These Terms govern

• the use of this Website
• the use of Quarky Services,
• any other related Agreement or legal relationship with the Owner in a legally binding way.

The User must read this document carefully.

TERMS OF USE

Unless specifically stated otherwise, the terms of use outlined in this section generally apply to the use of this Website or Quarky Services.

Specific scenarios may require additional or singular conditions of use or access, which will be further indicated within this document.

By using Quarky Services, Users confirm to meet the following requirements:

• There are no restrictions for Users in terms of being Consumers or Business Users;
• Users must be older than 14;

Content Ownership and Usage Rights on this Website - All rights reserved

The Owner retains and reserves all intellectual property rights for any content on this Website.

Accordingly, users are prohibited from utilizing such content in any manner that exceeds the necessary or implicit use of the Service.

This prohibition encompasses, but is not limited to, copying, downloading, sharing (beyond specified limits), modifying, translating, transforming, publishing, transmitting, selling, sublicensing, editing, transferring/assigning to third parties, or creating derivative works from the content on this Website. Users are also prohibited from allowing any third party to engage in such activities through their account or device, even unknowingly.

Where explicitly indicated on this Website, users may download, copy, and/or share certain content solely for personal, non-commercial use, provided that all copyright attributions and other specified attributions are correctly adhered to.

Proper Usage Guidelines

This Website and its Service should only be utilized within the parameters for which they are intended, as outlined in these Terms and in accordance with relevant laws.

Users bear sole responsibility for ensuring that their use of this Website and/or the Service does not infringe upon any applicable laws, regulations, or third-party rights.

Consequently, the Owner retains the right to take appropriate actions to safeguard its lawful interests, including denying Users access to this Website or the Service whenever Users are suspected to be in violation of any laws, regulations, third-party rights and/or these Terms. This includes, but is not limited to, engaging in any of the following activities:

Conduct restrictions

Users are prohibited from:

• Falsely claiming to meet any conditions or requirements for accessing this Website and/or using the Services, such as falsely asserting to be of legal adult age or qualifying as a Consumer.
• Concealing their identity, stealing someone else's identity, or pretending to be or represent a third party without authorization.
• Engaging in defamation, abuse, harassment, or other forms of threatening behavior that violate the legal rights of others.
• Attempting to probe, scan, or test the vulnerability of this Website, including its services or any connected network, or breaching its security or authentication measures.
• Utilizing this Website or its technical infrastructure in an abusive, excessive, or otherwise inappropriate manner, such as for spamming purposes.
• Trying to disrupt or tamper with the technical infrastructure in a way that harms or excessively burdens this Website or the Service.

For Businesses Only

The Owner reserves the right, at its sole discretion, to suspend Businesses from using our Ecommerce Services if they are found engaging in the sale, and/or distribution of any form of cracked software, accounts, or anything that is not in compliance with legal standards.

Excessive use of the Service

If a user employs a resource of this Website or Quarky Services excessively compared to other users of the service, the Owner reserves the right, at its sole discretion, to suspend the user's from using Quarky Services or restrict related activity until the user decreases their excessive consumption.

Commercial use restrictions

Users are prohibited from:

• Registering or utilizing this Website to promote, sell, or advertise products or services of any nature.
• Suggesting or attempting to imply, in any way, that a user holds a qualified relationship with this Website or that this Website endorses the user, their products or services, or any third-party products and services for any purpose.

TERMS AND CONDITIONS OF SALE

Paid Products

Certain Products offered on this Website as part of the Service are provided on a payment basis.

Details regarding the fees, duration, and conditions associated with purchasing such Products are outlined below and in the dedicated sections of this Website.

Product description

The prices, descriptions, or availability of Products are detailed in the respective sections of this Website and are subject to alteration without prior notice.

Although Products on this Website are depicted with the utmost technical precision, any representation through means such as graphic material, images, colors, or sounds is solely for reference purposes and does not imply a warranty regarding the features of the purchased Product.

The features and characteristics of the selected Product will be outlined during the purchasing procedure.

Purchasing process

The purchasing process encompasses the following steps:

• Users select the desired Product, specifying any applicable characteristics, to add it to the purchase selection.
• Clicking the "Subscribe" button directs Users to the checkout view.
• Users provide their contact details and select a preferred payment method.
• Throughout the purchasing process, Users retain the option to modify, correct, or cancel the transaction without consequence.
• After providing all requisite information, Users carefully review the order before proceeding the purchase.
• To finalize the order, Users must accept these Terms and use the designated button or mechanism on this Website, thereby agreeing to pay the agreed-upon price.

Order submission

Upon the User's submission of an order, the following conditions apply:

• Order submission signifies the conclusion of a contract, thereby obligating the User to pay the specified price, taxes, and any additional fees or expenses outlined on the order page.
• If the purchased Product necessitates User action, such as providing personal information or specific preferences, the order submission imposes an obligation on the User to cooperate accordingly.
• Following order submission, Users will receive a receipt confirming the successful placement of the order. All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.

