In this document you will find the User Agreement of IQue. IQue rejects all General Terms and Conditions (or similar conditions/documents) of other Parties, unless otherwise stipulated in the Agreement or in these User Agreement. You cannot derive any other rights than those shown in this user Agreement.

info@ique.live

Mozartlaan 27F 1217CM Hilversum

Chamber of Commerce number: 89499603

1. Definitions

- Day: calendar day;

- IQue: IQue, registered under Chamber of Commerce number; 89499603 , owner of iQuelive.com, iQue.live and the IQue app.

- User: the party that makes use of the services, Platform, products and/or app of IQue partly with an account registered at IQue;

- Service: any service offered by IQue, as offered via the website or by any other means, including (but not limited to) the IQue app;

- Platform: the online presence of IQue, including but not limited to the website of IQue, forums managed or set up by IQue and all social media channels managed or set up by IQue;

- Agreement: any agreement that, regardless of the way, is concluded between IQue and the User, for example by making use of the IQue app;

- Parties: IQue and User jointly mentioned;

- Written communication: all communication that does not take place verbally, digital communication also falls under this formulation.

2. Applicability

1. To protect Users and to prevent misuse of the Service and the IQue Platform, User must agree to the User Agreement of IQue and abide to the clauses set forth in this User Agreement.

2. This User Agreement of IQue applies to every offer of, and Agreement between IQue and User, to which IQue has declared this User Agreement applicable. All general terms and conditions (or similar conditions/documents) of the User are rejected, after all, the User makes use of the offer, service and programs of IQue.

3. If the User Agreement is deviated from, the other provisions of the User Agreement will retain their validity.

4. Amendments to the User Agreement agreed to in writing by IQue, only apply to the cases determined in that specific Agreement as stated by IQue.

5. The User Agreement does not have to be expressly agreed to, again and again after being accepted for the first time, but are deemed to have been tacitly accepted. This applies to all further agreements between IQue and the User.

3. Additional features

1. Use of the services as provided by IQue are in principle free.

2. IQue offers the possibility to use additional features for added value for the User.

3. More information regarding additional features and the terms and conditions regarding the additional features, can be seen on the website of IQue, www.iquelive.com or www.ique.live.

4. IQue will never settle additional costs beyond the costs that are clearly indicated on the IQue website regarding the additional features.

5. Additional features purchased by User cannot be returned, replaced or changed. IQue clearly indicates which additional features are offered and the User agrees to the additional features as offered by purchasing them.

6. IQue retains the rights to change or amend the conditions and costs regarding the additional features. User will always be informed of these changes by updating the terms on the webpage regarding the additional features.

7. User will never be billed additional costs when the costs of the additional features are amended in the same payment cycle. If the costs are amended the User will be notified of these new changes either by changing the rates on the IQue website or by notification.

8. User always retains the right to opt-out of the additional features. When User does not wish to retain the additional features, User can indicate this to IQue. User retains the right to use the additional features till the following payment cycle after witch the additional features are removed from the account of the User.

4. Payment

1. Payment for any offer made by IQue is made in accordance with the indicated payment methods as stated by the website or app of IQue.

2. IQue reserves the right to change prices displayed on the website and app.

3. The prices of the offer made by IQue will not be increased without the User having been informed of this during the period indicated in the offer, User will then have the possibility to discontinue making use of the offer.

4. IQue asks for a direct payment using Mollie-payment on the website. Payment is seen as acceptance and start of the use of the offer of IQue.

5. If payment is not made, IQue will send one reminder with a payment term of 14 days.

6. In the event of non-payment of the payment reminder, IQue will send a second reminder. This second reminder must be paid within 14 days. Administration costs will be charged for sending the reminder. If the second payment reminder is not paid in full on time, the claim will be handed over to a collection agency. This party will collect the claim in full.

7. In the event of late payment of the amount due, IQue has the authority to charge the statutory interest ex. 6:119 of the Dutch Civil Code, counting from the date of commencement of the default.

8. All judicial and extrajudicial costs incurred by a party commissioned by IQue to enforce payment of a debt may be charged to the User.

5. Agreement

1. The Agreement between IQue and the User is concluded by offer and acceptance (Article 6:217 of the Dutch Civil Code). The Agreement can only be concluded in writing, for example by agreeing to the User Agreement of IQue.

2. Only after written agreement between IQue and the User will IQue proceed with the execution of the Agreement and providing the Services of IQue.

