Ques website terms of use

1. General Information

1.1 This Website is operated by Ques s.r.o, seated Landererova 7743/8, Bratislava 811 09, Slovak Republic registered with the Slovak Commercial Register under number 51 441 098 (jointly "Ques" or "we" or "us") and shall provide you with relevant information regarding the company Ques.

2. Use of Website

2.1 Nothing contained herein shall be interpreted as the obligation of Ques to operate or ensure availability of the Website. Ques is entitled to limit, suspend, or terminate operation of the Website at any time and at its sole discretion.

2.2 You acknowledge and agree that if you rely on the Website or any content on the Website, especially any information herein, you do so solely at your own risk.

2.3 The user is obliged to use the Website in accordance with the purpose for which it was provided and in compliance with these Terms and all applicable laws. The user shall not use the Website:

• 2.3.1 in any way that causes, or is likely to cause, interruption, damage, or impairment to the Website in any way, or
• 2.3.2 for fraudulent purposes, or
• 2.3.3 in connection with a criminal offence or
• 2.3.4 other unlawful activity.

2.4 All content included in or made available through the Website, such as text, graphics, logos, button icons, images, audio clips, are the intellectual property of Ques and/or third parties and are protected by copyright, authors' rights, trademark and database rights or other intellectual property rights as may be applicable and as such cannot be used in any way without Ques's prior written consent.

2.5 We hold and retain (or are a licensee of) all intellectual property rights on Website structure and all content included in or made available through us, such as text, graphics, logos, button icons, images, audio clips, are the intellectual property of Ques, our partners and/or third parties and are protected by copyright, authors' rights, trademark and database rights or other intellectual property rights as may be applicable and as such cannot be used in any way without Ques's or authorised third party's prior written consent.

2.6 You may use the Website and its content solely for personal, non-commercial, and private use subject to applicable copyright laws. You may not use any part of the Website structure without obtaining specific license to do so from us. You may not use any of the Website content or content from third parties or, as the case may be, any other authorized licensor without obtaining a specific license.

2.7 You may not copy, display, modify, download, reproduce, or transfer to a third party any part of the contents or material made available through the Website without being granted written permission to do so.

2.8 You understand and agree that you are responsible for compliance with any and all applicable laws. You also and especially agree not to:

• 2.8.1 access and extract information from Website via automated means;
• 2.8.2 make any steps which may cause an extraordinary load on Website; or
• 2.8.3 deep-link, mirror or frame any parts of the Website.

2.9 Nothing contained on this site should be construed as permission for you or for anyone else to possess any licence or right to use any trademarks or other intellectual property of Ques, our partners or any third parties.

2.10 In case you think that any intellectual property or other type of protected material may have been or is being infringed, please notify us by sending a notice to the following email address info@ques.sk, such notice must include:

• 2.10.1 Identification of protected material, which is claimed to be infringed, identification of mode of protection and relevant register (if applicable);
• 2.10.2 Description of how the relevant protected material is being infringed and role of our Website therein;
• 2.10.3 Determination of owner/holder of protected material and his consent with sending this notice to us;
• 2.10.4 our contact address; and
• 2.10.5 Your statement that you have a good faith to believe that the user of the material is not the owner, licensor or owner's agent of protected material, that you are authorised to act on behalf of owner or exclusive licensor and your statement that you indemnify us and the intellectual property holder for any damage or losses caused if your representation within your notice turns out to be untrue.

3. Data Privacy

3.1 All processing of personal data on Website is governed by these Terms as well as our Privacy Policy.

3.2 This Website is not directed to children. Ques will not knowingly collect or process any Personally Identifiable Information/Personal Data from anyone undeage through this Website. If you are underage you should refrain from using this Website.

3.3 Ques shall have the right to collect and analyse data, feedback suggestions and other information relating to the provision, use and performance of Website and to use such information and data without any restriction or compensation of any kind to improve and enhance Website and/or other services related to Website or for further development, diagnostic and corrective purposes in connection with the Website and/or other services.

3.4 If the user provides Ques with any reports of defects and/or suggests modifications ("Report"), Ques shall have the right to use such Report, including incorporating such Report into Website or any other services and/or product, without any obligation to the user. The user agrees that only Ques shall have the right to enhance or otherwise modify Ques products and services. Unless specifically agreed otherwise in writing, Ques reserves all rights and grants the user no licenses of any kind, whether by implication or otherwise. Ques shall own and retain all right, title and interest in and to (a) Website and all improvements, enhancements or modifications thereto or to its other services and/or products; (b) any software, applications, inventions or other technology developed in connection with use of Website; and (c) information derived from analytical data, and (d) all intellectual property rights related to any of the foregoing.

