TERMS AND CONDITIONS
1.1. NET COMMUNICATIONS LAB PTE. LTD., a company duly constituted under the laws of Singapore under Registration No. 201542390E, address: 61 Bukit Batok Crescent #05-05 Heng Loong Building 658078 Singapore Fax: +65.6221 3353 (further — the "Company") offers an Internet user on the websites www.ncomlab.com and www.qtok.com (further – the "Sites"), and also a smartphone user through the Qtok© application available in AppStore and GooglePlay (further – "Application", "Qtok") to use services on the conditions stated in these present Terms of service (further — the "Terms", "TS"). Each person using the Sites and Applications of the Company is called further as a "User". The agreement comes into force from the moment of User's consent expression with its conditions in the order provided by item 1.4 of the Terms.
1.2. By means of Qtok the Company offers Users access to various services, including means of communication between Users, resources for search of translators from one language into another, means of search of assistants for rendering professional services, the framework and the software for implementation of the specified kinds of activity etc. (further – the "Services"). Qtok is only a platform for search and implementation of Services and doesn't render direct services in translation, consultations, etc. All Services existing at the moment, and also any development of them and/or addition of the new ones are contracted for these Terms.
1.4. From the begining of using Qtok or any separate functions of it, or having undergone procedure of registration in the Application, a User is considered to accept the terms of agreement in full, without any clauses and exceptions. In case of User's disagreement with any of provisions of the Terms, a User has no right to use Company services. In case the Company made any changes to the Terms in the order provided by point 1.3 of the Terms with which a User doesn't agree he is obliged to stop using Qtok.
2.1. To use QTok it is enough to have a smartphone connected to the Internet with the iOS or Android operating system. The Company ensures Qtok functioning in the latests versions of operating systems of mobile devices. The company doesn't guarantee support of the Application operation in all previous versions of operating systems. Current Application version works with the iOS 8.1 and Android 4.0 operating systems and newer.
2.2. The QTok Application is installed for free from AppStore or GooglePlay.
2.3. To use Qtok, after the Application installation on a mobile device a User needs to undergo procedure of registration, as a result of which the unique account will be created.
2.4. A User undertakes to provide reliable and full information for registration about himself considering the questions offered in the form of registration and to support this information in an actual state. If a User provides incorrect information or the Company has bases to believe that information provided by a User is incomplete or doubtful, the Company has the right at discretion to block or remove an account of a User and to debar to a User the use of services (or their separate functions).
2.5. The Company reserves the right to demand at any time from a User the confirmation of the data specified at registration and to request in this regard supporting documents (in particular - identification papers) which failure to provide, at the discretion of the Company, can be equated to granting unreliable information and entail the consequences provided by item 2.4 of the Terms. In case the data of a User, specified in the documents provided, don't correspond to the data specified at registration and also in the case when the data specified at registration don't allow to identify a User, the Company has the right to deny access to a User to the Qtok account and to the use of the Services.
2.7. Means for access to the User account
2.7.1. The E-mail address of a User is a unique user ID in Qtok. At registration a User independently chooses to himself a name under which he will be available to communication with other Users, and the password for access to the account. The company has the right to forbid use of certain names, and also to establish requirements to a name and a password (length, admissible symbols, etc.).
2.7.2. At primary registration of a User, he receives on the e-mail he specified a letter from the Company with a verification code. To use all user options of Qtok, a User has to enter the received code into the Application. The name and the password entered at registration can be changed by a User subsequently.
2.8. A User independently bears responsibility for safety and resistance to guessing of the password, and also independently provides its confidentiality. A user independently bears responsibility for all actions (and also their consequences) within or with the use of Qtok under the User account, including cases of voluntary transfer by a User of data for access to the User account to the third parties on any terms (including under contracts or agreements). Thus all actions within or with the use of Qtok under the User account are reckoning to be made by a User , except cases, when a User, in the order provided by item 2.9., notified the Company on unauthorized access to the account with the use of the User account and/or on any violation (suspicions about violation) of confidentiality of the accessors to the account (password).
