Terms

The terms below together with our privacy policy make up our agreement with you as a member of our society and/or as a user of our services.

Company and contact

Qaracta is a membership society provided by Qaracta Limited, a company registered in England no. 05567873, with registered office at 2 St Mary’s Road, Tonbridge, TN9 2LB.

In this document, the ‘service’ refers to Qaracta the society, the Connect app (the ‘app’), the public website, and other elements of the offering to members and/or prospective members. When we refer to ‘Qaracta’, ‘we’, ‘us’, or ‘our’, we mean Qaracta Limited.

This document, our Terms of Service, and the Privacy Policy make up our agreement with you as a member or, in certain cases, prospective member of our society and as a user of our services. Please take time to review the contents of both documents.

If you have any questions about this document, or would like to exercise your statutory rights or make a complaint, please contact us in the first instance by email.

Membership

We Qaracta grant you limited rights to enjoy membership of the Qaracta society and its various features and benefits.

You agree:

– you will interact with members of Qaracta in a manner that reflects our Member Guide, which covers conduct online and at our events, and which you can find within the Qaracta Connect app;

– you will not copy, screenshot, or record members’ personal or other information, such as name, picture, posts, or comments, within the app, which is closed to public access and where content is intended only for current members of Qaracta;

– unless you have prior and explicit permission to do so from the individual(s) in question, you will not share in public forums outside Qaracta, including on public social media such as Facebook, Instagram, LinkedIn, or X, information that identifies members within the society;

– you will inform us if you change information, such as name, sex, or nationality, which was the basis of your identity verification with us, so that we may keep our records current and thereby provide you and other members with our service;

– we may terminate these terms, end your membership, and close your accounts with us, at any time and without notice if we believe you have breached these terms, including conduct that contravenes our Member Guide, compromised the safety or well-being of Qaracta members, or caused loss or are likely to cause loss to the society, and that we may at our discretion take this action without obligation to explain why said action was taken;

– we, in the event that you end your membership with us, or that we terminate your membership for any reason, may, as standard practice, delete from our systems your personal data and any other content, irrevocably and without incurring liability for any loss whatsoever;

– at our discretion we may retain your personal data, in the event that you end your membership or we terminate your membership, to safeguard the society and/or the well-being of our members, to comply with law enforcement measures or applicable legislation, and/or to prevent you from rejoining for whatever reason we may determine;

– we may share your personal information with law enforcement authorities when asked formally to do so;

– we may at our discretion terminate your membership if you rejoin after you have previously breached our terms.

By joining Qaracta, continuing your membership, using our Connect app, or attending our events, you accept these terms and conditions. If you do not accept these terms or in future change your mind, you may withdraw your application for membership or terminate your existing membership.

Qaracta Connect

The Qaracta Connect app is a mobile platform for members of Qaracta; we also have a browser version you can use from a laptop or other computer.

The app enables you as a member to access our content alongside social and interactive features. The app is provided by Disciple Media Limited, the ‘app provider’, company registered in the United Kingdom with registration number 08075740, on behalf of us, the ‘publisher’.

The app provider licenses use of the app to you on the basis of these terms and subject to any rules or policies applied by any app store provider, such as Apple or Google, or operator from whose platform you download the app (the ‘app store’).

The app provider does not sell the app to you. The app provider remains owner of the app at all times. The content provided by the publisher via the app is owned by and remains the responsibility of the publisher.

You must review and accept these terms before you can use the app. To use the app you must be 18 years or older.

Changes

The latest version of these terms is available on our public website. We may occasionally make changes to these terms. If we do, we will notify you by updating the date of this document and/or via the app. You must accept these changes in order to continue using the app. You should stop using the app if you disagree with any changes to the app or to these terms.

From time to time we may issue updates to the app via the app store. Depending on the update, you may not be able to use the app until you have downloaded the latest version of the app and reviewed and accepted any new terms.

