If you would like more information or have any questions about QTX Collection, send us a note and we will get back to you within 48 hours.
[name of company] operates QTX and the services you can access on this website (the "Site). This page explains what happens to any personal data you provide to us, or that we collect from you, whilst you visit our Site.
Information: What We Collect
In running and maintaining our Site we may collect and process the following information about you:
Information that you voluntarily provide when you access our services or make a purchase including your name, address, telephone number, email address and credit card details ("Personal Information.")
Information about your use of our site including:
details of your visits, such as the time of your visits, pages viewed and the time spent on those pages
the resources that you access
your computer's Internet Protocol (IP) address
your operating system and browser type
other traffic and location data.
This is statistical data ("Log Data") about your browsing actions. It does not identify you individually.
Information that you provide when you communicate with us by any means.
Details of transactions you carry out through our Site and the fulfilment of your orders.
Information: How We Use It
We use the information that we collect from you:
To provide our services to you.
To personalise your experience
To improve our Site and our services
To provide information that you request from us relating to our products or services.
To process transactions
To send periodic information about our products or services, such as information and updates pertaining to your order, occasional company news, related product or service information, etc.
To perform our obligations arising under any contract we enter into with you.
Cookies are data files that provide information regarding the computer used by a visitor to the Site. Where used, cookies are downloaded to your computer and stored on your computer’s hard drive. Cookies contain statistical information. The information will not identify you personally or your personal data whatsoever.
We may gather information about your general Internet use by using the cookie.
Storage and Security
We are committed to keeping your Personal Information safe and secure. However, no method of transmitting data over the Internet, or storing data electronically, is completely secure. When you send us information electronically, you do so at your own risk.
We shall use commercially reasonably endeavours to protect your Personal Information, but we cannot guarantee its 100% security.
Where we have given you (or you have chosen) a password which enables you to access certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Disclosing Your Information
We may pass your information to third parties who help us operate our Site or provide our services. We shall ask those parties to keep your Personal Information confidential.
We may disclose your Personal Information to a potential buyer and their advisers in the event that we sell our assets or our business.
We may disclose your Personal Information where we are legally required by law to do so or to reduce the risk of fraud.
We may provide Log Data to other parties for marketing, advertising, or other uses at our entire discretion.
This policy was last modified in April 2015.
Welcome to the QTX portal. By accessing or using the QTX Portal, the QTX website and the data within them (together the “Site”), you agree to be bound by the terms and conditions contained in this document.
If you do not agree to all of these terms and conditions, do not access the Site.
You warrant that you are 18 or over, legally able to enter into this contract and are authorized to access the QTX Portal by an organization which has subscribed to the Services.
We reserve the right to change or revise these terms and conditions at any time. We may require you to accept the revised terms and conditions by clicking on the appropriate box. We may suspend your use of the Services until you do so.
The following definitions apply to these terms and conditions:
Assessment Visits: "mystery shopping" visits made by us (or, if you require and we agree, by a person nominated by you) to a place of business that you own or manage and nominate to receive our assessment visits, of the type and number specified in the product plan that you select, for the purpose of inspecting and auditing the quality of the services you deliver to your customers
Data: any information, text, data, statistics, graphics, report, toolkits or content which can be viewed or accessed via the Site
Fee: the fee payable by you stated on our Site which you have selected for the Services
Period: the period from the start date specified in Clause 2.6 to the date that your product plan expires or this agreement is terminated in accordance with any of its terms
QTX Portal: Our web-based platform that enables access to our Data
Services: (a) Assessment Visits and (b) access provided by us to the QTX Portal to allow you to access and use the Data in accordance with these terms and conditions
we, us, or our: [name of owning/operating company]
you, your or the customer: the individual, company, organisation or entity entering into this agreement with us by paying (or agreeing to pay) the Fee.
2.1 If you sign up to the relevant plan according to the instructions on the Site, we grant you a non-exclusive, non- transferable licence to use the QTX Portal to access the Data for the Period.
2.2 You may use the Data solely for your own purposes or in the course of your business dealings with your clients and/or third party agencies or consultants with whom you are working.
2.3 You shall not use, analyse, copy, share, distribute, transfer or sell the Data to or on behalf of any third party. You shall indemnify us for any breach of this condition.
2.5 You shall take all reasonable steps to prevent any unauthorised access to, or use of, the Services and promptly notify us if any such unauthorised access or use occurs.
2.6 The Services and the licence granted above:
commence on the date you select one of our individual product plans on our Site and pay the Fee
terminate at the end of the Period.
3. Fees and Payment
3.1 You shall pay the Fee:
By Paypal, credit card or debit card through a secure system in accordance with the instructions given on the Site; or
At our discretion, by invoice sent to the billing address you give us during the purchase process in accordance with the payment terms specified on the invoice.