2.9. A User is obliged to notify immediately the Company on any case of unauthorized (not resolved by a User) access to Qtok with use of the User account and/or on any violation (suspicions about violation) of confidentiality of the accessors to the account. For safety, a User should carry out independently safe completion of work under the account (Logout button) upon termination of each session of work with the Application. The company is not responsible for possible loss or damage of data, and also other consequences of any character which can happen because of violation by a User of provisions of this part of the Agreement.
2.10. Use of the User account.
2.10.1. A User has no right to reproduce, repeat and copy, sell and resell, and also to use for any commercial purposes any parts of the Application and/or of the Sites of the Company (including content available to a User by means of Qtok), or access to them, except those cases when a User got such permission from the Company or when it is directly provided by Terms of service.
2.10.2. Some categories of User accounts can limit or forbid use of some Company services or their separate Qtok functions in case it is provided at registration, or in the conditions of use of this or that Service.
2.11. Registration termination. The company has the right to block or remove a User account, and also to forbid access with the use of any account to certain Company services without explanation, including in case of violation by a User of Terms of agreement or conditions of other documents provided by item 1.3. of Terms, and also in case of non-use of the corresponding service, in particular:
2.11.1. An account will be removed if a User didn't use it more than 12 months and there are no means on personal account of a User.
2.12. Delete User account
2.12.1. A User has the right to initiate at any time removal of the account, having sent the corresponding letter on the e-mail address email@example.com. The account will be removed, and the money which is on his personal account will be transferred to a User, minus bank and transaction expenses, on the requisites specified in the personal account within 14 working days from the moment of the direction by a User of the corresponding letter.
3.1. A Person rendering services by means of the Qtok Application is called further an "Operator". To get the Operator status, it is necessary:
3.1.1. to login as a User with the operating e-mail address.
3.1.2. to undergo the e-mail confirmation procedure (see item 2.7.2.).
3.1.3. to choose in the Application menu in the section "Profile" the option "Operator mode" and to adjust the Operator account: to choose foreign languages, to fill in the information about yourself (voluntary), to choose a profession and to confirm it if it is required for the chosen profession.
3.1.4. to enter the Operator account on the site www.qtok.com and to set billing information. The requisites specified at registration of an Operator further can be changed only at the direction of the corresponding inquiry in technical support on the e-mail address firstname.lastname@example.org with necessary verification of the identity of an Operator.
3.2. A User, to whom an Operator renders services, is called further a "Client".
3.3. An Operator carries out his service when performing the translation from one language into another, or when providing to a Client the data he requires in the form of audio, video and text messages through the Qtok platform.
3.4. Operators, who assume to render services, demanding special qualification (in particular, doctors, lawyers, tax consultants, jurors and officially appointed translators), can be brought in a database only after representation and verification of concrete proofs of the qualification.
3.5. The Company doesn't bear any responsibility for translation quality, carried out by an Operator, and also for quality, completeness, reliability of information transferred by Operators to Clients. The company only provides an operational environment in which a Client and an Operator have opportunity to carry out communication and to accept/render Services to each other. Thus a Client has the opportunity to estimate quality of Service providing by an Operator(the option is available in the Application only after completion of paid session), and also to leave a comment on the Operator.
4.1. QTok© Session is the period during which a Client and an Operator are in contact through the connection established by means of the Qtok platform (further – a "Session"). During a Session an Operator renders Services to a Client (including the translation from one language into another or other help).
4.2. The Company ensures the QTok application operation in the WiFi networks and through networks 3G or LTE (4G). However, the Company doesn't guarantee availability of Qtok use in any concrete place. The company also doesn't bear responsibility for quality and the declared communication parameters provided by any telecom operators.
4.3. To start Session a Client chooses an Operator he perfers from a database of the Company sorted by the parameters chosen by a Client. The possible parameters for the choice – languages an Operator speaks, his profession, his rating, quotation of his services, etc. The client can also examine comments on an Operator, if they have been left earlier by the previous Clients.
4.4. Сonnection setup between a Client and an Operator is always free. Thus the Company has no relation to usual expenses on connection to the Internet, mobile communication, roaming and other expenses which Users face or can face in connection with the use of their mobile devices. When using the Application on mobile devices data exchange is carried out in consideration with your tariff plan at your mobile operator. Use of services abroad can be more expensive, than within the country, and you have to find out the tariffs in roaming established by your mobile operator.
