FeelQueen Terms of Use

Welcome to FeelQueen - an online information service that unites beauty experts, beauty salons, and customers.

The FeelQueen Terms of Use (Terms")” govern the arrangements between FQ DIGITAL LIMITED (“the Company”, “we”, “us”, “our”) and the internet users who have accessed FeelQueen (“users”, “you”).

You may use FeelQueen in accordance with the Terms and Conditions and the User Data Policy. If you do not agree with them, you should stop using FeelQueen.

1       What is FeelQueen

FeelQueen is the website accessible via https://feelqueen.co.uk/ , https://feelqueen.io/, (including all domain levels), the other websites through which FeelQueen provides services (“Site”), (iii) our applications for mobile phones, tablets and other devices, application program interfaces and (iv) all related services (“Applications”). The Site and the Apps are hereinafter collectively referred to as “FeelQueen”.

FeelQueen is an electronic catalogue of beauty and body care advertisements that users may search for and offer for the purpose of concluding transactions (“Services”).

The Company provides authorized users with the technical possibility to post information on FeelQueen in ad format. The Company provides users, irrespective of their authorisation, with the technical possibility to search for and view advertisements on FeelQueen for the purposes stipulated by the Conditions (“Users”).

The Company is not a party, arranger, employer, intermediary, agent, tax agent, representative of users, beneficiary or other interested party in relation to transactions between users. Users use the information placed on FeelQueen to enter into transactions at their own risk without the direct or indirect involvement or control of the Company.

 

 

2       Registration on FeelQueen

You can register on FeelQueen using your mobile phone number. We will create your profile after registration. You can only have one FeelQueen profile linked to one phone number at a time.

You can register on FeelQueen in your own name or as a company representative. By registering on FeelQueen, you confirm that you have all the powers necessary for the conclusion and performance of the Terms.

    3        Login to FeelQueen

You can log in to your profile on the Platform using your mobile phone number and a unique code.

You are obliged to keep the login details to the Platform confidential. Let us know if you think someone has gained unauthorised access to your data. If you fail to notify us, actions taken using your Profile will be deemed to have been committed by you. You will be solely responsible for such acts.

4       User content

User content is the text and images that FeelQueen users post in advertisements, the public part of their profile and feedback.

FeelQueen may allow Users to create and view User Content.

We comply with copyright laws and expect you to do the same. If you believe that content on the Platform infringes your copyright, please let us know.

5       User Information

The information you provide about yourself must be truthful and up-to-date and must not infringe the rights of third parties. You are required to update the data on your profile as necessary. We may request documents or information from you to verify your identity or credentials. If you do not provide them, we may restrict access to your account.

We cannot guarantee that the information users provide on the Platform is accurate. It is users' own responsibility to ensure that the information they post is true.

We do not disclose to third parties user information that is not publicly available, except as required by law. We cannot, however, be held liable for any third party misconduct in relation to the information you have made publicly available on the Platform. You can read more about this in our Personal Data Processing Policy.

6        RESPONSIBILITIES OF USERS

By using the Platform, You undertake

        comply with all legal requirements;

        comply with the Terms of Use and other rules of the Platform;

        not to use any abusive language, images or expressions that provoke cruelty, hatred or disrespect, contain threats or insults, justify illegal actions, do not comply with moral norms or business practices;

        not to use the Platform or the information posted on the Platform for purposes not stipulated by the Terms;

        not to download or use any malicious software on the Platform;

        not to take any actions that may interfere with the normal operation of the Platform.

7        Communication between users

Users may exchange messages on the Platform for the purpose of discussing the terms of a transaction.

Messages may not be used for any other purpose, including spamming, third party advertising, or copyright infringement.

We reserve the right to retain and selectively review users' correspondence to ensure compliance with the Terms.

8        Communication with FeelQueen

We may send:

        system notifications to confirm registration, access restriction messages, etc.

        alerts relating to users' activities on the Platform, in particular messages from other users.

9        Deletion of Profile

You have the right to delete your FeelQueen profile at any time by contacting our support team. We will delete your FeelQueen profile if you do not use it for three years.