3.2 In addition to the Fee you shall pay Government taxes where applicable.
3.3 All amounts and Fees shall be non-cancellable and non-refundable.
3.4 We reserve the right to increase the Fee applicable at any time and any new Fee shall be applicable from the start of the next billing cycle after we have made such increase.
3.5 If you downgrade your plan we will bill you at the lower amount at the next billing cycle. You shall not be entitled to any refund.
3.6 If you upgrade your plan we will charge you immediately for your new plan and your billing cycle start date will be reset to the day that you upgrade your plan. A prorated credit will be created to reimburse you for your current product.
3.7 If you cancel your plan you will no longer be entitled to use the Services. You shall not be entitled to any refund.
4: Our Rights and Obligations
4.1 If you sign up to the relevant plan according to the instructions on the Site and pay the Fee:
We shall carry out the Assessment Visits with reasonable skill, care and ability and in accordance with current good practice. Any specific performance criteria shall be agreed before commencement of fieldwork.
We may perform the Assessment Visits on any day and at any time that we choose within any time limits we agree with you or as otherwise specified in our Services.
We shall use commercially reasonable endeavours to make access to the Data continuously available 24 hours a day, seven days a week. However, we reserve the right to suspend the Services during any periods of maintenance.
We shall use reasonable endeavours to respond to your customer support requests within 72 hours of receiving any such request from you.
4.2 Data is provided to you as is. We do not warrant its quality or suitability.
5: Your Obligations
5.1 You shall allow us full and unencumbered access onto the property we are inspecting for the purpose of carrying out an Assessment Visit and to your employees and staff. This obligation only extends to those parts of your property that customers are usually permitted to visit and access.
5.2 Except where otherwise agreed you shall reimburse us for any expenses necessarily incurred by us in the performance of the Assessment Visit. We shall if requested submit receipts to support each claim for expense.
5.3 You shall provide us with all necessary co-operation in relation to this agreement and all necessary access to your premises and such information as may be required by us in order to provide the Services.
5.4 You shall keep your password and other security information secure and not disclose these details to any third party. When asked to do so you shall change your password(s) in line with any instructions from us.
5.5 You must not:
misuse the Site or the Services by knowingly introducing, accessing, storing or distributing any viruses, trojans, worms, logic bombs or other materials which are malicious, technologically harmful, defamatory and infringing or facilitates any illegal activity.
attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site and/or the Services.
attack our Site via a denial-of-service attack or a distributed denial-of service attack
reverse engineer or access the Services in order to build a competitive product or service, build a product using similar ideas, features, functions or graphics or copy any ideas, features, functions or graphics of the Services.
5.6 You shall indemnify us and keep us indemnified on demand and hold harmless us and our directors, employees, agents, and partners (“Indemnified Parties”) from and against any and all losses, demands, claims, damages, costs and/or expenses (including, without limitation, indirect or consequential losses and loss of profit, reasonable legal and other professional costs) and liability suffered or incurred, directly or indirectly by any of the Indemnified Parties arising out of any breach, non-performance or non-observance of any of the agreements, obligations, warranties, representations and undertakings on the part of the customer. This clause shall continue to have full force and effect notwithstanding any suspension or termination of this agreement. The indemnity contained above is without prejudice to and in addition to any warranties, indemnities, remedies or other rights provided by law and/or statute and/or any other provision of this agreement for the benefit of any of the Indemnified Parties.
6: Events outside our control
We shall not be liable or responsible for any failure to perform or delay in performance of the any of our obligations under this agreement that is caused by events outside of our reasonable control, including without limitation, Acts of God, flood, earthquake, windstorm or other natural disaster, any labour dispute (including but not limited to strikes, industrial action or lockouts), terrorist attack, failure of a utility service or telecommunications network, malicious damage, compliance with any governmental order, rule, regulation or direction, fire, flood or default of suppliers or sub-contractors (“Force Majeure Event”). Our obligations under this agreement will be suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. In the event the Force Majeure Event continues for a period of 30 days, we have the right to terminate this agreement upon written notice to you.
7.1 Save as required by law neither you nor we shall use or disclose to any person any confidential information about the business or affairs of the other party or any of its business contacts, or about any other confidential matters which may come to its knowledge in the course of performing its obligations under this agreement
7.2 On any termination of this agreement for any reason or expiry of the term each party shall as soon as reasonably practicable return or destroy (as directed in writing by the other party) all Data, information, security information, software and other materials provided to it by the other party in connection with this agreement including all materials containing or based on the other party’s confidential information.