3. Employees of IQue or third parties engaged by IQue cannot make binding agreements with the User. Agreements (whether orally or in writing) do not bind IQue until and to the extent that they have been confirmed by an authorized representative of IQue.

4. The Agreement between IQue and User is based on an best efforts obligation towards the usage of the Service of IQue, User can therefore never bind IQue by an obligation of result. IQue can only be seen as a provider of Service as stated in this User Agreement.

6. Liability

1. Any liability, both contractual and extra-contractual, (except for liability due to intent or gross negligence) of IQue and - if this should occur - its directors and employees, is limited to the amount of direct damage.

2. If IQue should be liable, this liability is limited to what is regulated in this provision.

3. IQue is not liable for damage, of whatever nature, caused by IQue assuming incorrect and/or incomplete information provided by or on behalf of the User. IQue determines and provides the services in accordance to the information provided by User and can therefore not be held liable in case of misinformation by User, regardless of intent of the User.

4. If IQue should be liable for any damage, the liability of IQue is limited to the direct damage occurred by User

5. Direct damage is exclusively understood to mean the reasonable costs for determining the cause and extent of the damage, insofar as the determination relates to damage within the meaning of the User Agreement, any reasonable costs incurred to have the defective performance of IQue comply with the Agreement, insofar as it belongs to IQue, and reasonable costs incurred to prevent or limit damage, insofar as the User demonstrates that these costs have led to the limitation of direct damage as referred to in the User Agreement.

6. IQue is never liable for indirect damage, including consequential damage, loss of profit, missed savings and damage due to business stagnation.

7. The User indemnifies IQue against all claims from third parties, and will reimburse IQue for the costs it incurs or will incur in connection with the defence against such claims by third parties, which are related to or arise from work performed by IQue under the Agreement(s) with the User.

8. Contrary to the statutory limitation periods, the limitation period of all claims and defences against IQue and the auxiliary persons involved by IQue in the performance of an Agreement is 5 years.

9. The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of IQue or its managerial subordinates.

10. The responsibility with regard to documents/pieces supplied or used by the User lies with the User. IQue cannot be held liable for copyright violations or errors by the User with regard to these documents/pieces.

11. IQue cannot be held liable for information obtained by Users through usage of the Service provided by IQue. IQue cannot guarantee that Users don’t copy information provided by usage of the Service of IQue.

12. IQue cannot be held liable for other User’s, IQue only provides the Service as stated in this User Agreement and does not control other Users. Any form of damage occurred in cohesion with another User cannot be recovered from IQue. In case of a legal procedure, IQue will (reasonably) assist User in the legal procedure by, for example providing the schedule of the User or history of a User.

13. IQue cannot be held liable for the information provided by another User.

7. Obligations of the User

1. User agrees to be of the minimum age of 16 years old by using the Service of IQue and by communicating this to IQue.

2. User has not fabricated the information in regard to setting up an account, all information provided by User are accurate, It is against our User Agreement to create an account with false information, including accounts registered on behalf of others or persons under the age of 16.

3. User will not create a false identity, impersonate someone else, create a profile for someone other than yourself (a natural person), or use or attempt to use another person's account.

4. User agrees to abide with all applicable laws, including, but not limited to, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements.

5. User is never allowed to copy, multiply, procure or sell personal information obtained by usage of the Service of Platform provided by IQue.

6. User will not develop or use software, devices, scripts, robots, or other means or processes (including browser plug-ins, modules, scripts or other technologies) to search the Services or Platform of IQue or otherwise collect profiles and other data from the Services to copy.

7. User will never violate the intellectual property rights of other Users, including copyrights, patents, trademarks, trade secrets or other proprietary rights. For example, do not copy or distribute contributions or other content of others without their permission (except when given explicit consent).

8. User agrees not to disclose important information without permission (such as confidential information of others, including an employer/company).

9. User will provide accurate information when setting up an account and will use an appropriate name as profile and be professional in setting up an account.

10. User will make use of the Service and Platform of IQue in an appropriate and professional manner, this is in any case meant to mean being professional and appropriate in their language, behaviour and account design.

11. User will not misuse the Service and Platform of IQue outside the intended uses for the Service and Platform of IQue, the assessment of whether the User is in misuse is done by IQue.