4.5. When communication between a Client and an Operator is setup, the parties agree upon the services to be received or rendered, and can specify for some time the translation details. Communication between a Client and an Operator thus can be carried out both in the mode of short messages (chat), and in the voice mode. Till the requiest for the beginning of paid session doesn't arrive and is not accepted (see items 4.6 and 4.7) – session time is not rated, i.e. is free.
4.6. In the course of communication in the free mode at any time an Operator can suggest a User to pass to further service rendering on a paid basis, having pressed the corresponding button in the application interface. Thus on the screen of the Client's device there will be the corresponding message. Only after the affirmative answer of the Client, Session will pass into the status paid and the Operator's services will be paid by the Client according to a tariff of the Operator and the chosen communication mode (chat or voice communication).
4.7. A Client can begin the paid session independently at any time, for this purpose he needs to press the corresponding button in the application interface, in this case the confirmation from an Operator for paid Session start is not required.
4.8. In order that a paid session began, a Client should have at least a little sum of money on his account.
4.9. A Client can stop a paid Session at any time, if he doesn't need services of an Operator any more, having pressed the corresponding button of the application interface. It will mean the tariffing stop and the Session termination. It is impossible to pass from the paid mode of communication in free, without Session interrupting.
4.10. If for any reason the communication quality worsens and connection between a Client and an Operator is lost, the Application will provide automatic restoration of Session with the same Operator after communication restoration. Thus:
4.10.1. the time of communication loss is not rated: even if in the interface at the time of communication loss charge/write-off of money is visible (in view of technical features the Application can issue billing information with a delay) , after the end of Session the Application staticizes settlement data according to the valid time of Session.
4.10.2. it is possible, that the voice communication won't be reestablished automatically, and the Session will be available in the chat mode . For the Session continuation in the voice mode it is necessary to press once again the corresponding button and to initiate conversation.
4.11. All financial information concerning the current Session, that a Client and an Operator can see at the time of Session, is only for reference use. Exact financial information on Session and on personal account is fixed only upon Session termination – it can be seen subsequently both in the Application, and in a personal account on the Site.
5.1. The Paid Session tariffication is carried out in the per second mode. The cost of paid Session is removed automatically from account of a Client in his User Account.
5.2. The basic principle of QTok tariffication is quality of providing Service, in particular, translation quality. The company trusts the solution of questions of Operators work quality assessment to Clients of the Company as only Clients and only in personal contact during a Session have opportunity to estimate, how well an Operator helped them. For the rendering Service quality assessment in the Application the rating of Operators is used.
5.3. At the time of registration basic score 4 on a 10-mark scale is assigned to all Operators. The basic rating means that a Client will pay for the service of an Operator according to a basic tariff - 1 euro/min. at voice communication. The better an Operator works, the more high rating estimates he receives from Users and the higher his payment becomes. To the contrary, the negative assessment of work of an Operator from a Client leads to falling of his rating (so, and his payments also), and finally this operator can be excluded from a search engine.
5.4. A User can give a mark to an Operator only after the paid session. The total rating of an Operator is calculated proceeding from three parameters: Operator's assessment given by a User , duration of paid Session and the type of Session (voice, chat). Thus for high quality help maintenance in the Application, the principle, that negative estimates have a greater influence on the Operator's rating change, than positive, is underlain in the rating calculation.
5.5. Through the user application interface a Client can see the rating and the tariff of each Operator, and also more detailed information on him, including responses of other Clients.
5.6. If an Operator for any reason considers that his services have to be estimated higher or are lower than the quotation offered by the Application, he can independently expose the quotation for services in the limits provided by the Application. Thus all customer reviews and the Operator rating will be still visible in the Application and can be considered by a Client along with other factors at the choice os an Operator.
5.7. As in the Application the communication is possible not only in the voice mode, but also in a chat, various amounts of tariffing are also provided: communication in a chat, images and text transfer without inclusion of voice session is estimated at 30% of a voice tariff.
5.8. At money exhaustion on personal account of a Client at the time of Session, a Session does not interrupt automatically. An operator receives the notice that money on personal account of a Client came to an end. In this case an Operator himself has to make a decision whether to continue the Session or to finish it.
