(1) Scope
1. These General Terms and Conditions (Conditions of use) regulate the contractual
relationship between Questico GB Limited, a company registered in England and Wales (number
6215270), whose address for correspondence is PO BOX 2654, Bristol, BS4 9BG, England (hereinafter
referred to as Questico) and the users of Questico services. Users can fall into two categories,
those giving advice (advisors) and those seeking advice (customers). Questico provides its services
exclusively on the basis of these Terms and Conditions. These terms and conditions shall
incorporate such other documents as Questico shall prescribe, including the House Rules. Questico
is entitled to modify the General Terms and Conditions at its sole discretion without notice to the
user and your further use of the service constitutes your acceptance to such modifications.
2. Before this contractual relationship is created, any interested party has the
opportunity to make a free call to find out information about the Questico services. This will not
result in the creation of a contractual relationship based on these Terms and Conditions. It is
only when the interested party wishes to use chargeable Questico services that a contractual
relationship is created in accordance with these terms and conditions.
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(2) Object of the contract
1. The object is the use of an exchange platform for the distribution of
information. Using the platform, users can give or receive information on various subject areas.
Questico exclusively provides a platform for the presentation of advisors and enables an exchange
of contact details and information between an advisor and a customer, for example, on the phone, by
e-mail or other means of communication. Questico cannot be held responsible for the accuracy or
quality of the information provided by advisors. The company has no knowledge of the content of the
information provided and does not check it for accuracy. The rating of the competence of the
advisors is at the discretion of the users of the Questico services themselves and Questico accepts
no responsibility for the nature of the ratings.
2. The advisory relationship exists only between the advisor and the customer. All
rights and obligations arising from information provided are valid between the customer and advisor
exclusively. Questico does not check the identity and legal capacity of users or the nature of the
information provided.
3. Information is neither suitable nor intended to replace professional advice from
members of the relevant occupational group. In particular, information of a medical, psychological,
psychiatric, legal, fiscal, financial or commercial character should only be taken to be
non-binding information. Actions based on advice from a piece of information provided by an advisor
do not lie within the advisor's responsibility. In this respect, each customer proceeds at their
own risk.
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(3) Questico services
1. The object of Questico services is the provision of an exchange platform and the
exchange of contacts between customers and advisors via various communications media. Users do not
have a specific right to use the platform and a user's registration and continued use of the
services is at Questico's sole discretion.
2. As a rule, customers can submit ratings for the advisors, though Questico
reserves editing rights on the processing and nature of them. Ratings can also be retrieved by
unregistered users at www.questico.co.uk.
3. Questico may at its sole discretion extend or modify the selection of subject
areas made available, in order to improve them or to adapt them to technical developments. Questico
provides the range of exchange services within the context of the existing technical and
operational possibilities. Due to ongoing maintenance and further development, the usage options
and availability of the website and the services may temporarily be restricted or interrupted.
Questico accepts no liability for any losses, direct or indirect, arising from such unavailability
of the website for any reason whatsoever.
4. The provision of information is chargeable to customers. The final price
comprises connection charges and information fees. The fees stated are to be understood as final
prices. Questico sets the connection charges and will modify them if required. Questico accepts no
liability for the setting up, maintenance and technical quality of communication. There is no
specific right for information exchange and Questico makes no representation of any nature as to
the availability of any information, the website or the services.
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(4) Rules for all users
1. Use of the service is not permitted if a user is under 18 years of age. Each user
must provide a full and truthful statement of their personal details and may only be registered
once. Multiple registrations are not allowed. Advisors may only advise under one, personal
registration. Any infringement of this rule will lead to immediate exclusion from the platform
without notice to the user. If an advisor belongs to an advisor group, the exclusion will cover all
members in this advisor group.
2. Users should protect their log on information, in particular their personal
identification number (PIN) and password, from being used by third parties, and inform Questico
immediately by letter or e-mail if there is any suspicion of the unauthorised acquisition of this
log on information.
3. Each user should, as far as possible, generate ratings for the information and
report any unacceptable content in, or defects or damage to the service by e-mail to
complaints@questico.co.uk or by letter to the
correspondence address, and should report information which contravenes any of these General Terms
and Conditions and in particular any content in breach of point (4) 4.
4. The service may only be used in accordance with English law and under observance
of the Questico house rules, which are hereby deemed incorporated into these terms and conditions.
