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Qifti terms and conditions »

The following terms and conditions (the Terms) cover the Qifti Mobile Web Site, located at www.qifti.com, and any associated content (the Site). PLEASE READ THIS STATEMENT CAREFULLY BEFORE USING OR PROCEEDING TO ACCESS THE SITE. YOUR USE OF THE SITE INDICATES YOUR AGREEMENT TO ABIDE BY THE TERMS IN EFFECT AT THE TIME OF YOUR USE. As used here, you or User means a user of the Site who is deemed to have read, understood and agreed to the Terms and we, us or Qifti means Qifti.

1. DESCRIPTION OF SITE.

The Site provides Users with access to certain information regarding their Qifti account(s), including, without limitation, account balance, recent payments, payment due date, and available credit; and allows Users to make payments to their account through the Site from certain mobile phones.

2. DATA SECURITY; PRIVACY.

Use of the Site involves the electronic transmission of personal financial information across the networks of your wireless service provider. Because we do not operate or control the wireless networks used to access Qifti Mobile, we cannot guarantee the privacy or security of wireless data transmissions. Additionally, for mobile phones, the browser is generally pre-configured by your wireless Internet service provider. Check with your wireless service provider for information about their privacy and security practices. For personal or confidential information sent to or from Qifti over the Internet from a mobile phone, we require that a secure session be established using Transportation Layer Security (TLS). Qifti will treat your data in accordance with the Privacy Statement.

3. DISCLAIMERS REGARDING WIRELESS TRANSACTIONS.

For wireless transactions, Qifti Mobile will work across the networks of a number of wireless service providers; however, Qifti does not operate these networks and has no control over the operations of the wireless service providers. We will not be liable to you if circumstances beyond our control prevent the transaction or interfere with the integrity of the transmission, including, without limitation, unavailability of your wireless service, network delays, limitations on wireless coverage, system outages, or interruption of a wireless connection. Qifti disclaims any responsibility for any wireless service used to access the Site.

The Site will work with a number of different wireless devices. However, Qifti does not manufacture the devices or operate the wireless services. Qifti disclaims any responsibility for the capabilities or reliability of any equipment or software used to access Qifti Mobile. Your wireless data usage is subject to the fees and terms of your wireless subscriber agreement or data service plan.

4. USE OF THE SITE.

Your use of this Site is also governed by the terms of the Web Site Rules and Regulations, which are incorporated herein. User access to and use of the Site is subject to all applicable international, federal, state and local laws and regulations. The trademarks, logos and service marks (Marks) displayed on the Site are the property of Qifti and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Qifti or such third party which may own the Marks. All information and content including any software programs available on or through the Site (Content) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.

5. MODIFICATIONS TO TERMS OF SITE.

We may change the terms and conditions of the Site from time to time by updating this posting. You are bound by such revisions and should therefore visit this page to review the current Terms from time to time. Your continued use of the Site constitutes an affirmative: (1) acknowledgment by you of the Terms and Term modifications and (2) your agreement to abide and be bound by the Terms as modified.

6. MODIFICATIONS TO SITE.

We reserve the right to modify or discontinue the Site with or without notice to you. We shall not be liable to you or any third party should we exercise this right to modify or discontinue the Site.

7. HYPERLINKING.

THE SITE MAY PROVIDE A LINK TO OTHER WEB SITES BY ALLOWING YOU TO LEAVE THE SITE TO ACCESS THIRD-PARTY MATERIAL OR BY BRINGING THE THIRD-PARTY MATERIAL INTO THE SITE VIA INVERSE HYPERLINKS AND FRAMING TECHNOLOGY (A LINKED SITE). QIFTI HAS NO DISCRETION TO ALTER, UPDATE, OR CONTROL THE CONTENT ON A LINKED SITE. THE FACT THAT QIFTI HAS PROVIDED A LINK TO A SITE IS NOT AN ENDORSEMENT, AUTHORIZATION, SPONSORSHIP, OR AFFILIATION WITH RESPECT TO SUCH SITE, ITS OWNERS, OR ITS PROVIDERS. THERE ARE INHERENT RISKS IN RELYING UPON USING, OR RETRIEVING ANY INFORMATION FOUND ON THE INTERNET, AND QIFTI URGES YOU TO MAKE SURE YOU UNDERSTAND THESE RISKS BEFORE RELYING UPON, USING, OR RETRIEVING ANY SUCH INFORMATION ON A LINKED SITE.

8. NO WARRANTIES.

ALL CONTENT, PRODUCTS AND THIRD PARTY SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A LINKED SITE) ARE PROVIDED TO YOU AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.

QIFTI DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE.

OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL QIFTI BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.