5.9. The Company is not answerable to an Operator and doesn't pay service of Operator in time that he continued working in the mode of paid Session with a Client who had his money ended on his personal account.
5.10. The Company can change the principles of tariffing at any time without notiffing Operators, making corresponding changes to the present document. New tariffs come into force from the moment of publication and are applied to the next Session following the publication. Introduction of the new principles of tariffing doesn't concern all financial calculations perfromed on already complete Sessions. Before a paid Session it is recommended to check the current principles of tariffing. If Users (Operators, Clients) don't agree with them, Users should not begin a paid Session.
6.1. For paid Sessions implementation a User (a Client) needs to top up his personal account by means of any payment method which offers the Application – a credit card, a payment system, a voucher. At account replenishment the balance of the account of a User is updated right after crediting the moneys to the account. The company uses services of the third parties for payment processing and demands from them to take all necessary organizational and technical measures for protection of User personal information and transmitted data, and also to observe the relevant legislation.
6.2. The settlement currency of the Application is Euro. All payments on User personal account are enlisted in Euro. In case replenishment of User personal account is carried out from the account in other currency, a User independently bears all course, transaction, commission and other expenses on transfer and converting from currency of payment in Euro.
6.3. The Company can raise the VAT or other indirect taxes in an appropriate size for a certain territory (according to the operating principles of the taxation) at the time of replenishment of personal account of a Client in the Application.
7.1. If a User considers that money from his personal account has been withdrawn by mistake, he should address to the Company within 90 days after such withdrawal and to direct to the Company all available confirmations of mistakenness of such withdrawal (if any) on the e-mail address email@example.com. At the appeal to the Company after 90 days from the date of wrong transaction money would not be refunded.
7.2. If a User decided to stop using the Application, all money from his personal account will be refunded on the terms of item 2.12.1.
7.3. The Company reserves the right to deny the request of a User about payment return if there are grounds to believe that:
7.3.1. A User tries to abuse policy of chargeback (for example, sent several requests about return of the same payment).
7.3.2. A User violated conditions of the present Terms.
7.3.3. A User uses the Application under false pretences or the User account is used by the third party by deception. The real policy of chargeback doesn't affect legitimate rights of a User to make a claim.
8.1. The QTok application provides the first level affiliate program. Any User can take part in it and promote the Application, having become an Affiliate of the Company (further – an Affiliate): to assist Operators' registration in the Application and to earn a commission payment (further – a Commission) from each paid session which will be held by these Operators.
8.2. To become an Agent it is required:
8.2.1. to login as a User with the existing e-mail address.
8.2.2. to undergo the e-mail confirmation procedure (see i. 2.7.2.).
8.3. To send a message from the section "Messages" in the main menu, having given a short description of operators whom you are going to involve.
8.4. When the inquiry will be processed by the QTok support team, you will receive a message containing your personal Affiliate code (further – the Code).
8.5. Necessary condition for an Affiliate to gain the Commission is to give the Code to the involved Operators in order that they pass the registration procedure in the application with this Code.
8.6. The commission is charged to an Affiliate automatically after each paid session which is held by an Operator involved by the Affiliate during the first 365 days from the moment of registration of the corresponding Operator in the Application. From the subsequent paid sessions which will be held by the Operator, since 366th day from the moment of registration in the Application with the Code, the Commission to the Affiliate is not charged.
8.7. A User can also login as an Affiliate on the site of the application www.qtok.com , using the same user name and the same password, as in the Application.
8.8. In order that the Company could transfer the Commission, an Affiliate should enter the payment requisites in the private office on the site www.qtok.com. The payment requisites specified at registration of an Affiliate can be changed further only after the corresponding inquiry to the technical support on the e-mail address firstname.lastname@example.org with necessary verification of the Affiliate's personality.
8.9. An Affiliate can observe in the personal account the information on the Operators registered with his Code (name, brief overview about an Operator, Commission on each Operator).
8.10. Registration as an Affiliate doesn't exclude an opportunity for a User to be registered as well as an Operator or to use the Application as a Client.