10       Changing the Terms

We reserve the right to change the Terms and Conditions at any time. Updated Terms and Conditions shall be posted on the Platform with the date of the last modification. Amendments shall become effective upon publication on the Platform. Your use of the Platform following publication constitutes your acceptance of the new Terms and Conditions.

11       Validity of the Terms

The Terms are valid for an indefinite period.

FeelQueen may, in its sole discretion, terminate the Terms with a particular User and/or prohibit that User from accessing the Platform. We may terminate the Terms if: (i) you have breached the Terms, (ii) you have breached applicable laws or third party rights; (iii) FeelQueen has reason to believe that such action is necessary to protect the interests of other Users, FeelQueen companies or third parties.

FeelQueen may take any of the following measures:

(a)        refuse to publish or remove User Content or postpone publication;

(b)        cancel pending requests for Services;

(c)        restrict access to or use of the Platform;

(d)        temporarily or permanently, terminate the Profile and prohibit access to the Platform

If the breach is not material, you may be given notice of the measures planned by FeelQueen, inviting you to remedy the cause of the breach in accordance with FeelQueen's requirements.

If these Terms and Conditions are terminated against you, you will not be entitled to have your Profile or User Content restored. If your access to the Platform is restricted, your Profile is suspended or these Terms are terminated with respect to you on our initiative, you may not register a new Profile, attempt to access or use the Platform through another User's Profile, unless otherwise expressly permitted by FeelQueen.

In the event of termination by either party, the provisions of these Terms and Conditions which reasonably should continue in force between those parties after termination of these Terms and Conditions shall remain in force.

In the event of termination of these Terms and Conditions in respect of a particular User, the Terms and Conditions shall continue to apply to other Users.

12       LIABILITY

You may be held administratively, criminally or civilly liable for the infringement of the law or the rights of third parties when using FeelQueen.

FeelQueen shall not be liable for damages arising out of (i) the Terms or (ii) the use or inability to use the Platform (iii) the communication, exchange of information or meetings with other Users or persons with whom you interact in the use of the Platform, or (iv) the provision or use of the Services.

If users request, negotiate and pay for Services outside of the Platform, they acknowledge that they thereby: (i) assume all risks and liability for such payments, and (ii) release FeelQueen from liability for such payments;

FeelQueen's aggregate liability shall not exceed the amount you have paid or are due to pay for the Service as a customer in the last 30 calendar days prior to the event giving rise to the liability.

If you use FeelQueen to provide services, in no event shall FeelQueen's aggregate liability exceed the amount paid to you by FeelQueen in the last 30 calendar days prior to the event giving rise to the liability. The foregoing limitations of indemnity are material terms of the contractual relationship between you and FeelQueen.

13       OTHER PROVISIONS

The Terms constitute the entire agreement between FeelQueen and you regarding your use of the Platform.

If any provision of the Terms is held invalid, that provision will be deemed deleted and will not affect the validity and enforceability of the remaining provisions.

You may not assign the rights and obligations under the Terms without the prior written consent of FeelQueen. FeelQueen may assign its rights and obligations under these Terms and Conditions without restriction and in its sole discretion by giving you at least 10 calendar days' notice.

Unless otherwise stated, notices or other communications to which users are permitted or required by the Terms shall be in electronic form and shall be sent to FeelQueen by publication on the Platform or by mailing. The date of receipt shall be deemed to be the date the notice is sent by FeelQueen.

The laws of the United Kingdom of Great Britain shall apply to the resolution of disputes between the Company and users. Disputes shall be submitted to the court in accordance with the territorial jurisdiction at the location of the Company (London), unless otherwise provided by law.

If you have any questions regarding the Terms, please contact us at the email address support@feelqueen.co.uk


 

Intellectual Property Protection

You agree that the Platform and the FeelQueen Content, including all related intellectual property rights, belong exclusively to FeelQueen and/or its licensors or third party owners.

FeelQueen grants you a limited, non-exclusive and non-sublicensable, revocable, and non-transferable license (i) to access the Platform, including to download and use the Apps on your personal devices; (ii) to access and view any Collective Content provided on or through the Platform to which you have access solely for personal and non-commercial use.