The house rules can be requested by letter or e-mail from
rules@questico.co.uk and can be retrieved at
"House rules" On the
website. The user must not provide any information, make enquiries or submit ratings which violate
the rights of third parties, contain materials damaging to minors or are of an extreme right-wing
or other extreme political nature, are defamatory, violate applicable laws, or are deceptive,
insulting, pornographic, violence-glorifying, offensive or breach the rights (including, without
limitation, intellectual property rights) or any third party.
5. The distribution of viruses, Trojan horses or other malware via any Questico
service is prohibited. Use is not permitted if there is any reason to suspect that damage may be
caused by telecommunications systems or other technical installations. Any data volume limitations
are to be strictly observed.
6. Users are not permitted to advertise for premium rate services (0906 numbers) or
other providers via the Questico platform, neither may they entice Questico customers or advisors
away to other premium rate services (0906 numbers) or other providers of similar servics. For a
first infringement by an advisor of this rule, the advisor will be obliged to pay flat rate
compensation to Questico of 50% of their earnings from the past 30 days; for infringement of this
rule by a customer, the customer will pay liquidated damages of £500 (Pounds sterling). For a
second infringement of this rule by an advisor the advisor will be obliged to pay 100% of their
earnings awaiting payment as damages for such infringement; for a second infringement by a
customer, the customer will pay £1000 (pounds sterling) to Questico. Questico is also
entitled to impose a permanent exclusion from the platform on any users in its absolute discretion.
Customers and advisors may provide Questico with evidence in an attempt to justify a lower amount
of damages; Questico reserves the right to provide evidence to justify a higher amount of damages.
Questico?s reasonable decision shall be final and binding.
7. Users are not permitted to use the Questico service for advertising purposes or
entering into contracts which extend beyond information calls.
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(5) Additional rules for advisors (advising users)
1. Each advisor must register separately with a truthful and complete description of
all selection criteria and advise any modifications to Questico immediately. Questico will present
advisors in a suitable manner and, at the request of customers, will establish contact via phone to
a British telephone number.
2. Advisors are obliged to provide information to the best of their knowledge and
belief, to clearly state any doubt with regard to the accuracy of their information as well as not
to respond to questions where there is an inability to provide information. The advisor shall
comply with all applicable laws, particularly professional regulations, the industrial code,
competition law, regulations under criminal law as well as these General Terms and Conditions.
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(6) Questico's liability
Questico accepts no responsibility for information arising from calls placed. In
particular, Questico is not liable for damage arising which results from actions taken in response
to any information of any nature provided by the services or by advisors,. There are no guaranteed
minimum levels of sales. Questico accepts no liability for any loss of sales or service due to the
lack of availability of the platform or technical equipment or facilities. Furthermore, Questico
accepts no liability for any direct or indirect loss or damage arising from the user's use of the
platform. Nothing shall exclude Questico's liability for death or personal injury caused by
negligence. Questico accepts liability for negligent breaches of duty of its own, or negligent
breaches of duty on the part of a legal representative or vicarious agents of Questico.
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(7) Users' liability
1. The user is liable for any wrongful use of the services or violations of these
General Terms and Conditions or contractual obligations. The user must also pay any fees arising
from co-users or unauthorised use, of the user's log on information.
2. The user releases and fully and effectively indemnifies Questico against all
claims and costs which third parties may assert due to the wrongful behaviour of the user on
account of any infringement of their rights within the context of this contract. The user shall
bear any and all legal defence costs arising therefrom. At the request of Questico, the user must
enable Questico to defend itself against claims from third parties at the expense of the user.
Users will pay any sums due to Questico under this rule immediately on Questico's demand.
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(8) Usage invoicing
1. Telephone & Chat advice: the prices stated are prices per minute and include
the relevant sales taxes or VAT as applicable. Invoicing is in increments of 60 seconds. Usage fees
become due when the call has finished and are automatically collected by Questico.
2. Chargeable e-mail: the prices stated include the relevant sales taxes or VAT as
applicable. The advisor and customer agree the level themselves. By opening the e-mail, the
customer acknowledges their obligation to pay and entitles Questico to collect the amount.
3. To allow collection, the customer must provide a valid credit or debit card
number. The customer shall bear any charge back costs, to the extent that the customer is at fault
for such charge backs. The collection of payment from the customer is undertakten by Questico on
behalf of the advisor and added to the advisor?s account.
4. The free call to obtain services can be used within the period specified in the
offer. If no period is specified, they can be used for 1 month.