9.1. Remuneration payment to Operators and Agents (together further – Contractors) is made at least once in calendar month. The company independently defines a date of remuneration payment to Contractors and can change it at discretion within calendar month without preliminary coordination with Contractors.
9.2. Remuneration is paid by a wire transfer on the requisites specified by a Contractor at registration in the personal account. All expenses on money transfer to Contractors on the requisites specified are incurred by Contractors.
9.3. The company doesn't bear responsibility for payments that won't be executed or will be executed incorrectly because of incorrectly specified payment requisites or because of the untimely notice about changes in the payment requisites of a Contractor.
9.4. If there is a sum on the personal account of a Contractor equal to 50 Euros and more, a Contractor can request its early transfer to the requisites via the interface in the personal account on the site of the Application. The company will make a transfer within 3 bank days from the moment of such inquiry receiving. A request for money transfer, even if there are 50 Euros or more on the account of a Contractor, can't be sent more often than once a week.
10.1. A User has an opportunity to choose any Operator from among being at the moment of inquiry in online access.
10.2. A User can establish of his own free choice the criteria of Operators search from among offered by the Application.
10.3. A User has the right to begin the paid session and to stop it at any time.
10.4. Users have no right to demand a contract conclusion with an Operator.
10.5. Clients can estimate in the application the corresponding operator by means of the assessment mechanism after a session.
10.6. A User is responsible for all actions executed through the account. You agree to report the Company immediately about unauthorized use of the User account and violations of its safety. The company doesn't bear damage liability that a User can incur as a result of someone's use of the User account with the consent of the User or without it.
10.7. A User can bear damage liability, suffered by the Company or the third party because of someone's use of the User account. In this regard the Company recommends to Users to choose a difficult password consisting of letters, figures and special symbols.
10.8. A User independently bears responsibility for compliance of the maintenance of content placed by the User to requirements of the current legislation, including the third party liability, in cases when a User place this or that content or the maintenance of content violates the rights and legitimate interests of the third parties, including the personal non-property rights of authors, other intellectual rights of the third parties, and/or encroaches on the non-material benefits belonging to them.
10.9. A User is not in a position to:
10.9.1. intercept, control, damage or change a message, not intended for him;
10.9.2. use the programs inspectors, viruses, hearts, trojans or other codes and instructions urged to distort, remove, damage, emulate or to disassemble the Application;
10.9.3. to send undesirable messages (which are also called "spam") or messages forbidden by the current legislation or to use Application for phishing or farming, and also with the purpose to pose himself as another private person or legal entity or to make false impression about his communication with other private person or legal entity;
10.9.4. send to the third parties offensive, harmful to minors, obscene and other doubtful materials;
10.9.5. use Service with the purpose to cause sincere discomfort or suffering, to threaten, irritate or encroach on private life of the third parties;
10.9.6. use (including in the name and/or in the photo of a profile) materials or content protected by the property rights of the third parties if you have no permission of the owner to such rights;
10.9.7. collect information allowing to identify the personality, including names of accounts from the Application;
10.9.8. break or try to break availability of the Application by DOS or DDoS attacks.
10.9.9. use Qtok in the forbidden ways, including abuse of capacity of a network or to load it.
10.10. A User has to update in due time the Application to the new version. The company doesn't bear responsibility for application working capacity and operation stability in case a User did not not update the Application, having received the corresponding message.
10.11. A User has to update an operating system of the smartphone in due time. The company doesn't bear responsibility for application working capacity and operation stability in the previous operating systems (see item 2.1).
11.1. A User directly recognizes and agrees that he uses the Application and the Site, at his own risk and that all risks considering the satisfactory quality, productivity, accuracy and convenience fall on him . The Application and the Site are provided "as they are" and "when available" with all defects and without any guarantees; this is to certify that the Company refuses all guarantees of any sort concerning the Application and the Site: obvious, implied or provided by the law, including indirect guarantees and/or conditions of commercial suitability, satisfactory quality, suitability for use to destination, accuracy, free use and lack of violations of the rights of the third parties. The Company doesn't guarantee free use of service, its permanent or trouble-free operation or elimination of its defects. The oral or written information and consultations provided by the Company aren't a guarantee. If use of the Application results in defects, a User independently pays an overall cost of all necessary services, repairs or corrections.