Accessing app and content

You may access the app by downloading it from the app store and installing it on your device. Although the app provider works to ensure that the app is compatible across various devices, it cannot guarantee that the app will work with all devices.

Before downloading thew app, you should check the minimum requirements and specifications (including memory space and operating system) as set out in the app details on the applicable app store.

The app provider endeavours to support the two most recent versions of the operating systems available in the market. To download the app, you will need a valid app store account (as applicable to your device).

It is your responsibility to ensure that you comply with the relevant system requirements as described above. Neither the publisher nor the app provider accepts responsibility for any lack of functionality that is due to your equipment (including your device, internet connection, operating system, or settings and software).

Access to parts or all of the app and to any or all content on the app may be restricted from time to time to allow for repairs, maintenance, or updating.

It is your responsibility to pay for all costs and expenses (including all telephone call or line charges or internet service data access) that you may incur using the app.

Your use of the app and enjoyment of its features and content hosted or made available through the app may vary in functionality, availability, and quality depending on the device and operating system and any restrictions imposed by any content providers.

Your use of the app

In consideration of you complying with these terms, the app provider and publisher grant you a non-transferable, non-exclusive, revocable licence to use the app on your device(s) and to view the content contained on the app for your personal, non-commercial use, subject to and in accordance with these terms, the privacy policy, and the applicable app store rules, which are incorporated into these terms by reference.

You agree:

– you will not use the app for any illegal purpose or in any way that interrupts, damages, or impairs the service provided by the app;

– not to access or attempt to access the accounts of other users of the app;

– not to impersonate any person, or misrepresent your identity or affiliation with any person or organisation;

– you will not post or transmit through the app any content which is or could reasonably be viewed as:

a. hate speech, or obscene, harassing, threatening, pornographic, abusive, or defamatory to an individual or group of individuals on the basis of religious belief, race, gender, age, disability, or otherwise;

b. inciting violence, or containing nudity or graphic or gratuitous violence;

c. an unauthorised commercial communication of any kind (including, without limitation, spam);

d. fraudulent, inaccurate, misleading, or otherwise objectionable content of any kind;

e. infringing or violating someone else’s rights or otherwise in violation of the law;

f. identifying any person without their consent or disclosing anyone else’s personal contact details or invading their privacy; or

g. containing software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the app, or any computer software or hardware or telecommunications equipment.

– any content you post or upload to the app or otherwise make available via the app is owned by you and does not breach the requirements set out above;

– to refrain from doing anything which is defamatory, offensive, damaging, or which the publisher or app provider believes might damage the reputation of either, or that of the app, or of a provider of services accessed through the app;

– not to copy the app or any content on the app except where such copying is incidental to the normal non-commercial use of the app, or where it is necessary for the purpose of back-up or operational security;

– not to make alterations to, or modifications of, the whole or any part of the app or any content on the app, or permit the app or any part of it to be combined with, or become incorporated in, any other programs;

– not to infringe the intellectual property of the app provider or of the publisher or of other licensors or of content owners in relation to your use of the app or the products to which it affords access;

– you are solely responsible for your interactions with other users through the app;

– you will not collect other users’ content or information, or otherwise access the app, using automated means (such as harvesting bots, robots, spiders, or scraping techniques) or otherwise, without our prior written permission;

– any content you upload or post to the app (with the exception of private messages, which are confidential in nature) will be considered non-confidential and non-proprietary and that such content may be viewable by any users of the app;

– you will own your content, but you hereby grant to the publisher, our licensees, and any third parties and other users of the app (each as we determine) a perpetual, irrevocable, royalty-free, transferrable, sub-licensable, worldwide licence to use, store, and copy that content and to distribute it;

– that the above worldwide licence allows us to make your content available to third parties via any and all media, including, without limitation, the right for us to upload and make available and to authorise third parties to upload and make available such content on third party sites and services, including social media applications and the publisher’s own websites;

– that you waive any moral rights or equivalent rights in any jurisdiction in relation to any content that you upload or post to the app and that we can use such content without referencing you as the author of such work and that we can adapt and amend such content in our sole discretion;

– to compensate and defend us fully against any claims or legal proceedings brought against us by any person as a result of your breach of these terms;

– to keep your password secure at all times and not to disclose your password to any other person;

– not to allow any other person to use or access your account; and

– to comply with all laws applicable to you.