4. Warranty, Liability and Indemnity

4.1 You hereby indemnify and hold harmless Ques from and against any and all damages, costs, expenses, liabilities, claims and causes of action, including, without limitation, reasonable attorneys' fees, expenses and costs in the defence and disposition of such matters and in relation to enforcing this indemnification provision (together, "Damages") in any way arising by reason of or relating to any claim by any third party (including any governmental authority) arising from or relating to a claim that:

• 4.1.1 you have in any way infringed, misappropriated, breached or violated any copyright, patent, trade secret or other intellectual property right of Ques or any third party and
• 4.1.2 your gross negligence or wilful misconduct, or
• 4.1.3 your violation of applicable legislation or these Terms.

4.2 TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, WEBSITE PROVIDED BY QUES AND ANY CONTENT THEREIN IS PROVIDED "AS IS," AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, QUES EXPLICITLY DISCLAIMS ALL EXPRESS AND IMPLIED, STATUTORY, OR OTHERWISE CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Ques MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE WEBSITE OR ANY Ques CONTENT. Ques makes no warranty that the Website or any Ques content therein will meet your or any user's requirements or be available on an uninterrupted, secure, virus-free or error-free basis. Ques makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Website or any of its content, any service levels with respect to Website or any Ques content therein.

4.3 The information or any other content on the Website is for information purposes only and does not constitute advice. Such information or any other content may be incorrect or out of date and should not be considered as a definitive or complete statement of fact. You should check any information and material on the Website and use your own judgement before doing or not doing anything on the basis of such information or any other content. YOU ACKNOWLEDGE AND AGREES THAT IF YOU RELY ON THE WEBSITE OR ANY CONTENT ON THE WEBSITE YOU DO SO SOLELY AT YOUR OWN RISK. YOU ALSO ACKNOWLEDGE AND AGREE THAT NEITHER US NOR OUR CONTRACTORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, ITS CONTENT OR RELATED SERVICES PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND. NO REPRESENTATIONS OR WARRANTIES ARE GIVEN AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR MATERIAL PROVIDED ON THE WEBSITE.

4.4 NEITHER QUES, ITS CONTRACTORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING WEBSITE, ITS CONTENT OR RELATED SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT COSTS OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LITIGATION COSTS, LOSS OF DATA OR GOODWILL OR PRODUCTION, OR BUSINESS OPPORTUNITIES, OR REPUTATION, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THIS TERMS OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR ANY OTHER SERVICE(S), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT QUES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. In no event shall Ques be liable to you for more than the amount of any actual direct damages up to the amount of fifty (50) euros. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. HOWEVER, IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

4.5 This Website might contain third party advertisements and/or links to other sites. Inclusion of these advertisements and/or sites does not imply any endorsement of such linked sites or any association with their services or content. Ques does not control any content of these advertisements or sites. Ques does not make any representation as to the accuracy or suitability of any of the information contained in those advertisements or sites and does not accept any responsibility or liability for the conduct or content of those advertisements and sites and the offerings made by the third parties. Therefore, Ques shall not be responsible for the contents of the ads, promises made, or the quality/reliability of the products or services offered in all advertisements or your use thereof.

5. General Legal Terms

5.1 Ques shall not be treated as having waived any rights by not exercising or delaying the exercise of any rights under these Terms or under applicable laws.

5.2 In the event one or more provisions of these Terms shall, or shall be deemed to, be invalid or unenforceable, the validity and enforceability of the other provisions of these Terms shall not be affected thereby.

5.3 Ques shall not be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including without limitation to, failure of power grid, failure of the Internet, natural disaster, weather event, war, riot, insurrection, epidemic, strikes, floods, acts of terror, labour action, terrorism, denial of service attacks or other malware/virus attacks other events beyond party's reasonable control.

5.4 All communication (including any notice having a legal effect) shall be done solely by electronic means and shall be sent to the email address info@ques.sk or as otherwise notified from time to time by Ques.

5.5 Ques shall be entitled to change these Terms at its sole discretion at any time without notice. Ques shall publish the Terms through Website and you are obliged to check from time to time whether new Terms are published. Your continued use of the Website is deemed as your acceptance of the new Terms. If you do not agree with these new Terms, you shall cease using the Website.

5.6 These Terms and any dispute or claims arising out of or in connection with it or their subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with laws of the Slovak Republic without regard to its conflict of law provisions.