5. Bonuses for customers will be paid to the user account by standing credit.
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(9) Advisors' remuneration
1. Fees payable by customers are collected solely by Questico on behalf of the
advisor and the advisor shall have no involvement in the collection process. Questico forwards
information fees to the advisors and retains a charge for the use of the platform and the other
technical installations provided (Questico charge). The Questico charge is set by Questico as a %
of the information fee. Questico sets the additional connection charge to be paid by the customer.
If necessary, Questico may modify the Questico charge and connection chargeat its sole discretion.
Advisors can set their charge for services themselves up to a maximum £ 2 per minute. Call minutes
form the basis of invoicing which Questico determines from its invoicing system. Invoicing is in
increments of 60 seconds.
2. Unless otherwise agreed and subject to the requirements of any applicable law,
Questico will prepare a statement online in the form of a statement for the advisor at the end of
the month, and credit the calculated outstanding amounts within 30 working days. A payment will
only be made above a minimum payment amount of £ 15.00. Below this, the credit will be retained
without interest up to the end of a month when the minimum payment amount has been reached. Non
payable credit lapses after six months, to the extent that the contract is not terminated
beforehand. Questico is entitled to set-off all uncontested or legally established claims against
any amounts due from Questico to the advisor.
3. In the event of justified complaints, Questico will reimburse customers the fees
paid for information for a maximum call duration of 15 minutes. Such fees shall be deducted from
the advisor's account and shown on the statement referred to at point 2 above. Questico will decide
in accordance with objective viewpoints at its own discretion whether a justifiable complaint
exists. Complaints must be made either by letter or e-mail to
complaints@questico.co.uk. Users fully and
effectively indemnify Questico in respect of all liabilities damages, claims, actions, expenses,
demands or costs incurred by Questico due to a user's misuse of the website or the services
provided through it or infringement of any third party's intellectual property rights or any breach
by a user of these terems and conditions.
4. Any matters relating to tax and deductions are the sole concern of the
advisor.
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(10) Rights of use
The user grants to Questico, a non-exclusive, perpetual, worldwide and royalty-free
licence, to use, reproduce and disseminate, present, transmit via fixed lines or by wireless means
and process, within the context of this contract, material or content surrendered to Questico, such
as advertising material and logos used to fulfil this contract, in all manners and without further
approval. The user waives and shall procure that any third party shall waive all moral rights (as
defined in the Copyright Designs and Patents Act 1988) to the extent permitted, in such material or
content. Questico may grant licences to third parties without the consent of the user, or transfer,
partially or entirely, to third parties. In this case, the user has the right of termination.
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(11) Data protection
Questico observes applicable data protection law. To the extent that Questico serves
third parties in the performance of services, Questico is entitled, in the context of applicable
law, to pass on member data if user interests worthy of protection are not adversely affected, and
this is necessary for carrying out the contingent tasks. In particular, Questico is entitled to
pass on the customer's inventory data to the extent that this is necessary for the purposes of
assignment or collection of claims. Questico is entitled to pass on the user's inventory data to a
credit service agency responsible for the user's domicile, in order to check the user's
creditworthiness and to collect information for this purpose. Furthermore, Questico is entitled to
pass on the user's inventory data, plus information about legal or other processes entered into, or
comparisons, relating to the creditworthiness of the member, to the extent that this is necessary
to acknowledge justified interests on the part of Questico and does not thereby infringe the
customer's interests worthy of protection.
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(12) Termination/cancellation
1. The contract runs for an indefinite period and can be cancelled by the user at
any time with notice. Notice of cancellation must be given by letter or e-mail to
cancellation@questico.co.uk.
2. Questico can cancel the contract at a week's notice. In the event of wrongful use
of the services, in particular in the case of violations of point 4 (obligations of the user) or in
the event of a justified suspicion, users can be excluded from service usage or the user's data can
be blocked or deleted immediately without notice. The right of summary cancellation, in particular
on account of the reasons stated in Clause 2, remains unaffected.
3. Remaining credit will be paid to the user by Questico on termination of the
contract after cancellation costs have been deducted. Payment will be made by a transfer to a
British Bank Account, alternatively by settlement cheque by standard post at the expense and risk
of the user.
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(13) Final provisions
This contract is governed exclusively by English law, and the parties hereby
irrevocably submit to the jurisdiction of the English Courts in relation to any dispute.
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