Termination

We may terminate these terms and close your account at any time without notice if we cease to provide the app.

In addition to our right to remove any content from the app, we reserve the right to suspend, restrict, or terminate your access to the app at any time without notice if we have reasonable grounds to believe you have breached any of these terms.

We also reserve the right to disable your account or restrict certain features at our reasonable discretion. Suspension, restriction, or termination of your access to the app will not limit our right to take any other action against you that we consider appropriate.

You may close your account and terminate your agreement with us at any time by emailing us; you may find our contact details on our public website and within the app.

Intellectual property

You acknowledge that the app, the content provided on the app and all copyrights, patents, trademarks, trade secrets, source code, object code, and other intellectual property associated therewith are, and shall remain, the property of the app providers, the publisher, or designated licensors. You are not granted any intellectual property rights in or to the app or the content on the app except as expressly set out in these terms.

You are not authorised to use the app provider’s or the publisher’s logos or trade marks or trade names (whether registered or unregistered) in any manner. You may only use the app for personal, non-commercial purposes.

The app provider also uses third-party software, full details of which can be found at the following locations, for Android and for iOS.

Licensing

The service and content provided through the app and the app itself are our property or the property of our licensors.

You are strictly only entitled to use the app, and consume content made available through the app, in accordance with these terms.

The app and any other software made available to you via the app are licensed (not sold) to you, meaning that we or our licensors continue to own all copies of the app and other software when it is installed on your device. We may freely assign these terms or any part of them, but you may not assign your rights under these terms, or any part of them, nor may you sub-license your rights under these terms, to any third party.

These terms do not grant you any rights to use any of the publisher’s, the app provider’s, or licensors’ intellectual property, such as trade marks, domain names, logos or other branded features, which belong to us and our licensors respectively.

User-generated content

We respect the intellectual property rights of others and expect users of the app to do the same. As part of the functionality of the app we may allow you and other users to upload, transmit, send content, data, ideas, communications and other materials to the app (“user-generated content”).

You represent and warrant that you own or control all rights in and to your user-generated content and have the right to grant the license granted above to us and our affiliates and our service providers, and each of their and our respective licensees, successors and assigns.

We are under no obligation to, and we do not, review such materials for the purposes of determining copyright infringement. Therefore, your reliance on user-generated content is at your own risk.

Because we have no control over user-generated content, you acknowledge and agree that we are not responsible for the accuracy or availability of user-generated content, and we neither endorse nor are responsible or liable for any user-generated content that appears on the app.

We shall have the right (but not the obligation) to delete, remove, monitor, or edit user-generated content and block links to the app through technological or other means without prior notice.

We also have the right to moderate user-generated content and user accounts based on the guidelines set out in the Member Guide within the app. We also reserve the right to terminate access to the app if we believe a user is posting infringing material or if a user has breached our guidelines.

If you are a rights holder and you believe that your copyright is being infringed by any material on the app, please contact us at your earliest convenience, citing:

– the material to which the complaint relates and which appears on the app, which is reasonably sufficient to permit us to locate the material; and

– proof that you are the rights holder and a statement that you are the rights holder or are an authorised representative.

Personal data

For information on how we and the Publisher (as Data Controller) use your personal data, please see the associated privacy policy.

Our legal obligations

Nothing in these terms excludes or limits liability for death or personal injury caused by negligence or fraud.