12. In case of misuse or non-compliance with the obligations of the User, IQue reserves the right to ban or block an User according to the judgement of IQue. It is up to IQue to substantiate banning or blocking an User, IQue strives for an professional Platform aimed at providing services to help among others employees, freelancers and companies.

13. IQue reserved the right to ban or block accounts that have been set up by Users that have already been banned or blocked by IQue.

8. Service of IQue

1. IQue will never disclose account information to another User without the explicit written permission of that User.

2. All information of the User is locked until the User accepts a ‘connection’ with another User, only then is the information shown on the account viewable by another User. Users are not able to see the information of another User without a ‘connection’, except if this is explicitly agreed upon by User (this can be done by changing the settings of the account or by using certain Services of IQue, all Services of IQue that make viewing of the data of an account possible will indicate this).

3. IQue will never allow third party advertisements on the Service or platform, all advertisements made by the Service or Platform of IQue originates from Users that make use of the Service and Platform of IQue.

9. Complaints

1. IQue has various functions that allows the User to report complaints to IQue. For the solution and handling of a complaint, it is desirable for the User to describe the complaint in as much detail as possible. The assessment of a complaint is always on the part of IQue.

2. IQue strives to handle the complaint within a period of 10 working days, or as soon as possible. The given term is not a deadline.

3. The complaint will be handled in a manner determined by IQue. IQue can discuss a possible solution of the complaint with the User.

4. In principle, handling of the complaint always takes place by telephone or e-mail. If the seriousness of the complaint so requires, IQue may decide to handle the complaint in person.

10. Force majeure

1. IQue is not liable for damages resulting from circumstances that could not have been foreseen by IQue at the time of entering into the Agreement. Such circumstances include: lack of raw materials, factory failure of any kind, strike, exclusion of or lack of workers, quarantine, epidemics, pandemics, natural disasters, mobilization, martial law, state of war or war, traffic jamming in railways or lack of means of transport, traffic blockades, illness regardless of the reason or cause thereof, server failures, hacking, server downtime, server crashes or other unforeseen circumstances that were not known when entering into the Agreement.

2. IQue has the right to suspend or dissolve the performance of the Agreement in the event of force majeure.

3. IQue will take utmost care in preventing damages occurred by unforeseen circumstances by for example checking the server and website status, updating necessary software, implementing backups of files and User accounts. IQue will furthermore plan server downtimes with the purpose of improving/adjusting the Service of IQue, all Users will be notified of planned downtimes within a reasonable amount of time (30 days is seen as a reasonable amount of time).

11. Data Protection Regulation

IQue complies at all times with the applicable privacy legislation (the Data Protection Regulation). For more information about this, you can consult the Privacy Statement of IQue. IQue also concludes processing agreements with the Parties, if this is required by privacy legislation.

12. Conversion

If and insofar as any provision of the Agreement and these User Agreement cannot be invoked on the grounds of reasonableness and fairness or the unreasonably onerous nature, the relevant provision with regard to the content and purport will in any case have as much additional meaning as possible, so that it can be invoked by IQue.

13. Aftereffects

The provisions of these User Agreement of IQue, of which it is expressly or tacitly intended that they remain in force even after termination of an Agreement, will remain in force afterwards and will continue to bind both Parties.

14. Conflicting clauses

In the event that these User Agreement and offer/quotation/agreement contain conflicting conditions, the conditions included in the offer/quotation/agreement shall apply. The User Agreement is leading in all other cases.

15. Applicable law

All Agreements between the User and IQue are declared to be governed by Dutch law.

16. Choice of forum

IQue reserves the right to submit disputes to the competent court located in the Netherlands according to the law.

17. Modification of the User Agreement

Taking into account the possible evolutions of the website and the working method of IQue, IQue reserves the right to amend or change the User Agreement at any time. In that case, the new User Agreement will be communicated to the User by (online) change of the User Agreement and will apply to every Agreement that is realized after the change.

18. Final provision

In all cases where this User Agreement does not provide, the Agreement will be interpreted in the light of the User Agreement and in reasonableness and fairness.

19. Google API Services User Data Policy

iQue’s use and transfer to any other app of information received from Google APIs will adhere to
Google API Services User Data Policy, including the Limited Use requirements.

Do you have questions regarding our User Agreement? Please feel free to contact us via the details below!

info@ique.live

Mozartlaan 27F 1217CM Hilversum

Chamber of Commerce number: 89499603

Version 2023