9. LIMITATION OF LIABILITY FOR USE OF THE SITE AND LINKED SITES.

THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND DESCRIPTIONS OF SERVICES PUBLISHED ON THE SITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND QIFTI SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. QIFTI DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE SITE IS COMPLETE OR UP-TO-DATE. QIFTI IS UNDER NO OBLIGATION TO UPDATE ANY CONTENT ON THE SITE. QIFTI MAY CHANGE THE CONTENT ON THE SITE AT ANY TIME WITHOUT NOTICE. QIFTI MAY MAKE IMPROVEMENTS OR CHANGES TO THE SITE AT ANY TIME. YOU AGREE THAT QIFTI, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE SITE OR A LINKED SITE, EVEN IF QIFTI IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. QIFTI CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE.

10. LIMITATION OF LIABILITY FOR GOODS AND SERVICES ARRANGED THROUGH THE SITE.

ANY AND ALL CLAIMS REGARDING ANY FAILURE OR BREACH WITH RESPECT TO GOODS AND SERVICES OFFERED THROUGH THE SITE ARE LIMITED TO CLAIMS AGAINST ANY AND ALL SUCH PROVIDERS OF GOODS AND SERVICES. QIFTI HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY CARRIER OR OTHER SUPPLIER THROUGH THE SITE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH CARRIER OR SUPPLIER AND YOU HEREBY EXONERATE QIFTI FROM ANY LIABILITY WITH RESPECT TO THE SAME.

11. PRIVACY POLICY.

Except as required by law and in accordance with the Qifti Internet Privacy Statement, Qifti will maintain the confidentiality of all user communications which contain personal User information and which are transmitted directly to Qifti. Transmissions to the Site, to the extent such transmissions do not contain personal User information, will not be protected as confidential and Qifti may use and provide information contained in any such transmissions (including any ideas, concepts, know-how or other intellectual property) to any of its parent company, subsidiaries and affiliates or other third parties for any purpose whatsoever and as deemed appropriate by Qifti.

12. USER CONTENT.

We encourage you to submit your thoughts and feedback to us, but be advised that any content you submit to Us regarding the Site will not be returned to you and may be used by us in any manner we see fit, including reprinting it in full or in a modified version on the Site or elsewhere or using elements of it on the Site. You will not be entitled to any remuneration for any use of your content by us or our affiliates.

13. LINKED INTERNET SITES.

Qifti permits hypertext links to the Site. However, Qifti reserves the right to disable any links it finds objectionable and specifically disclaims any responsibility for the Content available on any other Internet sites linked to the Site. Qifti prohibits the framing of any Content available through the Site. Access to any other Internet sites linked to the Site is at the User's own risk. You should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on the Site. Qifti is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.

14. USER CONDUCT.

You are solely responsible for the contents of your transmissions through the Site. The Site makes use of the Internet to send and receive certain messages; therefore, your conduct is subject to Internet regulations, policies and procedures. You agree not use the Site for chain letters, junk mail, spamming or similar activities. You agree not to transmit through the Site any unlawful, harassing, libelous, abusive, threatening, or harmful material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. You shall not interfere with another User's use and enjoyment of the Site. We may, at its sole discretion, immediately terminate your access to the Site should your conduct fail to conform with these terms and conditions of the Site.

15. INDEMNIFICATION.

User agrees to indemnify and hold Qifti, parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, the violation of this Terms by you, or the infringement by you, or other user of the Site using your computer, of any intellectual property or other right of any person or entity.

16. TERMINATION.

We shall not be liable to you or any third party for termination of the Site. Should you object to any terms and conditions of the Site or any subsequent modifications thereto or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site.

17. PARTICIPATION IN PROMOTIONS OF ADVERTISERS.

You may enter into correspondence with or participate in promotions of the advertisers showing their products on the Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding User and the advertiser. Qifti assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.

18. USE OF COOKIE FILE FEATURES.

Qifti reserves the right to store information on a user's computer in the form of a cookie or similar file for purposes of modifying the Site to reflect users' preferences. The Qifti Internet Privacy Statement provides additional information regarding Qifti' use of cookies as well as procedures for disabling cookies.

19. DIGITAL MILLENNIUM COPYRIGHT ACT - NOTIFICATION TO QIFTI REGARDING ALLEGED COPYRIGHT INFRINGEMENT.

Qifti has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the Act) and avails itself of the protections under the Act. Qifti reserves the right to remove any Content on the Site which allegedly infringes another person's copyright. Notices to Qifti regarding any alleged copyright infringement on the Site should be directed to Qifti' General Counsel's Office Attn.: Technology Counsel at technologies.group.counsel@aexp.com.

20. LAWS.

The Terms shall be governed by and construed in accordance with the laws of the Netherlands, excluding its conflict of law provisions. User and Qifti agree to submit to the exclusive jurisdiction of the courts of the Netherlands. User and Qifti agree that any and all disputes, claims or controversies arising out of or related to the Terms shall be submitted for arbitration, which shall be administered by, and pursuant to the rules of, the American Arbitration Association. The arbitrator's authority to resolve disputes and to make awards shall be subject to the limitations of liability set forth above and limited to disputes between you and us alone, with no right or authority for any disputes to be arbitrated on a class action basis or in a purported representative capacity on behalf of the general public or other persons similarly situated. If any provision(s) of the Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. User and Qifti agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.