We are not responsible for:

– losses, damage, costs, or expenses not caused by our breach of these terms;

– the actions or omissions of the app provider, other licensors, or other entities or individuals introduced to you through the app;

– the actions or omissions of other users of the app;

– any indirect or consequential loss or damage which means a loss suffered by you which is a side effect of the main loss or damage and where we could not have anticipated that type of loss arising when you agreed to these terms; or

– any harm, loss, or damage suffered by you or anyone else if the app is interrupted, suspended, or otherwise not provided to you, or if we do not comply with these terms because of events beyond our control (for example, industrial disputes, technical difficulties, failure of or delays in communications networks, acts of terrorism, or power failure).

For any loss or damage suffered by you or anyone else that may arise from use of the app and which is not otherwise excluded under these terms, to the extent permitted by law our liability is limited to £100.

Disclaimer and technical limitations

We do not endorse or take any responsibility for statements, advertisements, or any content whatsoever transmitted through, or linked to from or via, the app by other users or third-party service providers. We are not responsible for any transaction you may enter into with a third party via the app and it is up to you to decide whether or not to do so.

The app and the service provided through it is provided without express or implied warranty or condition of any kind, on an “as-is” basis, subject to applicable law.

You agree that you must evaluate, and that you bear all risks associated with, the use of the app, including without limitation, any reliance on the accuracy, completeness, or usefulness of any materials available through the app.

We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

You acknowledge and accept that your access to the app is dependent on connectivity over communications networks and facilities that are outside of our operation and/or control and that your use of the app may be subject to limitations, delays, and other problems inherent in the use of such networks and facilities.

We disclaim all warranties with respect to the app including, but not limited to, the warranties of non-infringement and title. We give no warranty that your use of the app will be uninterrupted or error free, that the information obtained from the app will be accurate, complete, current, or reliable, that the quality of the app will be satisfactory to you, or that errors or defects will be corrected.

You acknowledge and accept that we are not responsible for any loss or damage of any kind that you may suffer as a result of any interruption or delay to your access to the app, or as a result of any failure or error in the transfer of data over those networks and facilities in connection with your use of the app.

Third-party sites or services

The app may include and link to features, websites, and services (including social applications such as Twitter, Facebook, Pinterest, YouTube, and Instagram) that are provided by a third party.

Neither the publisher nor the app provider controls such third-party sites or services and neither is responsible for the content of such sites or services. The inclusion of links does not imply any endorsement or association with their operators.

The terms applicable to use of any third-party service will apply. The publisher and app provider will not be responsible for anything that is done or not done by you or the third party service provider in connection with your use of their service.

We recommend that you check the applicable third-party service’s terms and conditions of use and sale before using such third-party service or purchasing any products or services.

Disputes

Unless otherwise required by applicable law, any disputes in connection with these terms will be governed by and interpreted in accordance with the laws of England and Wales, and the courts of England and Wales will have exclusive jurisdiction to hear any claims made in relation to these terms.

If the court in your country will not apply the laws of England and Wales, or if the courts in your country will not permit you to consent to the jurisdiction of the courts in England and Wales, then your local law and jurisdiction will apply to such disputes related to these terms.

Important legal terms

You may not transfer your rights or obligations under these terms to anyone else.

If you breach these terms and we take no action against you, or if we delay in doing so, that will not mean that we have waived our rights against you and we will still be entitled to enforce our rights and remedies against you in relation to that breach and to use our rights and remedies in any other situation where you breach these terms.

If any part of these terms is disallowed or found to be ineffective by any court or regulator, the remainder of the terms will continue to govern each of our respective obligations.

These terms are not intended to give rights to anyone except you, the publisher, and the app provider.

Except as otherwise expressly stated, these terms and privacy policy contain the entire agreement between the app provider, the publisher, and you relating to use of the app and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between the app provider, the publisher and you relating to use of the app.

About this document

Version

2.0

Date

7 September 2023

Qaracta Limited

2 St Mary’s Road
Tonbridge
TN9 2LB
England

Contact us with any questions or requests. We shall initially respond within three business days.