QCheck – Terms & Conditions

Introduction:

Welcome to our application. These are the Terms and Conditions governing your access to and use of the Qcheck web application (“Qcheck Service”) that allows you to manage multiple aspects of your restaurant bills including but not limited to making payments, splitting bills, and adding tips by scanning a single QR code..

In order to avail of the Qcheck Service, you must consent to the Terms and Conditions and the Privacy Policy (together hereinafter referred to as the “Agreement”) If you do not agree to any of the terms outlined in the Agreement, do not use the Qcheck Service.

If you use the Qcheck Service as an individual, the term “You” in this Agreement will apply to you. However, if you use Qcheck Service on behalf of a corporate body, association, partnership, or as an employee, agent, or contractor, the term “You” in this Agreement will refer to that entity or organization.
If you use the Qcheck Service on behalf of a corporate entity, association, partnership, or as an employee, agent, or contractor you hereby represent and warrant that you have the authority to bind that corporate entity.

By clicking “I agree”, you give your consent to the Agreement which is legally binding between you and Monty including any of its affiliates.

Terms and Conditions:

1. Authorized Use
   1. You must use the Qcheck Service for lawful and legitimate purposes that align with the outlined Agreement. Any use of the Qcheck Service for unauthorized or illegal activities is explicitly prohibited.
   2. You must not use the Qcheck Service in any way that would damage or impair it, including introducing any viruses, malware, or similar items. You must also follow any instructions regarding the use of the Qcheck Service as notified by Monty from time to time.
   3. Any breach by you of any undertaking, warranty, or representation provided herein may entitle Monty to immediately terminate or limit/suspend your ability to use the Qcheck Service and claim contractual and other damages resulting from such a breach.
   4. Monty reserves the right to block, suspend, or cancel your access to and use of the Qcheck Service immediately if you are blacklisted or sanctioned by any competent local or international authority or if your name appears on any sanctions list.
2. Intellectual Property
   1. The trademarks of Monty (the “Trademarks”), as well as all related logos, products, and services mentioned on the Qcheck Service, are the property of Monty.
   2. You are not allowed to copy, modify, imitate, or use the Trademarks without obtaining our prior written consent. Furthermore, all page headers, button icons, custom graphics, and scripts are trademarks, service marks, and/or trade dress of Monty, which you are not authorized to copy, modify, imitate, or use without our prior written consent.
   3. Provided that you comply with this Agreement, including payment of all applicable fees if applicable, we hereby grant you a limited, non-exclusive, non-transferable, and personal license to access and use the Qcheck Service, along with any related materials such as updates, bug fixes, and help content, that we provide to you during the term of this Agreement.
3. Confidentiality
   1. You agree to maintain the confidentiality of any information obtained through your use of the Qcheck Service, including personal, financial, and proprietary information, and refrain from disclosing such information to third parties. You shall use the information solely for the intended purpose and abide by all applicable privacy laws outlined in this Agreement.
   2. Breach of confidentiality may result in legal remedies.
   3. This confidentiality obligation persists beyond termination of the Agreement.
4. QCheck Service Availability
   1. Monty strives for reliable and uninterrupted service. However, it is explicitly mentioned that continuous availability or functionality of the Qcheck Service cannot be guaranteed. Temporary interruptions or disruptions may occur due to maintenance, upgrades, or unforeseen circumstances.
5. Termination
   1. We reserve the right to terminate the Agreement with you at our sole discretion, with or without cause, by providing you with a written notice. Upon termination, you must cease all access and use of the Qcheck Service. We may also suspend or terminate access to certain features or Qcheck Service without prior notice for violations of the terms of the Agreement or for any other reason deemed necessary by us.
   2. Any provisions of the Agreement that by their nature should survive termination, including but not limited to confidentiality obligations, intellectual property rights, and limitations of liability, shall continue to apply even after termination.
   3. The termination of the agreement does not relieve you of any obligations incurred prior to termination.
6. Limitation of Liability
   1. Monty’s liability is restricted to granting you access to the Qcheck Service according to this Agreement. Monty does not guarantee continuous, uninterrupted, or secure access to the Qcheck Service. Using the QCheck Service is entirely at your own risk.