7.3 This clause 7 shall survive termination of this agreement, however arising.
8. Intellectual Property Rights and Content
8.1 The Site is owned by us. Unless otherwise stated, all content on or extracted via this Site, including without limitation any Data, is owned by us.
8.2 The content of this Site, QTX Portal and Data are protected by intellectual property rights including without limitation, copyright, moral rights, trade marks or trade names (whether registered or unregistered), database rights, patents and trade secrets. We are the owner or the licensee of all such intellectual property rights.
8.3 You acknowledge that you shall have no rights in or to the Data other than the right to use it in accordance with the express terms of this agreement.
9. Disclaimer and Liability
9.1 Clause 9 sets out our entire financial liability (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you in respect of:
any breach of these conditions;
any use made by you of the Services; and
any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement.
9.2 We will not be liable if for any reason our Site, QTX Portal, Data or the Services are unavailable at any time or for any period.
9.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or the Services.
9.4 We shall have no liability whatsoever to you as a result of any action, claim, loss, damages or expenses, direct or consequential, suffered by you due to your reliance on or use of the Assessment Visits, Data or other information obtained via our Site. You are solely responsible for any decisions you may take or decide not to take arising out of or in connection with the Services and any Data, and/or for results obtained from the use of the Services and the Data, and for conclusions drawn from such use.
9.5 Except as expressly and specifically provided in this agreement, all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement.
9.6 Nothing in this agreement excludes or limits our liability for:
death or personal injury caused by our negligence; or
fraud or fraudulent misrepresentation; or
any liability which cannot be excluded or limited under applicable law.
9.7 Subject to the above clauses:
we shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this agreement; and
our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to total Fee paid during the 12 months immediately preceding the date on which the claim arose.
10. Personal Data
10.2 You warrant that you are entitled to transfer the relevant personal data to us so that we may lawfully use, process and transfer the personal data in accordance with this agreement on your behalf.
10.3 You shall indemnify us for any cost, claim or expense arising as a result of the customer breaching any data protection requirements or causing us to be in breach of any such data protection requirements.
11.1 This agreement can be terminated by you cancelling your subscription and account by email to our support team: firstname.lastname@example.org or by submitting a support query through the QTX Portal.
11.2 Termination will take effect immediately upon your cancellation. You will not be entitled to any refund. You will lose the ability to access the QTX Portal and download Data immediately.
11.3 We may terminate or cancel this agreement unilaterally on immediate notice in the event:
your card details are declined for any reason or you fail to pay any amount due under this agreement on the due date for payment; or
you commit a breach of any of the material terms of this agreement and (if such a breach is remediable) fail to remedy that breach within 15 days of us notifying you in writing of the breach; or
you become insolvent, bankrupt or are unable to pay your debts.
12.1 We are entitled in our sole and absolute discretion to change these terms and conditions from time to time. Changes will be posted on our Site. By accessing our Site, and using the Services, you agree that you are subject to the terms and conditions in force at that time.
12.2 If any provision of this agreement (or part of any provision) is found by any court or other authority of competent territory to be invalid, unenforceable or illegal, the other provisions shall remain in force.
12.3 Unless specifically provided otherwise, rights arising under this agreement are cumulative and do not exclude rights provided by law.
12.4 Failure by us to exercise or enforce any right in relation to terms and conditions of this agreement shall not be deemed to be a waiver of that right.
12.5 You shall not, without our prior written consent assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under this agreement.
12.6 We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights or obligations under this agreement.
12.7 No person other than a party to this agreement shall have any rights to enforce any term of this agreement. The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this agreement is not subject to the consent of any person that is not a party to this agreement.
12.8 The agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) (“Disputes”) shall be governed by and construed in accordance with the laws of Thailand. The parties agree that they shall first attempt to settle any Disputes by negotiating in good faith between them and shall only commence litigious court based legal proceedings following the failure of any negotiations and an attempt to mediate a settlement.
12.9 These terms and conditions constitute the whole agreement between the parties and supersedes any previous arrangement, understanding or agreement between them relating to the subject matter of this agreement. Each party acknowledges that, in entering into this agreement, it does not rely on any statement, representation, assurance or warranty of any person other than as expressly set out in this agreement. Nothing in this clause shall limit or exclude any liability for fraud.
13. Legal Information
The Site and QTX portal operated by Xin Performance Limited. We are registered in Hong Kong under company number 58446258-000-05-11-8 and have our registered office at B3 Repulse Bay Towers, 119A Repulse Bay Road, Hong Kong
You can contact us in a number of ways:
You can email us at email@example.com
You can telephone on +852 90989389
You can write to us at
B3 Repulse Bay Towers, 119A Repulse Bay Road, Hong Kong