General

These terms and conditions, together with our privacy policy, govern your use of www.qubepay.com (the “Site”) and your relationship with the owner of the Site, namely Qubic Financial Services Ltd (company number 595296) trading as QubePay (“QubePay”, “Company”, “us”, “we” or “our”), a company registered under the laws of the Republic of Ireland, with our registered office address at Unit 1, The CHQ Building, Custom House Quay, Dublin 1, D01Y6H7, Ireland. The Service shall hereinafter be defined as your use of the Site.

Please read these terms and conditions carefully as they affect your rights and liabilities under the law. By using our Site you indicate that you accept these terms and conditions and that you agree to abide by them. Your access to and use of the Service is also conditioned on your acceptance of and compliance with the privacy policy of the Company. If you do not agree to these terms and conditions or the privacy policy, you should cease using the Site immediately.

 

Use of the Site

The Site is provided to you, free of charge for your personal use, subject to these terms and conditions. By using the Site you agree to be bound by these terms and conditions.

 

Access to and Availability of the Site

Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service we provide on the Site without notice.

From time to time we may restrict access to some or all parts of the Site, without notice. We will not be liable for any downtime or disruption in the Site availability.

 

Amendments to the Site

We may update these terms and conditions at any time, without giving you notice, so please review the terms and conditions regularly to ensure you are aware of any changes made. Your continued use of the Site after changes are made constitutes your acceptance to the revised terms and conditions.

 

Intellectual Property Rights

The content, design, features and functionality of the Site are and will remain the exclusive property of the Company and our affiliated companies.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company. No licence is granted to you in these terms and conditions to use any tradename or mark of QubePay Ltd or our affiliated companies. You shall not assert any claim or ownership to any tradenames or marks or to the goodwill or reputation of QubePay Ltd or our affiliated companies.

You may not to copy, reproduce, duplicate, distribute or republish any of the content of the Site. You also agree not to adapt, alter or create any derivative work from any material on the Site.

 

Our Liability

This Site is provided by us, free of charge, without any representations, warranties or guarantees, express or implied.

We have made all reasonable efforts to ensure that all information provided on the Site by ourselves and third parties is accurate at the time of inclusion, complete and current. We do not accept any liability for the quality of material on the Site, including but not limited to its accuracy, authenticity, completeness or correctness.

Access to and use of this Site is at your own risk. We do not warrant for damage to any property or for inherent internet risks such as loss of data, software viruses, spyware, adware, trojan horses, worms, time-bombs, or any other harmful programmes from the use of this Site or any material downloaded from it. Also, we accept no liability in respect of losses or damages arising out of changes made to the content of this Site by unauthorised third parties.

By accessing this Site, you agree that in no event shall we be liable to you or any person for any direct, indirect, special or consequential loss or damage you might suffer arising from using the Site or the reliance on any information contained within.

Furthermore, we do not accept liability for technical problems that you may experience with the Site.

If you are a consumer, your statutory legal rights are not affected by these terms.

 

Your Liability

We are pleased to provide the Site to you for use but you must use the Site in an acceptable way. It is impossible to provide an exhaustive list of exactly what constitutes acceptable and unacceptable use of the Site. In general, we will not tolerate any use of the Site which damages or is likely to damage our reputation, the availability or integrity of the Site or which causes us or threatens to cause us to incur any legal, tax or regulatory liability.

You agree that you must evaluate, and bear all risks associated with, the use of material available on this Site, including but not limited to any reliance upon the accuracy, completeness or usefulness of such material. In this regard, you acknowledge and agree that you may not rely on any material created by us or submitted to us and appearing on this Site.

You agree not to use this Site:

• in any way that breaches any applicable local, national or international law or regulation;
• in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• to send any unsolicited or unauthorised advertising or promotional material or any other form of unsolicited communication (spam); or
• to transmit any data, send or upload any material that contains software viruses, trojan horses, worms, time-bombs, spyware, adware or any other harmful programmes or similar computer code, files, or programmes designed to adversely affect the functionality of any computer software or hardware or telecommunications equipment.

 

Termination

We reserve the right to terminate your use of this Site, for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with these terms and conditions. You agree that any termination of your access to the Site under any provision of these terms and conditions may be effected without prior notice, and acknowledge and agree that we may immediately bar any further access to the Site. Furthermore, you agree that we shall not be liable to you or any third party for any termination of your access to the Site.

Governing Law

The laws of the Ireland, excluding its conflicts of law rules, shall govern these terms and conditions and your use of the Service.

Agreement

These terms and conditions constitute the entire agreement between us regarding our Site, and supersede and replace any prior agreements we might have between us regarding the Service.

Waiver

Our failure to enforce any right or provision of these terms and conditions will not be considered a waiver of those rights.

Severability 

If any provision of these terms and conditions is held to be invalid or unenforceable by a court, the remaining provisions of these terms and conditions will remain in effect.

Third Party Websites

The Site may contain links that allow you to leave the Site and visit third party websites. Please note that we have no control over such third party websites and assume no responsibility for the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage, loss or penalty that may be incurred in connection with the use of or reliance on any such content or services available on or through any such third party websites or services.

We strongly advise that you read the terms and conditions and privacy policies of any third party websites or services that you visit.

Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these terms and conditions.

 

Your Personal Information

Your submission of personal information through the Site is governed by the terms of our privacy policy.

 

Contact

If you would like to contact us about the Site or any of the material on it, please email us on [email protected].