   2. You acknowledge that you will be solely responsible for any legal liability arising out of or relating to the QCheck Services (whether transmitted on your own or on any Third Party’s behalf).
   3. Subject to any express provision to the contrary in the Agreement, we will not in any circumstances be liable to you in contract, tort negligence or otherwise for any economic loss (including but not limited to, any loss or profit, business, contracts, revenue, turnover or anticipated savings) or for any indirect or consequential losses, whether or not they were foreseen or foreseeable.
7. Indemnification
   1. You agree to indemnify and hold Monty, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates harmless from any demand, loss, liability, claim or expense (including attorney’s fees) made against Monty by any third party due to, arising out of or in connection with your use of the Qcheck Service.
8. Breaches to the Terms and Conditions
   1. Any action that violates the Agreement entitles us, depending on the severity of the breach, to suspend your access to the Qcheck Service, block Your IP address, or file a lawsuit against you in court.
9. Links To Other Web Sites
   1. The Qcheck Service may contain links to third-party websites or services that are not owned or controlled by Monty. You understand that Monty does not have control over these external websites and assumes no responsibility for their content, privacy policies, or practices.
10. No warranty
    1. The Qcheck Service is provided “as is,” with all faults, and Monty makes no express or implied representations or warranties, of any kind related to the Qcheck Service or the materials contained on the Qcheck Service. Additionally, nothing contained on the Qcheck Service shall be construed as providing consult or advice to you.
    2. To the fullest extent permitted by applicable laws, we disclaim all representations, warranties, and conditions relating to the Qcheck Service and its use.
11. Relationship of the Parties
    1. Monty and You are independent contractors, and nothing contained herein shall be construed to create a partnership, joint venture, agency, or employment relationship between Monty and You.
12. Waiver
    1. If Monty fails or delays to exercise or enforce any right or provision under this Agreement or any applicable law, it shall not be considered as a waiver of such provisions or rights.
13. Assignment
    1. Monty has the right to assign or transfer all or any of its rights, benefits, obligations, or liabilities under this Agreement at any time. You cannot assign or transfer all or any of your rights, benefits, obligations, or liabilities under this Agreement without obtaining Monty’s prior written consent.
14. Force Majeure
    1. Monty will not be held responsible for any delay or failure to fulfill its obligations under this Agreement caused by factors beyond its reasonable control.
15. Severability
    1. If any word or other provision of the terms of this Agreement is found to be unenforceable, illegal or invalid under any applicable law, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein which shall remain in full force and effect.
16. Notices
    1. Unless Monty specifies otherwise, all notices addressed to Monty must be sent to or any other address(es) designated by Monty at its sole discretion.
17. Entire Agreement
    1. This Agreement, including any legal notices and disclaimers contained, constitute the entire agreement between Monty and you in relation to your use of the Qcheck Service and, and supersede all prior agreements and understandings with respect to the same.
18. Changes
    1. We reserve the right to modify this Agreement at any time and without prior notice, at our sole discretion. If we make any modifications, we will either post them on our website or notify you of the changes. By continuing to access or use the Qcheck Service after the modifications, you indicate your agreement to be bound by the modified terms of the Agreement.
    2. If you do not agree to the modified terms of the Agreement, your only option is to stop using the Qcheck Service. We encourage you to periodically review our website to stay informed of any updates.
19. Dispute Resolution
    1. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Lebanon. In the event of any disagreements or disputes arising from this Agreement, the following procedure will be followed. Access to the Qcheck Service will be temporarily halted until a resolution is achieved, creating a period for both parties to engage in dispute resolution processes. This can include negotiation, mediation, or arbitration, with the goal of reaching a mutually acceptable solution. Access to the Service will be reinstated once the dispute has been successfully resolved.
20. Privacy
    1. Monty’s privacy policy applies to the use of the Qcheck Service, and its terms are made a part of this Agreement by this reference. To view Monty’s privacy policy, click here. Additionally, by using the Qcheck Service, you acknowledge and agree that internet transmissions are never completely private or secure.
21. Contact
    1. Questions, comments, and concerns regarding these terms are welcomed and should be addressed to: …..