You may not copy, adapt, modify, distribute, sell, assign, publicly display, publicly perform, broadcast, transmit or otherwise use the Platform or the Collective Content, or develop derivative works therefrom or grant licences therefor, except in the ways expressly permitted by these Terms or if you are the rightful owner of certain User Content. You shall not be granted licences or rights with respect to intellectual property owned or controlled by FeelQueen or its licensors, except as expressly provided in these Terms.

By making User Content available on or through the Platform, you grant FeelQueen a non-exclusive, worldwide, royalty-free, perpetual (or for the term of the protection granted) and irrevocable license with the right to sublicense to view, store, copy, adapt, modify, distribute, publish, broadcast, transmit and use that User Content in any manner to promote the Platform on any media and platforms, and to create derivative works based on it. Unless otherwise permitted by you, FeelQueen does not claim ownership of the User Content and nothing in these Terms and Conditions shall be construed to restrict your rights to use your User Content.

You are solely responsible for all User Content that you post on or through the Platform. You warrant that (i) you are either the sole owner of all User Content that you post on or through the Platform, or that you have the necessary authority to grant FeelQueen the rights to that User Content as provided in these Terms of Use, (ii) neither the User Content itself, nor its posting or use by FeelQueen violates the patent or copyright rights of third parties, trademark rights, trade secrets, moral or other proprietary or intellectual property rights, or rights of publicity or privacy, and does not result in a violation of any applicable law or regulation.

You undertake not to publish, upload, post or transmit User Content that: (i) is falsified, false or misleading (directly or by providing incomplete or outdated information); (ii) violates applicable law. FeelQueen may, without prior notice, remove any User Content or terminate access to User Content that FeelQueen believes violates the Terms and Conditions or applicable law or is otherwise likely to cause damage to FeelQueen, the Users, third parties or the property of said persons.


 

Ratings and feedback

Users may leave public feedback (“Feedback”) and rate (“Rating”) on the Platform. Ratings and feedback reflect the subjective opinion of Users and do not reflect the opinion of FeelQueen. FeelQueen does not verify the accuracy of the Feedback and Ratings, which may be incorrect or misleading.

Ratings and Feedback must be accurate and may not contain offensive or defamatory language.

Users are prohibited from interfering with the Ratings and Feedback system, including asking third parties to write positive or negative Feedback about another User.

Ratings and Feedback are part of the User's public profile and may be displayed in other parts of the Platform together with other relevant information.


 

PROHIBITED ACTIVITIES

You are solely responsible for compliance with the law that may arise in connection with your use of the Platform. You undertake not to commit, or assist or allow others to commit, the following acts:

(1)             violate or avoid complying with applicable laws or regulations, the terms of agreements with third parties, third party rights, the Terms and Conditions;

(2)            use the Platform for commercial or other purposes not expressly provided for in the Terms or in ways that improperly indicate a recommendation by FeelQueen, a partnership with FeelQueen or otherwise mislead regarding the connection with FeelQueen;

(3)            make multiple Profiles for the provision or use of the same Services;

(4)           use information, including personal identification data about other Users, contained on the Platform in a manner inconsistent with the Terms or otherwise in breach of the privacy rights of Users or third parties;

(5)            use the Platform for distributing advertising messages (spam) which are not agreed with the recipient;

(6)           offer Services which you are entitled to provide without the necessary licence or other statutory authorization;

(7)           without our prior written consent, contact other Users for purposes other than to clarify matters relating to the use of the Platform, including offering Users the services, applications or websites of third parties or offering Users the services to bypass the Platform, including intentionally rejecting entries within the Platform to circumvent existing Platform commissions;

(8)           discriminate or harass on the basis of race, national origin, religion, sex, gender identity, physical or mental ability, medical condition, marital status, age or sexual orientation, and to carry out other aggressive, harmful, offensive or dangerous acts;

(9)           without the written consent of FeelQueen, use, display, duplicate or reproduce the Platform or the Collective Content, any elements of the Platform, the name of FeelQueen, the trademarks of FeelQueen, the logo or other proprietary information of FeelQueen, and the structure or design of pages or forms present on the pages of the Platform;

(10)        dilute or tarnish the FeelQueen brand or otherwise cause damage, including unauthorised use of the Collective Content, register and/or use in domain names, trade names, trademarks or other means of identification the name FeelQueen or derived terms that are confusingly similar to or imitate domains, trademarks, slogans, promotional elements or the FeelQueen Collective Content;

