AGREEMENT TO BE BOUNDPlease read the Terms carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to be bound by the Terms. If you do not agree to the Terms, then you may not access or use the Service. QentCha Limited may amend the Terms from time to time and will provide notice of any substantive changes on this website, http://www.qentcha.com. Continued usage of the Service constitutes acceptance of the amended Terms.
ABILITY TO ENTER INTO THIS AGREEMENTThe Service is available only to individuals who are at least thirteen (13) years old. By using the Service you represent that you are at least 13 years of age and otherwise able to enter into a valid and binding legal agreement and acknowledge that the Terms constitute a valid, binding agreement between you and us.
QENTCHA SERVICE (Room)The Service enables you to create unique groups (Rooms) with friends and other individuals and then allows you send messages, photos and location to individuals you or others add to the group. We recommends that you go to http://qentcha.com, Google Play and Apple App Store to download the QentCha application. Please note that any text messages, photos and location sent in the Room is visible to every individual in the Room.
QENTCHA MESSAGING AND CONSENTConsent to add group (Room) members. QentCha makes it easy for you to add group members to your groups (Room) so that you can exchange messages, photos and location with each other. YOU REPRESENT TO US THAT EACH PERSON YOU ADD TO A GROUP HAS CONSENTED TO BE ADDED TO THE GROUP AND TO RECEIVE ADMINISTRATIVE MESSAGES FROM US AND TEXT MESSAGES FROM YOU AND ANYONE ELSE IN THE GROUP.
TEXT MESSAGING AND PHOTOS FEESQentCha does not charge a fee to use the Service, but any text messages and photo sent and/or received are subject to standard text messaging and photo rates. Additionally, text messages and photos sent and/or received count towards a monthly quota as any other messages do. Any users, whether sending or receiving text messages and photos with the Service, should be aware that standard text messaging and photos rates may apply.
QENTCHA ACCOUNTS AND USE OF SERVICEIf you create an account on QentCha, you are responsible for maintaining the security of your account and groups, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your groups. You must immediately notify us of any unauthorized uses of your group, your account, or any other breaches of security. We will not be liable for any acts or omissions by any user, including any damages of any kind incurred as a result of such acts or omissions. Further, you agree that you will provide only truthful information in your user profile and will neither falsify your phone number or your email address nor spoof another individual's phone number or email address. Third party vendors may further restrict your use of the Service.
USER RESPONSIBILITIESIf you operate a group, post material to one, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from that Content. By using the Service, you assume responsibility for your use of the Service and agree not to use it in ways not explicitly authorized by QentCha. You represent that you own and control all of the rights to the Content that you share when using the Service, or you otherwise have the right to post or share the Content on the Service; and represent that the use and posting of the Content you supply does not violate the Terms, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for us or for third parties. Using the Service means that you will:
Only send messages, photo and location to people who have expressly agreed to receive text messages, photo and location from you, other members of the group, and QentCha. Inappropriate Content will be removed within 24 hours.Comply with all applicable laws and regulationsNot infringe on the intellectual property or privacy of othersOnly share Content that is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party. Inappropriate Content will be removed within 24 hours.Fully comply with any third-party licenses relating to the Content, and have completed all acts necessary to successfully pass through to end users any required termsEnsure that the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive contentEnsure that the Content is not spam, is not machine- or randomly-generated, and does not contain commercial contentEnsure that the Content is not being sent in connection with any unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing)Comply strictly with any carrier agreements and terms associated with your mobile device; and not attempt to disrupt the Service
CONTENTAny Content transmitted by groups is not representative of our opinions including our employees.
CONTENT LICENSINGBy using QentCha and submitting Content to a group, you grant us a world-wide, royalty-free, perpetual, fully sub-licenseable and non-exclusive license to reproduce, modify, adapt and publish the Content in connection with the Service. Without limiting any of those representations or warranties, QentCha Limited has the right (though not the obligation) to, in its sole discretion (i) refuse or remove any content that violates any QentCha policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in QentCha Limited’s sole discretion. This may include modifying or stopping the Service in its entirety.
COPYRIGHT CLAIMSWe respect the intellectual property of others. If you think material shared in a QentCha group violates any of your copyrights, please contact QentCha Limited.We will reply to all such notices, including as required or appropriate by removing any infringing material or eliminating all links to the infringing material. Should a user repeatedly infringe on copyrights or other intellectual property, QentCha will terminate that user's access to QentCha.