Prices

Users are notified of any applicable fees, taxes, and expenses they will incur during the purchasing process and prior to order submission.

Prices displayed on this Website are indicated either as exclusive or inclusive of any applicable fees, taxes, and costs, depending on the section the User is browsing.

Offers and discounts

The Owner reserves the right to provide discounts or special offers for the purchase of Products. Any such offer or discount is subject to eligibility criteria and terms and conditions outlined in the corresponding section of this Website.

Offers and discounts are granted solely at the discretion of the Owner.

Repeated or recurring offers or discounts do not confer any claim or right that Users may assert in the future.

Depending on the circumstances, discounts or offers may be valid for a limited time or while stocks last.

Coupon Usage

Offers or discounts may be facilitated through the use of Coupons.

Should a breach of Coupon conditions occur, the Owner reserves the right to decline fulfilling its contractual obligations and expressly retains the right to pursue appropriate legal action to safeguard its rights and interests.

Notwithstanding the provisions below, any additional or diverging rules pertaining to Coupon usage displayed in the corresponding information page or on the Coupon itself shall always take precedence.

Unless stated otherwise, the following rules apply to Coupon utilization:

• Each Coupon is valid only when used according to the specified manner and timeframe outlined on this Website and/or the Coupon itself.
• Coupons must be redeemed in full at the time of purchase; partial use is not permitted.
• Single-use Coupons may be utilized once per purchase and cannot be applied multiple times
• A Coupon cannot be applied cumulatively
• Coupons must be redeemed within the specified offer period; expiration thereafter renders the Coupon void, precluding any User claims, including cash-out options.
• Users are not entitled to any credit, refund, or compensation for any discrepancy between the Coupon value and the redeemed value.
• Coupons are intended solely for non-commercial use. Any reproduction, counterfeiting, or commercial trading of Coupons is strictly prohibited, as is any illegal activity related to Coupon purchase and/or use.

Methods of payment

Details regarding accepted payment methods are provided during the purchasing process.

Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of this Website.

Payment methods are managed independently by third-party services. This Website does not collect payment information, such as credit card details, but rather receives notification from the relevant third-party provider upon successful completion of payment.

In the event that payment through the available methods fails, users are encouraged to directly contact the respective third-party service provider for assistance. While we will make every effort to assist users in resolving payment issues, the final resolution depend on the policies and procedures of the third-party service provider. Please note that the Owner shall not be held liable for any failure or refusal of payment.

Retention of usage rights

Users do not gain rights to utilize the purchased Product until the Owner receives the full purchase price.

Contract duration

Subscriptions

Subscriptions enable Users to receive a Product continuously or periodically over time.

Open-ended subscriptions

Paid subscriptions commence on the day the payment is received by the Owner.

To continue subscriptions, Users must promptly pay the recurring fee as required. Failure to do so may result in service interruptions.

Common provisions

No Waiver

The Owner's failure to enforce any right or provision under these Terms does not waive such right or provision. No waiver shall be deemed a continuing waiver of that term or any other term.

Service interruption

To maintain optimal service levels, the Owner reserves the right to interrupt the Service for maintenance, system updates, or any other necessary changes, with appropriate notification to Users.

Within legal limits, the Owner may choose to suspend or discontinue the Service entirely. In the event of Service discontinuation, the Owner will collaborate with Users to uphold their rights concerning continued product use and/or compensation, as stipulated by applicable law.

Furthermore, the Service may be unavailable due to circumstances beyond the Owner's reasonable control, such as "force majeure" events (e.g., infrastructural breakdowns or blackouts).

Service reselling

Users are prohibited from reproducing, duplicating, copying, selling, reselling, or exploiting any part of this Website and its Service without the express prior written permission of the Owner, granted either directly or through a legitimate reselling program.

Intellectual property rights

In addition to any more specific provisions outlined in these Terms, all intellectual property rights, including copyrights, trademark rights, patent rights, and design rights associated with this Website, are solely owned by the Owner or its licensors. These rights are protected by applicable laws or international treaties concerning intellectual property.

All trademarks—whether nominal or figurative—and all other marks, trade names, service marks, word marks, illustrations, images, or logos associated with this Website are and shall remain the exclusive property of the Owner or its licensors. These assets are protected by applicable laws or international treaties related to intellectual property.

Changes to these Terms

The Owner retains the right to amend or modify these Terms at any time. In such instances, the Owner will duly appropriately the User of these changes.

These changes will only impact the relationship with the User from the date communicated to Users onwards.

By continuing to use the Service, Users signify their acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must discontinue using the Service and may terminate the Agreement.

Assignment of contract

The Owner reserves the right to transfer, assign, novate, or subcontract any or all rights or obligations under these Terms, considering the User's legitimate interests. Provisions concerning changes to these Terms will apply accordingly.

Severability

If any provision of these Terms is deemed or becomes invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.