terms of use // licence terms

PLEASE READ THESE LICENCE TERMS CAREFULLY

BY CLICKING ON THE “ACCEPT” BUTTON IN THE APPLICATION YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.

WHO WE ARE AND WHAT THIS AGREEMENT DOES  

We MUUME AG of Baarer Strasse  10, CH-6202 Zug license you to use:  

– QueueCheetah mobile application software (App) and any updates or supplements to it.

– The related online documentation, if any (Documentation).

– The self-scanning and self-checkout service you connect to via the App when shopping in retail stores and the content we provide to you through it (Service) as permitted in these terms.

Although we provide the App technology, any purchases made using the App are from the merchant who owns the store. In the event of any issues with your purchases or payment, please contact the merchant. The laws governing your purchases are the same as if you were purchasing them at the checkout in store. To the fullest extent permitted by law, we do not have any liability to you in relation to your purchases from the merchant or in relation to services provided by any payment service provider.

The merchant may provide special offers in relation to purchases from time to time, these offers are subject to availability and any additional terms imposed upon you by the merchant. In the event of any error or omission in relation to pricing, product information, special offers and availability, we and/or the merchant reserve the right to correct such errors or omissions, or to cancel an order in the event that there is an error or omission in relation to such information on the App, such right of cancellation may be exercised before or after your credit or debit card has been charged. Special offers can be amended or withdrawn at any time and without notice.

Google Play TERMS ALSO APPLY  

The ways in which you can use the App and Documentation may also be controlled by the Google Play rules and policies https://play.google.com/intl/en-us_us/about/play-terms/index.html.

App Store TERMS ALSO APPLY  

The ways in which you can use the App and Documentation may also be controlled by the App Store rules and policies https://www.apple.com/legal/internet-services/

PREREQUISITES FOR USING THE APP  

1. You must be 16 or over to accept these terms and use the App.

2. This App requires a smartphone device with the Android operating system version 5.0 and up OR iOS operating system version 10 and up.

3. Sharing Geo-location data is a mandatory pre-requisite for us delivering you the Service, so that we can provide you with the correct prices from the exact store you are in. Without sharing location data – you cannot use the Service. Please allow the App to use geo-location data – whenever you are prompted to.

If you use the App and these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location based and road traffic-based products and services.

SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS  

Support. If you want to learn more about the App or the SERVICE or have any problems using them please take a look at our support resources at https://www.queuecheetah.com 

How we will communicate with you. If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.

HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON  

In return for your agreeing to comply with these terms you may:

1. download a copy of the App onto any number of smartphones and view, use and display the App and the Service on such devices for your personal purposes only.

2. use any Documentation to support your permitted use of the App and the Service.

3. receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.

YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE  

We are giving you personally the right to use the App and the Service as set out above. You may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it. 

CHANGES TO THESE TERMS  

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.

If you have shared with your contact email with us, we will use reasonable endeavours to give you at least 30 days’ notice of any change by sending you an email with details of the change or notifying you of a change and a request to opt-in when you next start the App.

If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.

UPDATE TO THE APP AND CHANGES TO THE SERVICE  

From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Service.

The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.

IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING  

If you download the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether you own the phone or other device.

YOUR PRIVACY  

Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes as well as your rights in relation to your personal data and how to exercise them. This information is provided in https://queuecheetah.com/privacy-policy/ and it is important that you read that information.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO  

The App or any Service may contain links to other independent websites which are not provided by us, for example, links to the relevant store/merchant and card payment provider. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or Service offered by them. 

LICENCE RESTRICTIONS  

You agree that you will:

1. not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Service in any form, in whole or in part to any person without prior written consent from us;

2. not copy the App, Documentation or Service, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;

3. not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Service nor permit the App or the Service or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the SERVICE on devices as permitted in these terms;

4. not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Service nor attempt to do any such things.

5. comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

ACCEPTABLE USE RESTRICTIONS  

You must: 

1. not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;

2. not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);

3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;

4. not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

5. not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

INTELLECTUAL PROPERTY RIGHTS  

All intellectual property rights in the App, the Documentation and the Service throughout the world belong to us (or our licensors) and the rights in the App and the Service are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Service other than the right to use them in accordance with these terms.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU  

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen. We are not responsible for any loss or damage, caused by any merchant or card payment provider. 

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 or for fraud or fraudulent misrepresentation.

When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the App and the Service. The App and the Service are provided for general information and shopping facilitation purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.

Check that the App and the Service are suitable for you. The App and the Service have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Service (as described on the Appstore site and in the Documentation) meet your requirements.

We are not responsible for events outside our control. If our provision of the Service or support for the App or the Service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Service you have paid for but not received.

WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICE IF YOU BREAK THESE TERMS  

We may end your rights to use the App and Service at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the App and Service:

1. You must stop all activities authorised by these terms, including your use of the App and any Service.

2. You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.

3. We may remotely access your devices and remove the App from them and cease providing you with access to the Service.

WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE  

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

NO RIGHTS FOR THIRD PARTIES  

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE  

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER  

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS  

These terms are governed by English law and you can bring legal proceedings in the English courts.