Terms & Conditions
Introduction
Welcome to qaccess.asia (the "Site"). The Site is operated by QAccess and their affiliates (referred to herein as "we", "us", or “our"). Attention! Please read these Terms and Conditions of use carefully before using this site. By using this site, you signify your agreement to these Terms & Conditions. If you do not agree to these terms & conditions please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this site following the posting of changes to these terms will mean you accept those changes.Restrictions On Use Of Materials
All materials contained in this site are the copyrighted property of QAccess, or their subsidiaries or affiliated companies and/or third party licensors. All trademarks, service marks, and trade names are proprietary to QAccess or their affiliates. No material from this site or any Internet site owned, operated, licensed, or controlled by us or our affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided that (1) you keep intact all copyright and other proprietary notices, (2) you make no modifications to the materials, (3) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (4) you do not download quantities of materials to a database that can be used to avoid future downloads from the Site. For purposes of these terms, the use of any such material on any other Website or computer environment is prohibited All trademarks, service marks, trade names and trade dress are proprietary to us. In the event you download software from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third party licensors for your personal, non-commercial home use only. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we (or third party licensors) retain full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.Submission
We are pleased to hear from our users and welcome your comments regarding our products and services. Unfortunately, however, our long-standing company policy does not allow us to accept or consider creative ideas, suggestions, or materials other than those we have specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any unsolicited original creative materials such as stories or ideas, screenplays, or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials. If, at our request, you send certain specific submissions or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.Content Linked To Site
Please exercise discretion while browsing the Internet using this site. You should be aware that when you are on the Site, you could be directed to other sites that are beyond our control. There are links to other sites from the Site's pages that take you outside our service. For example, if you "click" on a banner advertisement or a search result, the "click" takes you off the Site. This includes links from advertisers, sponsors and partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Sites may send cookies to users that we do not control. QAccess does not condone the practice "deep-linking" (i.e., the practice of bypassing the homepage of a site, without the site owner's consent, in order to link directly to text displayed "deep" within the site). We reserve the right to disable any deep links from other sites into the Sites. We make no representations concerning any effort to review the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, copyright compliance, legality or decency of material contained in sites listed in our search results or otherwise linked to the Site. Please keep in mind that whenever you give out personal information online --- for example, via message boards or chat --- that information can be collected and used by people you don't know. While QAccess strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online and you do so at your own risk.Privacy
Please review our Privacy Policy, which is incorporated by reference, to learn about the information that we collect and how we process it. Without limiting the terms of our Privacy Policy, you understand that QAccess does not and cannot guarantee that your use of the Services and/or the information provided by you through the Services will be private or secure. Pebble Beach Company is not responsible or liable to you for any lack of privacy or security you may experience. You are responsible for using the precautions and security measures best suited for your situation and intended use of the Site and Services. QAccess reserves the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request.Registration, Passwords and Unauthorized Use of Your Account
In order to access certain features of this Site, or to conduct a transaction through one of our transactional channels, you may be required to register for an account ("Account"). If you register for an Account, you agree to: (a) provide true, accurate and complete information about yourself as prompted by the registration form; and (b) maintain and promptly update such information to keep it true, accurate, current and complete as permitted through the functionality of the Site. You acknowledge and agree that QAccess will have no liability associated with or arising from your failure to maintain accurate information about yourself, including, without limitation, your failure to receive important information and updates about the Site. If QAccess has reasonable grounds to suspect that the information you provided on the registration form or otherwise is untrue, inaccurate or incomplete, QAccess may suspend or terminate your Account and refuse any and all current or future use of the Site (or any portion thereof). As part of the registration and account creation process necessary to obtain access to portions of the Sites that require a fee or payment, you will have to create a user account with a password. You will provide QAccess with certain registration information, all of which must be accurate and updated. You shall not (i) select a subscriber ID already used by another person; (ii) use a subscriber ID in which another person has rights without such person's authorization; or (iii) use a subscriber ID or password that QAccess, in its sole discretion, deems offensive or inappropriate. Any usernames and passwords used for this Site or services are for individual use only. You are responsible for all use of your Account under any user name or password by any person or entity and for ensuring that your Account complies fully with the provisions of the Terms. You are solely responsible for maintaining the security and confidentiality of the password you use to access your Account. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, in QAccess sole discretion, and QAccess may refer you to appropriate law enforcement agencies. You may terminate your Account at any time by sending an e-mail to: support@qaccess.asia. You agree to immediately notify QAccess of any unauthorized use of your password or Account or any other breach of security. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the online services and Site. QAccess has the right to provide user billing, account, content or use records and related information under certain circumstances (such as response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your Account so you should take reasonable steps to protect this information. You are responsible for all charges incurred up to the time the Account is terminated.Wireless Features
1. Wireless Features. The online services may offer certain features and services that are available to you via your wireless device. These features and services may include the ability to access the online services' features and upload content to the online services, receive messages from the online services, and download applications to your wireless device (collectively, "Wireless Features"). Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless device. In addition, your carrier may charge you for standard messaging, data, and other fees to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. We have no responsibility or liability for any fees or charges you incur when using Wireless Features. You should check with your carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your carrier with any other questions regarding these issues.