MODIFICATIONS TO AND TERMINATION OF THE SERVICEQentCha Limited may periodically make updates to the Service. Disruptions to the Service are rare but may occur. QentCha Limited reserves the right to terminate the Service at its sole discretion. This may prevent you from accessing any Content made available through or on the Service.
DISCLAIMER OF WARRANTIESYOUR USE OF THE SOFTWARE AND SERVICE IS AT YOUR SOLE RISK. THE SOFTWARE AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. QENTCHA DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE, AND YOU RELY ON THE SERVICE AT YOUR OWN RISK. ANY MATERIAL TRANSMITTED OR STORED THROUGH USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE TRANSMISSION OF ANY MATERIAL THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM QENTCHA OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
LIMITATION OF LIABILITYNEITHER QENTCHA NOR LICENSORS OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF QENTCHA HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SOFTWARE OR SERVICE. UNDER NO CIRCUMSTANCES WILL QENTCHA'S OR OUR AFFILIATES', LICENSORS' OR SUPPLIERS' TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF THE TOTAL AMOUNT PAID BY YOU TO QENTCHA FOR THE SOFTWARE OR SERVICE. THE LIMITATIONS SET FORTH IN THIS AGREEMENT APPLY EVEN IF ANY LIMITED REMEDY UNDER THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION ON CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY TO YOU.
INDEMNIFICATIONYou agree to indemnify and hold harmless QentCha Limited, its contractors, affiliates and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Service, including but not limited to your violation of the Terms, or your breach of any representation or warranty contained in these Terms.
FORCE MAJEUREWe will not be liable to you for any delay or failure to perform any obligation under the Terms if the delay or failure is due to circumstances beyond our reasonable control.
MISCELLANEOUSThese Terms constitute the entire agreement between QentCha, QentCha Limited, and you concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of QentCha Limited, or by the posting by QentCha of a revised version. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing or otherwise be authorized. There are no third party beneficiaries to the Terms. Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
DISPUTE RESOLUTION: CHOICE OF FORUM AND LAWExcept to the extent applicable law, if any, provides otherwise, and except as set forth below under Class Action Waiver provision, all disputes arising out of or in any way related to this Agreement or the Service shall be brought exclusively in European Union court.
CLASS ACTION WAIVER: IMPORTANT PLEASE READ CAREFULLY GENERALYou agree that, unless prohibited by applicable law, the parties to the Terms may elect to arbitrate - and require the other party to arbitrate - any claim arising out of or in any way related to this Agreement or the Service.
IMPORTANT NOTICE AND LIMITATIONSIf you or we elect to arbitrate a claim, neither you nor we will have the right to: (1) have a court decide the claim; (2) participate in a class action in court or in arbitration, either as a class representative or a class member; (3) act as a private attorney general in court or in arbitration; or (4) join or consolidate your claim(s) with claims of any other person or involving any other transaction.
NO CLASS ACTIONSNotwithstanding any language herein to the contrary, if you or we elect to arbitrate a claim, neither you nor we will have the right to: (1) participate in a class action in court or in arbitration, either as a class representative, class member or class opponent; (2) act as a private attorney general in court or in arbitration; or (3) join or consolidate your Claims with claims of any other person or involving any other transaction, and the arbitrator shall have no authority to conduct any such class, private attorney general or multiple-party proceeding.
Be prepared for your big moment. Be alive with QentCha.
QentCha performs like a personal travel assistant. It is designed to make planning, sharing, and saving your favorite trips, places, and moments easy.
Need fresh ideas? Ask your buddies and followers for tips on nearby places to visit and things to do while there.
QentCha helps you discover authentic places when you are visiting a city.
Travelling also means sharing big moments.
Add your travelling experience while there by posting photos, audios, text, locations and places.
The Trip Map is available to Trip mates and Trip creator. It helps organise your trip. You can add places, such as meeting points and other spontaneous favorite locations, before or during your journey. QentCha helps you be organised. .
You no longer need to bring your paper map with you.
Ask Trip followers/Community
You want something more original for your trip and you don't have time for research ?
Ask your followers or QentCha community to share their ideas for places to visit. You can do it before or during the trip.
QentCha in Action
Main screen - Travelogue
This is the main screen of your trip. It contains 3 main features :
This virtual map is available to Trip mates and Trip creator which helps organise your trip. You can add meeting points, points of interest or places such as :
You no longer need to bring your paper map with you.
Ask Trip followers
You want something more original for your trip?
Ask your followers to share their ideas for places to visit. All you have to do is provide the following :