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QuantActions General Terms and Conditions

These Terms and Conditions were last updated on 18th April 2020.

These Terms and Conditions ("Terms", "Terms and Conditions") govern Customer’s relationship with http://www.quantactions.com website, QuantActions TapAdmin, QuantActions TapCounter mobile application and QuantActions API (the "Service") operated by QuantActions. Customer’s access to and use of the Service is conditioned on Customer’s acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service, Customer agrees to be bound by these Terms in conjunction with our Privacy Policy. If Customer disagrees with any part of the Terms or Privacy Policy then Customer may not access the Service.

Purchases

If Customer wishes to purchase any product or service made available through the Service ("Purchase"), Customer may be asked to supply certain information relevant to Customer’s Purchase including, without limitation, Customer’s credit card number, the expiration date of Customer’s credit card, Customer’s billing address, and Customer’s shipping information.
Customer represents and warrants that: (i) Customer has the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information Customer supplies to QuantActions is true, correct and complete.
By submitting such information, Customer grants QuantActions the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
QuantActions reserves the right to refuse or cancel Customer’s order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in Customer’s order, suspected fraud or an unauthorised or illegal transaction, or other reasons.

Availability, Errors and Inaccuracies

QuantActions is constantly updating QuantActions’ offerings of products and services on the Service. The products or services available on QuantActions’ Service may be mispriced, described inaccurately, or unavailable, and QuantActions may experience delays in updating information on the Service and in QuantActions’ advertising on other web sites. QuantActions cannot and does not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. QuantActions reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Accounts, Participation ID (end user activation codes)

When Customer creates an account with us, Customer must provide QuantActions information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Customer’s account on QuantActions’ Service.
Customer is responsible for safe guarding any passwords that Customer may use to access the Service and for any activities or actions under Customer’s password, whether Customer’s password is with QuantActions’ Service or a third-party service.
Customer agrees not to disclose Customer’s password to any third party. Customer must notify QuantActions immediately upon becoming aware of any breach of security or unauthorized use of Customer’s account.
Participation IDs (end user activation codes) can only be used for ONE individual. Reusing it is prohibited.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of QuantActions and its licensors. The Service is protected by copyright, trademark, patent and other laws of both Switzerland and foreign countries. QuantActions’ trademarks, trade dress and other intellectual property may not be used in connection with any product or service without the prior written consent of QuantActions.

Non-commercial/Academic licenses

Non-commercial/academic license holders must publish or release the tap data to academic repositories within 5 years of the end of data collection. Permission to extend this period may be granted on reasonable request. Failure to comply with this article allows QuantActions to release the tap data to the academic community.
Access to raw data, and processing of raw data, is strictly restricted to non-commercial/academic customers processing these data for the purpose of non-profit, non-commercial academic research only. It is the responsibility of the customer to restrict raw data access to only the individuals holding a QuantActions account, and only for the study in which these raw data have been collected. It is not permitted to share any raw data with any individuals not directly involved with the study, whether such individuals are within the same institution or with another entity. Raw data may not be disclosed to any other entity.
If a non-commercial/academic license holder needs to exchange raw data with any other entity, written permission must be obtained in advance from QuantActions. Such permission requires the conclusion of a data sharing agreement that clearly documents what data are being shared, why the data are being shared, and how the data may be used. At its sole discretion, QuantActions may impose additional charges for concluding such agreements.

QuantActions’ Service may contain links to third-party web sites or services that are not owned or controlled by QuantActions.
QuantActions has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. Customer further acknowledges and agrees that QuantActions shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

Termination

QuantActions may terminate or suspend Customer’s account immediately, without prior notice or liability, if Customer breaches the Terms.Upon termination, Customer’s right to use the Service will immediately cease.

Limitation of Liability

In no event shall QuantActions, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) Customer’s access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii)any content obtained from the Service; and (iv) unauthorized access, use or alteration of Customer’s transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not QuantActions have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Customer’s use of the Service is at Customer’s sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. QuantActions, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet Customer’s requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions.
Failure of QuantActions to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between QuantActions regarding QuantActions’ Service, and supersede and replace any prior agreements QuantActions might have between QuantActions regarding the Service.

Changes

QuantActions reserves the right, at QuantActions’ sole discretion, to modify or replace these Terms at any time. If a revision is material QuantActions will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at QuantActions’ sole discretion. By continuing to access or use QuantActions’ Service after those revisions become effective, Customer agrees to be bound by the revised terms.