2. Terms of Wireless Features. If you register for any Wireless Features then you agree that, in connection with those Wireless Features, we may send communications to your wireless device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features in accordance with our Privacy Policy. If you have registered via the online services for Wireless Features, then you agree to notify QAccess of any changes to your wireless contact information (including phone number) and update your accounts on the online services to reflect the changes.
2. Terms of Wireless Features. If you register for any Wireless Features then you agree that, in connection with those Wireless Features, we may send communications to your wireless device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features in accordance with our Privacy Policy. If you have registered via the online services for Wireless Features, then you agree to notify QAccess of any changes to your wireless contact information (including phone number) and update your accounts on the online services to reflect the changes.
Terms Applicable for Apple iOS
If you are accessing or using the online services through an Apple device, the following additional terms and conditions are applicable to you and are incorporated into the Terms of Service by this reference:
1. To the extent that you are accessing the online services through an Apple device, you acknowledge that these Terms of Service are entered into between you and QAccess and, that Apple, Inc. ("Apple") is not a party to these Terms of Service other than as third-party beneficiary as contemplated below.
2. The license granted to you is subject to the permitted Usage Rules set forth in the App Store Terms (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to the online services.
3. You acknowledge that QAccess, and not Apple, is responsible for providing the online services and Content thereof.
4. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to the online services.
5. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the online services.
6. Notwithstanding anything to the contrary herein, and subject to the terms in these Terms of Service, you acknowledge that, solely as between Apple and QAccess, QAccess and not Apple is responsible for addressing any claims you may have relating to the online services, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the online services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
7. Further, you agree that if the online services, or your possession and use of the online services, infringes on a third party's intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
8. You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms of Service, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary thereof.
9. When using the online services, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the online services.
2. The license granted to you is subject to the permitted Usage Rules set forth in the App Store Terms (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to the online services.
3. You acknowledge that QAccess, and not Apple, is responsible for providing the online services and Content thereof.
4. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to the online services.
5. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the online services.
6. Notwithstanding anything to the contrary herein, and subject to the terms in these Terms of Service, you acknowledge that, solely as between Apple and QAccess, QAccess and not Apple is responsible for addressing any claims you may have relating to the online services, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the online services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
7. Further, you agree that if the online services, or your possession and use of the online services, infringes on a third party's intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
8. You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms of Service, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary thereof.
9. When using the online services, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the online services.
Product Specifications ; Pricing
We do our best to describe every service offered on this online service as accurately as possible. However, we are human, and therefore we do not warrant that specifications, pricing, or other content on the online services is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, QAccess shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. Additional Terms may apply.Disclaimer
The Materials in this site are provide "As Is" and whitout warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, We disclaim All warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the functions contained in the materials on the site will be uninterrupted or error-free, that defects will be corrected, or that the site or the servers that make such materials available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the materials on the site in terms of their correctness, accuracy, reliability, or otherwise. You assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Site or third party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Search and Directory are free services offered by us. Because the internet changes constantly, no search engine technology can possibly have all accessible sites at any given time. Thus, we explicitly disclaim any responsibility for the content or availability of information contained in our search index or directories.Indemnification
You are entirely responsible for maintaining the confidentiality of your password and membership account and for all activities that occur under your account. You hereby indemnify, defend and hold us and our affiliates and our officers, directors, owners, agents, information providers, affiliates, licensers and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs (including reasonable attorney's fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or claims arising from your account. You shall use your best efforts to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall we be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the site or materials or functions on the site, even if we have been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the amount paid by you, if any, for accessing the site.Jurisdictional Issues
The Site is controlled and operated by QAccess and its affiliates from its offices in the Jakarta, Indonesia. We make no representation that materials on the Site are appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to Indonesian export controls.Termination
These Terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of the Site and destroying all materials obtained from the Sites and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise. These terms will terminate immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must cease use of QAccess and destroy all materials obtained from the Site and all copies thereof, whether made under the terms of these terms or otherwise.Other
These Terms shall be governed by and construed in accordance with the laws of the Indonesia, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the courts located in Jakarta, Indonesia and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.Questions?
If you have questions about these Terms or the Services, please Contact Us!