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Terms of Use

Welcome to the QDOS website, which is a website owned and operated by Garlik Limited ("Garlik", referred to also as "we", "us" and "our" throughout this document). As you would expect Garlik has a set of rules defining the QDOS service that we provide and the use of our website [www.qdos.com] ("Our Site") by guests or registered members. This document (together with the documents referred to in it) tells you the terms and conditions on which we provide the unique functionalities of QDOS to you. Please read and review these Terms of Use carefully before accessing or using Our Site. By accessing or using Our Site, you acknowledge that you have read, understood and agreed to the Terms of Use Agreement. If you do not agree to the Terms of Use, you may not access or use Our Site.

  1. About us. Garlik is registered in England and Wales under company number 05357233 and has its registered office at Thames House, Portsmouth Road, Esher, Surrey KT10 9AD. Our VAT number is 849051711.

  2. Use of Our Site. Your access to and use of any information contained in Our Site is subject to this Terms of Use Agreement. By accessing and using Our Site, you accept, without limitation or qualification, this Terms of Use Agreement. We reserve the right to change these Terms from time to time without notice, as we deem necessary.

  3. Privacy Policy. Because protecting your privacy is very important to us, we would like you to have a clear understanding of how your personal data will be used.

    Click here to view our Privacy Policy

  4. Registration. We encourage you to register with us in order to enjoy the full benefits of QDOS. However, you may choose not to register and still take advantage of our site where registration is not required.

    In order to "discover" your initial QDOS, you will be asked to provide your name and your postcode. We will use this information to calculate your initial QDOS using our proprietary algorithm based on an analysis of a variety of public online and geodemographic sources and primary research in to digital demographics we have undertaken. Please note that if you do not register with us, any data associated with your initial QDOS will only be stored temporarily and other people will not be able to see this cached data. Your QDOS is a score and shape that constitute a numerical and visual reflection of your online activity, impact, individuality and popularity.

    We encourage you to register with us in order to "claim" your QDOS. During any registration process you will be taken through a series of steps where we will ask you to provide us with information about yourself. Please ensure that the information you enter is accurate.

    Registering with us will allow you to "claim" your QDOS by providing us with further information. Currently the functionality to claim your QDOS is in beta testing; should you wish to take part in the beta testing you should complete our online form and we will respond by email to invite you to join. If you choose to register, you will be asked to provide further personal details, including a user name, age-range, gender, country of residence and job sector.

    IMPORTANT INFORMATION FOR BETA USERS

    During the beta testing phase, your complete QDOS profile will automatically be made public. This means that if you register as a beta user, in addition to your QDOS score, QDOS shape and 4-criteria breakdown, any other information that you add to your profile will be freely available and accessible to any visitors to the QDOS site. Visitors will be able to view all the elements of your QDOS profile, including links to other web pages containing personal information about you, which you may have added to influence your QDOS score. You should understand that no element of your QDOS profile will be hidden during the test phase.

    For further information, please refer to our privacy policy.

    Following registration, you will be able to contribute information about yourself to Our Site. You can contribute as much or as little information about your online presence as you wish. Information you provide will be used to "claim" your QDOS to provide a more accurate reflection of your web profile. The additional information you provide to "claim" your QDOS will not be accessible by other users of Our Site. However, you understand and by using Our Site acknowledge and agree that your username and QDOS will be visible to other users of Our Site.

    By registering with us, you agree that we may provide you with marketing materials (whether by e-mail or any other medium) that we consider appropriate. You may opt-out of receiving these materials by writing to or e-mailing us at to inform us that you wish to be removed from our marketing distribution list.

  5. Content and limitation of liability. Our Site contains information relating to your online activity, impact, individuality and popularity. We make no warranties or representations of any kind as to the accuracy, currency, completeness, reliability, operability, or legality of information contained within Our Site. Our services are provided to you on an "as is" and "as available" basis. You agree that access to and use of Our Site and the content available on Our Site is at your own risk. To the fullest extent permitted by law, Garlik and any individual person connected to Garlik and any party involved in creating, producing or delivering Our Site hereby exclude:

    • all conditions, warranties and other terms that might otherwise be implied by statute, common law or the law of equity; and
    • any liability for any direct, indirect or consequential loss or damage incurred by you in connection with the use, inability to use, or that results from the use of Our Site or websites linked to Our Site, including, without limitation any liability for loss of income or revenue, loss of business, loss of profit, loss of data, loss of goodwill, wasted management or office time, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

    You may not obtain or attempt to obtain any materials or information from Our Site through any means not intentionally made available to you through this site.