(11)          use robots, circumvention software, bots and other automated means or processes to collect data or other content or to access or otherwise act on the Platform, regardless of the purpose;

(12)         to avoid, remove, deactivate, damage, decrypt or otherwise circumvent the technical means used by FeelQueen, FeelQueen's suppliers or other third parties to secure the Platform;

(13)         attempt to decipher, decompile, disassemble the software used to provide the Platform, and attempt to disclose the technology;

(14)        take actions that damage or adversely affect, or are likely to damage or adversely affect, the performance or proper functioning of the Platform;

(15)         export, re-export, import or transfer the Applications in breach of applicable law;

(16)         infringe rights or otherwise cause harm.

You acknowledge that FeelQueen has no obligation to monitor Users' access to or use of the Platform, to review or edit User Content or to terminate access to it, but FeelQueen has the right to do so (i) in order to operate, secure and improve the Platform (including fraud prevention, risk assessment, investigation and customer support); (ii) to ensure compliance by Users with the Terms; (iii) in compliance with law, court order or law enforcement direction, Users agree to cooperate with FeelQueen in good faith, to provide FeelQueen with any information and to take any action reasonably requested by FeelQueen as part of an investigation by FeelQueen or its representative relating to the use or violation of the Platform.


 

Limitation of liability

You use the Platform and Collective Content voluntarily and at your own risk. The Platform and Collective Content are provided on an “as is” basis, without express or implied warranties.

You represent that you have had the opportunity and means necessary to investigate the laws that may apply to the Services that you receive. You further confirm that you do not rely on FeelQueen's representations on legal or other matters regarding the Service.

We are not responsible for confirming the identity of Users.

The fact that we carry out checks on the identity or reliability of Users, to the extent permitted by applicable law, does not entail any express or implied warranty that the checks will establish past wrongdoing by Users, nor will they rule out future wrongdoing.

The above disclaimer of liability applies to the maximum extent permitted by applicable law. You may have other statutory rights, but the scope of the statutory warranty (if any) will be limited to the fullest extent permitted by law.

Although we may assist in resolving conflicts between users, FeelQueen does not control or guarantee (i) the existence, quality, safety, appropriateness, or legality of the Services, (ii) the reliability or accuracy of the “User Content” (as defined below), or (iii) the actions or conduct of Users or third parties. No statement or determination by FeelQueen published or reproduced on the Platform constitutes a recommendation or warranty by FeelQueen with respect to the User, including with respect to the accuracy of the User or its Services.

In order to promote the Platform and increase the number of Users, User Content may be displayed on other websites, in applications, in emails, and in online and offline advertisements. In order to assist Users speaking different languages, User Content may be fully or partially translated into other languages. FeelQueen cannot guarantee the accuracy or quality of such translations and Users are solely responsible for reviewing and verifying them.

The Platform may contain links to third party websites and resources (“Third Party Services”). The use of Third Party Services may be subject to other terms and conditions, including privacy terms. FeelQueen is not responsible for the availability or accuracy of the Third Party Services, or the content, products or services of the Third Party Services. Links to the Third Party Services do not imply FeelQueen's endorsement of the Third Party Services.

Due to the nature of the Internet, FeelQueen cannot guarantee continuous and uninterrupted availability of the Platform. FeelQueen may limit the availability of the Platform, its sections or functions if it becomes necessary to maintain the proper capacity, security or integrity of our servers, or to carry out technical measures to ensure the proper or improved functioning of the Platform. FeelQueen can improve, expand and modify the Platform and introduce new services.


INDEMNIFICATION FOR DAMAGES

You agree to indemnify and hold FeelQueen, our affiliates, subsidiaries and their officers, including directors, employees and agents, harmless (in FeelQueen's sole discretion) from and against any damages (including reasonable legal fees, and consultant fees) resulting from or arising out of (i) your violation of these Terms (ii) your improper use of the Platform or other FeelQueen Services; (iii) your interactions with Users, use of the Services or Payment Services, including any claims for compensatory, direct, incidental or consequential damages arising from such interactions or use; (iv) your violation of laws, regulations or third party rights.