the basis on which Network Platform Technologies Limited (trading as "Qwil Messenger" but also referred to as "we", "us" or "our" for the purposes of these Qwil Messenger Terms of Use) permits you to use the Services; and the content standards
    - that apply when you upload content to the Services, make contact with other users on the Services, or interact with the Services in any other way.

These Qwil Messenger Terms of Use refer to the following additional terms, which also apply to your use of our Services:

SERVICE TERMS

1. Who we are

The Qwil Messenger Service and the Qwil Messenger Website are operated by Network Platform Technologies Limited, trading as Qwil Messenger. We are registered in England and Wales under company number 10651016 and have our registered office at 57-61 Charterhouse Street, EC1M 6HA London, United Kingdom.

2. We may make changes to these terms

We amend these Qwil Messenger Terms of Use from time to time. Every time you wish to use our Services, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 1st June 2018.

3. We may suspend or withdraw our Services

We do not guarantee that our Services, or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

4. You must keep your account details safe

You must treat any of your registration or login information relating to the Services as confidential. You must not disclose it to any third party. 

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Qwil Messenger Terms of Use.

We are not responsible for any use or misuse of your registration or login information (and resulting access to the Services) arising from your failure to keep your registration or login information safe and confidential.

If you know or suspect that anyone other than you knows your registration or login details, you must promptly notify us at support@qwilmessenger.com (and, if you are a user of the Qwil Messenger Service, the Qwil Messenger Customer who invited you to use the Services).

5. Our intellectual property rights

We are the owner or the licensee of all intellectual property rights in our Services. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You must not copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Services in any form or media or by any means or attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Services.

6. Do not rely on information on the Qwil Messenger Website

The content on the Qwil Messenger Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Qwil Messenger Website.

Although we make reasonable efforts to update the information on the Qwil Messenger Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Qwil Messenger Website is accurate, complete or up to date.

7. Websites we link to

Where the Qwil Messenger Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

8. User-generated content is not approved by us

Our Services include information and materials uploaded by other users of the Services. While we have in place acceptable use restrictions on users (see the "Acceptable Use" section of these Qwil Messenger Terms of Use below), this information and these materials have not been verified or approved by us. The views expressed by other users on our Services do not represent our views or values and the content uploaded or sent by users via the Services does not belong to us.

If you wish to complain about information and materials uploaded by other users on the Qwil Messenger Service, please contact the Qwil Messenger Customer who invited you to use the Qwil Messenger Service. If you wish to complain about information and materials uploaded by other users on the Qwil Website, please contact us at support@qwilmessenger.com.

9. Our responsibility for loss or damage suffered by you

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

We exclude all implied conditions, warranties, representations or other terms that may apply to our Services or any content on it. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

    (a) use of, or inability to use, our Services; or

    (b) use of or reliance on any content displayed on our Services.

In particular, we will not be liable for:

    (c) loss of profits, sales, business, or revenue;

    (d) business interruption;

    (e) loss of anticipated savings;

    (f) loss of business opportunity, goodwill or reputation; or

    (g) any indirect or consequential loss or damage.

10. How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

11. How we may use your personal information

Any content, materials and information sent or submitted via the Services including without limitation, information, audio recordings, photographs, videos, graphics, images, music, software, documents, other materials or works of authorship of any kind which you create, send, submit, upload, publish, display, link or customize, store or transmit in connection with the Services ("Content") must comply with the content standards set out in the Acceptance Use section below.

You represent and warrant that you have or have secured all necessary rights (including intellectual property rights) and permissions to share, distribute, publish and make available and license your Content and your Content will not infringe the rights of any third party. We do not claim ownership in your Content.

You understand that Content will be visible to others and you agree that they may, freely view, use, distribute, reproduce, display, adapt and transmit your Content in connection with their use of the Services.

You are solely responsible for your Content. We accept no responsibility for the accuracy or otherwise of your Content that we store and process on your behalf.

In consideration of your access and use of the Services, you grant us, (in the case of Content sent or submitted via the Qwil Messenger Service, for the duration of the use of the Qwil Messenger Service by the Qwil Messenger Customer which invited you to use the Qwil Messenger Services), a worldwide, non-exclusive, unlimited, transferable, sub-licensable, fully paid up, royalty free license to use your Content: 

    (a) to provide, maintain and improve the Services;

    (b) as required or permitted by these Qwil Messenger Terms of Use; or 

    (c) as otherwise agreed with you in writing.

12. We are not responsible for viruses and you must not introduce them

We do not guarantee that our Services will be secure or free from bugs or viruses.

You are responsible for configuring your information technology to access our Services. You should use your own virus protection software.

You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Services, the server(s) on which our Services are stored or any server, computer or database connected to our Services. You must not attack our Services via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.

13. Breach of these Qwil Messenger Terms of Use

When we consider that a breach of these Qwil Messenger Terms of Use has occurred, we may take such action as we deem appropriate. This may result in our taking all or any of the following actions:

    (a) immediate, temporary or permanent withdrawal of your right to use our Services;

    (b) immediate, temporary or permanent removal of any Content uploaded by you to our Services;

    (c) issue of a warning to you;

    (d) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

    (e) further legal action against you; or

    (f) disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

14. Which country's laws apply to any disputes?

Please note that these Qwil Messenger Terms of Use, their subject matter and their formation, are governed by English law. All disputes are subject to the jurisdiction of the courts of England and Wales.

ACCEPTABLE USE OF THE SERVICE

1. Prohibited uses

You may use our Services only for lawful purposes. You may not use our Services:

    (a) in any way that breaches any applicable local, national or international law or regulation;

    (b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

    (c) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below; or

    (d) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

    (e) not to reproduce, duplicate, copy or re-sell any part of our Services in contravention of the provisions of these Qwil Messenger Terms of Use;

    (f) not to access without authority, interfere with, damage or disrupt:

      (i) any part of our Services;

      (ii) any equipment or network on which our Services are stored;

      (iii) any software used in the provision of our Services; or

      (iv) any equipment or network or software owned or used by any third party.

2. Content standards

These content standards apply to any and all Content which you post or send via our Services.

The content standards in this section must be complied with in spirit as well as to the letter. The standards apply to each part of any Content as well as to its whole. Qwil Messenger will determine, in its discretion, whether Content breaches these content standards.

Content must comply with the law applicable in England and Wales and in any country from which it is posted.

Content must not:

    (a) be defamatory of any person;

    (b) be obscene, offensive, hateful or inflammatory;

    (c) promote sexually explicit material;

    (d) promote violence;

    (e) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

    (f) infringe any copyright, database right, trade mark or any other intellectual property right of any other person;

    (g) be likely to deceive any person;

    (h) breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

    (i) promote any illegal activity;

    (j) be in contempt of court;

    (k) be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;

    (l) be likely to harass, upset, embarrass, alarm or annoy any other person;

    (m) impersonate any person, or misrepresent your identity or affiliation with any person; or

    (n) advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.

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