  6. Indemnification. You agree to indemnify, defend and hold harmless Garlik, its officers, directors, employees, agents, suppliers and third party partners from and against all liabilities, losses, expenses, damages and costs, including reasonable legal fees, claims, demands and proceedings whatsoever, howsoever arising, resulting from or in connection with any violation by you of these Terms of Use, including, without limitation, the submission of any inaccurate or incorrect information.

  7. User Account, Password, and Security. In order to register with us, you will be invited to provide a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. You will never be required to reveal your full password to any representative or agent of Garlik. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify immediately of any unauthorised use of your account or any other breach of security. We will not be liable for any loss or damage that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for loss or damage incurred by us or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the express permission of the account holder. We reserve the right to suspend specific user access to our site without notice, and also to close user accounts if we deem it necessary without prior notification.

  8. Information Submitted to this Site. You may only submit information to this site that is truthful and accurate, and accept any and all liability for any untruthful or inaccurate information that you may submit. You must not submit any information to this site that may breach applicable laws, including data protection or privacy laws. We reserve the right to use the information that you submit in order to recalculate your QDOS number and regenerate your personalised QDOS shape and 4-criteria online personality profile. The information you submit will only be used to determine your QDOS and will be publicly accessible unless you specify to make this information private.

  9. Third Parties and Third Party Websites and Links. We partner with other online services to provide the services on Our Site to you. For example, we currently partner with EuroDirect to provide us with database source data relating to consumer attributes. We will also create an API which will operate by invitation-only and will enable select external developers to set up applications. We endeavour to ensure that any third parties with whom we partner are of a similarly high standard to ensure service continuity.

    We also may provide links or references on Our Site to the websites of other companies, whether affiliated with us or not. By clicking on these links and accessing these other websites, you will be leaving Our Site. Similarly, Our Site may be accessed through third party links over which we have no control. We make no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such websites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third party link does not imply an endorsement or recommendation by Garlik. We cannot give any undertaking that products or services you purchase from third parties, or from companies to whose websites we have provided a link on our Site, will be of satisfactory quality and/or fit for any specified purpose, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party.

  10. Non-Confidential Information. Subject to any applicable terms and conditions set forth in our Privacy Statement, any communication or other material that you send to us through the internet, or post on Our Site by electronic mail or otherwise, is and will be deemed to be non-confidential and we shall have no obligation of any kind with respect to such information. We shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products.

  11. Trade marks. All product names, whether or not appearing in large print or with the trade mark symbol, are trademarks of Garlik, its affiliates, related companies or its licensors or joint venture partners, unless otherwise noted. The use or misuse of these trade marks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trade mark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes.

  12. Copyrights. The entire contents of Our Site are subject to copyright protection. The contents of Our Site may not be copied other than for non-commercial individual reference with all copyright or other proprietary notices retained, except with our express written permission for purposes of API development, and thereafter may not be recopied, reproduced or otherwise redistributed. Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in Our Site or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without the express written consent of Garlik. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any licence or right under any patent or trademark of Garlik, or any third party.

  13. Written communication. When using Our Site, you accept that communication with us will be mainly in electronic format. We will contact you by e-mail or provide you with information by posting notices on Our Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

  14. Notices. All notices given by you to us, including any complaints that you might have about QDOS, must be given to Garlik Limited at 2 Sheen Road, Richmond, TW9 1AE or by email at . We may give notice to you at either the e-mail or postal address you provide to us when you register, or in any of the ways specified in the above paragraph. Notice will be deemed received and properly served immediately when posted on Our Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

  15. Waiver. If we fail, at any time during the term of your use of Our Site, to insist upon strict performance of any of your obligations under these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms and conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

    A waiver by us of any default shall not constitute a waiver of any subsequent default.

    No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the methods specified above.

  16. Severability. If any of these terms and conditions or any provisions of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions, which will continue to be valid to the fullest extent permitted by law.

  17. Entire Agreement. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the provision of the QDOS service and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

  18. Law and Jurisdiction. These terms and conditions and the agreement between you and us will be governed by English law. Any dispute arising from, or related to, these terms and conditions or our agreement shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

Last Updated: [3] December 2007