Qepon Pte. Ltd, (“Qepon” or “we” or “us” or “our” or other similar pronouns) offers you (“you” or “your” or “users”) calling services through Qepon’s licensed software application (“Licensed Application”) for mobile devices available on Qepon’s website at (https://www.qepon.com) (“Site”), Google Play, or, App Store. The Site, the Licensed Application and the various Qepon services offered to you may be collectively referred to in these terms as the “Service”. You understand that, just like a regular mobile phone service, anyone with knowledge of your phone number may call you through our Licensed Application. Our Licensed Application is licensed, not sold, to you for use only under the terms of this terms of use, unless a product or service is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to your prior acceptance of that separate license agreement. We reserve all rights not expressly granted to you. This terms of use is a binding legal document between Qepon and you and explains your rights and obligations as a user of the Service (“License”). By using the Service you acknowledge and agree to the terms of this Terms of Use, the Qepon Privacy Policy all of which are incorporated by herein by reference. If you choose to not agree with any of these terms, you may not use the Service.
NO ACCESS TO EMERGENCY SERVICES:
Qepon is not a replacement for your ordinary mobile or fixed line telephone and does not allow you to make emergency calls to emergency services. You must make alternative communication arrangements to ensure that you can make emergency calls if needed.
A. DEFINITIONS
The following words and terms shall have the meanings set forth below when they are used in the Terms and Conditions. “content(s)” means information such as text, audio files, music, images, videos, software, programs, computer code, and the like. “Content(s)” means content(s)that may be accessed through the Service. “Submitted Content(s)” means content(s)that Users have submitted, transmitted, or uploaded. “Separate Terms and Conditions” means documents released or uploaded by the Company that pertain to the Service, under the title"agreement,““guideline,““policy,“and the like. “Hearing Advertisement” or “Hearing Ads” means advertisement in audio files which used for the Ring Back Tone. “Cellphone number” means the cellphone number which registered with the provider
B. TERMS OF USE QEPON APPLICATION
1. Scope of Terms of Use
This Terms of Use is a limited, non-exclusive, non-transferable, non-sublicensable license to use the Licensed Application on any mobile device or personal computer that you own or control. You may not distribute or make the Licensed Application available over a network where it could be used by multiple mobile devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this Terms of Use), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (unless the foregoing restriction is prohibited by applicable law, or permitted by the licensing terms governing the use of any open sourced components of the Licensed Application, if any). In addition, any commercial copying or distribution, publication or exploitation of the Site, or any content, software, code, data or materials on or from the Site, are strictly prohibited unless you have received express prior written permission from us or the applicable rights holder. Any attempt to do so is a violation of our rights. If you breach these restrictions, you may be subject to prosecution and damages. The terms of the Terms of use will govern any upgrades provided by us that replace and/or supplement our Service, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
2. Consent to Use of Data
How Qepon receives, collects and uses information about you from your use of the Service in general, including Personal Information, is more fully described in the Qepon Privacy Policy. By using the Licensed Application, you understand and agree that we may collect and use technical data and related information, including but not limited to technical information about your mobile device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Licensed Application. We may use this information to improve our Service.
3. Change to this Terms of Use
We may modify the Terms of Use or Separate Terms and Conditions when the Company deems necessary, without providing prior notice to Users. The modification will become effective once the modified Terms of Use or Separate Terms of Use are posted on an appropriate location within the website operated by the us. Users shall be deemed to have granted valid and irrevocable consent to the modified Terms of Use or Separate Terms of Use by continuing to use the Service. Users shall refer to the Terms of Use on a regular basis when using the Service, since a separate notification regarding the modification to Terms of Use may not be provided.
4. Account
- 4.1 Before using the Qepon application users have to register the identity based on user’s identity card that provide genuine, accurate, and complete information about him/herself.
- 4.2 Users also have to register their active cellphone number for the verification purpose.
- 4.3 Any registered User to the Service may delete his/her account and withdraw from using the Service, at any time.
- 4.4 We may suspend or delete a User’s account without giving prior notice to the User if we believe that the User is violating or has violated the Terms and Conditions.
- 4.5 We reserve the right to delete any account that has been inactive for a period of a year or more since its last activation, without any prior notice to the User.
- 4.6 Users’rights to use the service shall expire when their account has been deleted for any reason. The account cannot be retrieved even if Users have accidentally deleted their account, and the Company asks Users to be aware of this.
- 4.7 Each account in the Service is for the exclusive use and belongs solely to the owner of the account. Users may not transfer or lend their accounts to any third party nor may their accounts be inherited by any third party.
5. Privacy
- 5.1 We place its highest priority on the privacy of its Users.
- 5.2 We guarantee to protect the privacy and personal information of its users in accordance with the Qepon Privacy Policy
- 5.3 We guarantee to exercise the utmost care and attention regarding its security measures for the continued security of any and all User information.
- 5.4 Other matters related to privacy will be set in Qepon’s Privacy Policy
6. The Service
- 6.1 Once you have downloaded the Licensed Application and become a Qepon user, you can call any other Qepon user for free. In addition, we offer you the opportunity to become a premium Qepon user, which allows you to call another Qepon users with certain special features that will not be given to the Qepon’s free users.
- 6.2 In the course of using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable. Nevertheless, you agree to use our Service at your sole risk and we shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. You agree not to exploit the Service in any unauthorized way whatsoever, including but not limited to, trespassing or burdening network capacity.
- 6.3 We make no representation that our Service is available for use in any particular location. To the extent you choose to access our Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. We reserve the right to change, suspend, remove, or disable access to our Service at any time without notice. In no event will we be liable for the removal of or disabling of access to our Service. We may also impose limits on the use of or access to our Service without notice or liability.