11.2. In the course of QTok use a User can face content which can be considered offensive, obscene or doubtful. Nevertheless, a User agrees to use Qtok at own risk, and the Company doesn't bear responsibility before Users for the content that can be offensive, obscene or doubtful.
11.3. The Company doesn't bear responsibility for injuries or incidental, intended, indirect or collateral damage, including for damage from loss of profit, loss of data, business interruptions, commercial damage or losses in result or in connection with use or impossibility of use of the Application, irrespective of the reason and the applicable theory of responsibility (a contract, an offense, another) and even if the Company was informed on possibility of such damage. Our cumulative responsibility before Users and the third parties for all damage can't exceed 50,00 euros. The above restrictions will be applied even when the specified remedies don't answer the main objectives.
12.1. The Application and the Site, and also content or information, and all their copies containing in them, are protected by the law on copyright, laws and international treaties on intellectual property. Property rights, copyright and other intellectual property rights on the Application and the Site all their copies, modifications and derivative products, and also the software which is their cornerstone, including Feedback of users (further – the Qtok technology) belong to the Company and its licensors. Use of the Application or the Site doesn't grant to a User the property rights to the Qtok Technology.
12.2. The Company doesn't consider offers or ideas, including ideas for new products, technologies, actions, names of products, reviews of products and improvements of products (further – Feedback) confidential information. Sending Feedback to the Application or to the Sites, social networks or other resources, a User recognizes and agrees that the Company has no obligations about observance of confidentiality of Feedback. Nothing in the present Terms limits the rights of the Company for independent use, development, assessment or advance of products with use of Feedback or without it.
12.3. A User can place references to the Site from his own site provided that it is done in honest and lawful way, without causing damage to reputation to the Company and without exploiting it. A reference placed by a User shouldn't indicate existence of relationship with the Company, approval or support from the Company if those don't exist. It is forbidden to fabricate the Site on other site. The company has the right to cancel permission to place references to the Site at any time on the discretion.
12.4. A User uses the Application on his own initiative and is responsible for observance of applicable laws, including the relevant local legislation. The Company reserves the right to change, stop, block or disconnect access to our Application or the Sites at any time without prior notice. The Company doesn't bear responsibility for blocking or shutdown of access to our Application or the Sites. We can also impose restrictions on use or access to our Sites and the Application without prior notice or responsibility.
12.5. To the extent applicable, The Company shall inform a User on functional and technical changes of the Application as well as send important updates regarding the Site and Services by an email, associated with a User's account.
12.6. A link (in any form) on any site, product, service, any information of commercial or noncommercial character published on the Website is not an approval or a recommendation of these products (services, activity) from the Company, except for cases when it is directly indicated it on the Company's resources.
12.7. The present Terms are regulated and interpreted according to the legislation of the Republic of Singapore. The questions that are not settled by the present Terms are subject to consideration according to the legislation of Singapore. All possible disputes following from the relations regulated by the present Terms are regulated in the order established by the current legislation of Singapore. Everywhere in the text of the present Terms, if other is obviously not specified, as the term "legislation" is understood both the legislation of the Republic of Singapore, and the legislation of a place of stay of a User.
12.8. If for one reason or another one or several provisions of the present Terms are recognized invalid or not having validity, it has no impact on reality or applicability of other provisions of the Terms.
12.9. Inaction from the Company in case of violation by a User or other users of provisions of the Terms does not deprive the Company of the right to take the corresponding actions in protection of the interests later, and also doesn't mean refusal of the Company of the rights in case of commission in the subsequent similar or alike violations.
12.10. The present Terms are made in English and can be in certain cases provided to a User for acquaintance in other language. In case of a divergence of the English-language version of the Terms and the version of the Terms in other language, provisions of the English-language version of the present Terms are applied.
13.1. This is to certify that you can adopt the present Agreement. If you didn't reach majority in the jurisdiction of your country for the conclusion of the legally binding agreement (and you are already 13 years old), you confirm that you the minor, free from parental guardianship, or have lawful consent of parents or the trustee, are capable and competent to accept conditions, obligations, assurances, the statements and guarantees stated in the present Terms and also to execute and observe the present Terms and Conditions. The application is not intended for children under 13 years.