General

This privacy policy, together with our terms and conditions, govern your use of www.qubepay.com  (the “Site”) and your relationship with the owner of the Site, namely Qubic Financial Services Ltd  (company number 595296) trading as QubePay (“QubePay”, “Company”, “us”, “we” or “our”), a company registered under the laws of the Republic of Ireland, with our registered office address at Unit 1, The CHQ Building, Custom House Quay, Dublin 1, D01Y6H7, Ireland.

“Personal Data” is defined in Article 4(1) of the General Data Protection Regulation (GDPR):

“personal data” means any information relating to an identified or identifiable natural person (“data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”

We recognise that visitors to the Site may be concerned about the information, including personal data, they provide to us and how we handle that information. Therefore we have taken the necessary steps to meet data privacy requirements and are committed to protecting your privacy.

This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by QubePay.

Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting the Site and using QubePay’s services you are accepting and consenting to the practices described in this policy.

For the purpose of the GDPR, the Company is the Data Controller.

 

What information does QubePay collect?

We may collect and process the following information about you:

• Information you provide to us
  You may provide personal information about yourself by email, by telephone, by filling in forms on our Site or completing application forms for use of our services. This includes but is not limited to information provided at the time of registering to use our Site, requesting further services, reporting problems with our Site or carrying out any other activities on our Site. The information you give us may include your name, address, date of birth, e-mail address, phone number, business details, and other personal information.
• Information we collect about you
  Details of your visits to our Site including, but not limited to, web server logs/internet protocol (IP) addresses, cookies, traffic data, page response times, download errors, length of visits to certain pages, page interaction information, location data.
• Information we receive from other sources
  We work closely with third parties (including, for example, business partners, sub-contractors, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.

We will hold the above information for as long as is necessary in order to provide you with the QubePay service, deal with any specific issues that you may raise or otherwise as is required by law or any relevant regulatory body.

 

How we use your information?

We use information held about you in the following ways:

• To carry out our obligations arising from any contracts entered into between you and us and to provide you with the information and services that you request from us.
• To provide you with information about other services we offer that we feel may be of interest to you.
• To ensure the content from our Site is presented in the most effective manner for you and your computer or other network device.
• To administer our Site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes.
• To measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you.
• As part of our efforts to keep our Site safe and secure.
• To notify you about changes to our service.
• To enable you to take part in any market research we include on or link to or from our Site, or in which we invite you to take part.

Disclosure of your information

We may disclose your information to any member of our group.

We may share your information with selected third parties including business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you (including to partners that verify whether your information is valid and accurate) and analytics and search engine providers that assist us in the improvement and optimisation of our Site.

We may disclose your information to third parties:

• In the event that we sell or buy any business or assets.
• If we or substantially all of its assets are acquired by a third party.

We will disclose your information if we are required to by law. We may disclose your information for the purpose of or in connection with legal proceedings or necessary for establishing, defending or exercising legal rights.

We may also exchange information with other companies and organisations for the purposes of fraud protection.

 

Security and storage of your information

We will take reasonable precautions and follow industry best practices to prevent any unauthorised access, improper use, accidental loss, misuse, destruction or damage to your information.

The data we collect from you may be transferred to and stored at a destination outside of the European Economic Area (“EEA”). By way of example, this may happen where any of our servers or those of our third party service providers are from time to time located in a country outside of the EEA. These countries may not have similar data protection laws to the EEA. Where possible, we will seek to work with service providers whose servers are located within the EEA.

By submitting your information, you consent to the collection, transfer, use, storage and processing of your information. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

All information you provide to us is stored on our secure password protected and firewall protected servers. Sensitive information between your browser and the Site is transferred in encrypted form.

Transmission of information via the internet is never completely secure. Although QubePay will do its best to protect your personal information, we cannot guarantee the security of your data transmitted to our Site, any transmission of information to our Site is at your own risk.

 

Information about your rights regarding your personal data

You may have certain rights regarding our use and processing of your Personal Data.

Your rights if your data is covered by GDPR
If your Personal Data are covered by the GDPR (that is, if you are an individual within the European Economic Area), you have the following rights with respect to your Personal Data:

• The right to request access to the Personal Data that QubePay has about you;
• The right to rectify or correct any Personal Data that is inaccurate or incomplete;
• The right to request a copy of your Personal Data in electronic format so that you can transmit the data to third parties, or to request that QubePay directly transfer your Personal Data to one more third parties;
• The right to object to the processing of your Personal Data for marketing and other purposes;
• The right to erasure of your Personal Data when it is no longer needed for the purposes for which you provided it, as well as the right to restriction of processing of your Personal Data to certain limited purposes where erasure is not possible;
• The right to withdraw consent on using your Personal Data;
• The right to complain to a supervisory authority in the event that you believe or have the impression that our data processing does not comply with the GDPR.

Third party websites

Our Site may contain links that allow you to leave the Site and visit third party websites. If you follow a link to any of these websites, our privacy policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our website, is subject to that website’s own rules and privacy policies for which we do not accept any responsibility or liability. We encourage you to read the privacy policies appearing on these websites.

 

Changes to our privacy policy

If we change our privacy policy, we will post those changes on this page to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it. Changes to this privacy policy are effective when they are posted on this page.

 

Amendments to the privacy policy

We may update this privacy policy at any time, without giving you notice, so please review the privacy policy regularly to ensure you are aware of any changes made.  Changes to this privacy policy are effective when they are posted on this page. Your continued use of the Site after changes are made constitutes your acceptance to the revised privacy policy.

 

Contact

If you would like to access, amend or delete any personal information we hold about you, or have comments or requests regarding this privacy policy, please email us on [email protected].