- 6.4 We may automatically check your version of the Licensed Application. We have no obligation to make available any updates. However, we may
- (a) require you to download and install updates; or
- (b) automatically download and install updates to your device.
- 6.5 We do not consider proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements (“Feedback”) to be confidential information. If you send any Feedback to us through the Site, social networks or otherwise, you acknowledge and agree that We shall not be under any obligation of confidentiality with respect to the Feedback and nothing in this License limits or restricts Qepon’s right to independently use, develop, evaluate, or market products, whether incorporating the Feedback or otherwise.
- 6.6 You may link to the Site from another website owned by you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement by Qepon where none exists. You may not frame the Site on any other website. Qepon may revoke the permission to link to the Site at any time at its sole discretion.
- 6.7 We provide broadcasting ads service that will be heard to the Qepon’s certain users as Ring Back Tone.
- 6.8 The broadcasting ads service will be regulated by us and another party(ies) with separate agreement.
7. Your Obligations
- You may not :
- 7.1 intercept or monitor, damage or modify any communication which is not intended for you;
- 7.2 use any type of spider, virus, worm, trojan-horse or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble the Service;
- 7.3 send unsolicited communications (also referred to as “SPAM”, “SPIM” or “SPIT”) or any communication not permitted by applicable law or use the Service for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity;
- 7.4 expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way;
- 7.5 use the Service to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party;
- 7.6 use (including as part of your name and/or profile picture) any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights;
- 7.7 collect or harvest any personally identifiable information, including account names, from the Service; or
- 7.8 impact or attempt to impact the availability of the Service, with a denial of service (DOS) or distributed denial of service (DDoS) attack.
8. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE, INCLUDING THE SITE AND LICENSED APPLICATION ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY. SHOULD THE SERVICE CAUSE ANY DEFECTS, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
9. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
10. End Users and Export Control.
You will not use or export the Licensed Application or any product or service offered on the Site or through the Service, in violation of any applicable laws or regulations, including without limitation Singapore export laws and regulations.
11. Charge for Qepon’s Premium Users
- 11.1 The charges payable for Qepon’s Premium Users that contain certain additional benefits that are not given to the Qepon’s Free Users. The benefits are Users will not hear the Hear ads service that provide by us and the guarantees that your call will kept safely in our system.
- 11.2 We may change the charge for premium users at any time without notice to you by posting such change at https://www.qepon.com The new rate will apply to your next period after the new charges have been published. Please check the latest charges before you use the premium service. If you do not accept the new charge, do not use the premium service.
- 11.3 From time to time, We may offer products or features available at no charge for a trial period. However, We reserve the right to charge you for such products (at the normal rate) in the event that We determine (in its reasonable discretion) that you are abusing the terms of the offer, including if you are using any service, proxy or other devices or anonymous IP address that prevents us from locating you
- 11.4 We may collect VAT or other indirect taxes at the appropriate rate for the particular territory (as per applicable tax rules) at the time of purchase of Qepon’s Premium.
- 11.5 Using the Licensed Application on mobile applications will use some of the data allowance available on the data package to which you have subscribed with your mobile network operator. Out-of-country usage may lead to significantly higher costs than regular usage, and you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges levied by your mobile network operator.
12. Refunds
- 12.1 If you believe that Qepon has charged you in error, you must contact Qepon within 90 days of such charge. No refunds will be given for any charges more than 90 days old.
- 12.2 We reserve the right to refuse a refund request if it reasonably believes
- (i) that you are trying to unfairly exploit this refund policy, for example, by making repetitive refund requests in respect of the same product or feature;
- (ii) if you are in breach of the terms of this License; or
- (iii) if We reasonably suspects that you are using any of our products fraudulently or that your User Account is being used by a third party fraudulently. This refund policy does not affect any of your statutory rights to pursue a claim.
13. Qepon’s Ownership Rights.
The Service, including the Site and Licensed Application (including any content or information contained therein) and all copies thereof are protected by copyright and other intellectual property laws and treaties. Qepon or its licensors own the title, copyright, and other intellectual property rights in the Site, Licensed Application and Service and all copies, modifications and derivative works thereof, and the underlying software (including any user Feedback) (“Qepon Pte Ltd”), and your use of our Service does not grant to you, nor do you acquire any ownership rights in the Qepon.
14. Jurisdiction.
The laws of the Singapore Republic, excluding its conflicts of law rules, govern this License and your use of the Licensed Application. You expressly agree that The Singapore International Arbitration Center have exclusive jurisdiction over any claim or dispute with Qepon or relating in any way to your use of the Licensed Application or Service. Your use of the Licensed Application and Service may also be subject to other local, state, national, or international laws.
15. Indemnity.
You will indemnify, defend and hold harmless Qepon from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any claim arising from or relating to any breach by you of this license.
16. Links to Third Party Websites.
The Site may contain links to other third party websites (“Third Party Sites”). These Third Party Sites are provided solely as a convenience to you. Such Third Party Sites are not under Qepon’s control, and Qepon is not responsible for and does not endorse the content of such Third Party Sites, including any information or materials contained on such Third Party Sites. You will need to make your own independent judgment regarding your interaction with these Third Party Sites.
17. Acceptance of Terms of Use.
You affirm that you have the ability to enter into this Terms of Use. If you are under the age of consent in your jurisdiction to form a binding agreement (and you are more than 13 years of age), you affirm that you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Terms of Use, and to abide by and comply with this Terms of Use. The Service is not intended for children under the age of 13.
18. General.
This Terms of Use is the entire agreement between you and Qepon relating to the Service and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Service or any other subject matter covered by this Terms of Use. If any provision of this Terms of Use is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. This Terms of Use may not be modified or amended except as described herein by Qepon or otherwise with the written agreement of Qepon.