Last Updated: December 1, 2021
- Website https://www.qapitol.com and all associated pages linked to the same and owned by us, (“Website”),
- the tools and services accessible via the Website,
- The configuration and setup services offered by us and
- customer interface channels
All of the above are hereinafter collectively referred to as the “Services”
These Terms constitute a legally binding contract between you and us and govern your use of the Services. Please read these Terms carefully as they contain important information about your legal rights, remedies, and obligations.
Any new features that augment or enhance the current Website or Services, including the release of new functionalities, shall be subject to these Terms.
1. PERMISSION TO ACCESS AND USE THE SERVICES
- Upon acceptance of these Terms, we shall provide to you, a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to use the Services in accordance with the terms of these Terms. .
- You acknowledge and agree that we do not contract with minors. You confirm that you are a natural person of at least 18 years of age (and/or of any such age as required in your country for you to be authorised to use our Services) and competent to enter into a valid and binding contract and you warrant that you possess the legal authority to create a binding legal obligation.
- We reserve the right to make changes to the functionality of the Website and the Services from time to time. We shall perform all necessary server management and maintenance services with respect to the Website and Services at no additional cost to you.
- You acknowledge and agree that by accessing or using the Services, you consent to receive communications from us through the Services, or through any other means such as emails, push notifications, text messages (including SMS), and phone calls. To opt out of receiving emails and/or other communications from us, you may either use the “Unsubscribe” button at the end of our emails or send us an opt-out request at [email protected]. Please note that even if you decide not to subscribe to, or to unsubscribe, from promotional email messages, we may still need to contact you with important transactional information related to your orders.
- You warrant that the information entered by you on the Services is current, complete and accurate, you agree further to maintain and promptly update your information so that it remains current, complete and accurate. We may conduct a brief verification of the details entered by you to confirm their validity. In case we suspect that any details entered by you are not genuine, or you have entered incorrect information, we shall delete your information and suspend your use of the Services.
- If you upload and/or enter Personal Data of persons, you agree and warrant that you have obtained lawful and legitimate consent from such persons before uploading and/or entering their Personal Data on the Services. We disclaim any liability arising from your failure to obtain due consents from all such persons.
- You understand and agree that we may suspend or terminate your access and use of the Services if we believe that your continued use of the Services may prejudice other users or third parties or in case we have reason to believe that you have used the Services otherwise than permitted under these Terms.
2. ACCEPTABLE USAGE OF THE SERVICES AND RESTRICTIONS
- You agree that you are responsible for your own conduct while using the Services and for any consequences thereof. You agree to use the Website only for purposes that are legal, proper and in accordance with these Terms and any applicable policies and guidelines.
- You agree that you shall access or use the Services for your internal business purposes only and not for any commercial gain. We have no liability to you for any loss of profit, loss of business, or loss of business opportunity in any case whatsoever.
- While using the Services, you shall not, and not permit anyone to attempt to or otherwise do any of the following;
- Interfere with any other user’s right to use the Services;
- Upload any code and/or content that is illegal or may infringe upon the intellectual property rights of any third party;
- Infringe any laws applicable to you, third-party rights, especially intellectual property rights or our policies;
- post content or items in inappropriate areas on our Website and Services;
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful content;
- Use the Website or Services to blackmail any other person or for otherwise inappropriate purposes or to improperly access or view or distribute obscene, pornographic, or otherwise sexually explicit material;
- upload, post, email or transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of the rights or have the permission of the owner to post such content;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Website and the Services;
- Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Services or any features or functionality of the Services, to any third party for any reason;
- distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
- misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
- You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website;
- attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software used by us in connection with the Website;
distribute any file posted by another that you know, or reasonably should know, cannot be legally distributed in such manner;
- impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
- use the Website to facilitate money exchange including, but not limited to, cryptocurrency;
- violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability.
If you provide us with suggestions, ideas, improvements, recommendations or other feedback with respect to any aspect of the Services (“Feedback”), we may use and/or exploit this Feedback. We will have no confidentiality obligations with respect to the Feedback. You grant us a royalty-free, irrevocable, transferable right and license to use the Feedback however we desire, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such Feedback and/or incorporate such Feedback into any form, medium, or technology throughout the world.
4. SUSPENSION AND/OR TERMINATION OF USE AND ACCESS
We reserve the right to prohibit your access to the Website and Services immediately if;
- we are unable to verify or authenticate your data, email address or other information provided by you, or
- we believe that your actions may cause legal liability for you or for us, or all or some of Qapitol’s other users, or
- we believe you have provided false or misleading data or other information, have interfered with other users or the administration of the Services, or
- you violate the provisions of any applicable privacy laws or any of the applicable laws or
5. CONFIDENTIALITY AND DATA PRIVACY
- All “Confidential Information” disclosed by you to us shall not be used or disclosed for any purpose outside the scope of these Terms, except when required by the process of law or with your prior permission. Confidential
- Information shall not include information which; (i) is known publicly; (ii) is generally known in the industry before disclosure; (iii) has become known publicly, without our fault; or (iv) has been otherwise lawfully known or received by us.
- Except as otherwise expressly permitted under these Terms, we agree to keep confidential all information entrusted to us and to protect it at all times by exercising a reasonable degree of care.
- You agree that we may disclose your Confidential Information to our employees, consultants, agents or advisors who have a strict need to know such Confidential Information solely for the purpose of performing the our obligations under these Terms and only to those who are obligated to maintain the confidentiality of such Confidential Information upon terms at least as protective as those contained in these Terms.
- You grant your consent to us to disclose to our affiliates / partners / third parties the information to the extent necessary for the purpose of performing our obligations under this Terms
- If in case we are required by law, or upon receiving process from a court of law, to disclose Confidential Information, it will be bound to disclose such information, without giving any notice of the same to you.
6. INTELLECTUAL PROPERTY RIGHTS
- All Intellectual Property Rights relating to the Website and Services, its content, materials including, but not limited to text, data, information, graphics, logos, tools, photographs, images, illustrations, audio, video and animations are Intellectual Property owned by Qapitol QA Services Private Limited and/or third parties and are protected by the laws of India and international copyright laws. All trademarks, service marks, and trade names are proprietary to Qapitol QA Services Private Limited and/or third parties.
- We reserve the right to restrict you from any unauthorised use or duplication of such Intellectual Property including but not limited to commercial use. You may not create a database in any form whatsoever, of any content available on the Website. You acknowledge and agree that all Proprietary and Intellectual Property rights in Website vest with us and we shall retain all ownership, rights, title and interest in the Website and you hereby neither retain nor gain any right in the same except the right to access and use the Website granted under the Terms.
- You shall not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, reverse engineer, reverse assemble, disassemble, decompile or in any way exploit any of the Website or Services content, software, materials relating to the Website or Services in whole or in part.
- You agree to abide by all copyright notices, information, and restrictions contained in any content accessed through the Services. We reserve the right to takedown from the Website any content that is alleged to infringe a third party’s intellectual property rights.
7. DISCLAIMER OF WARRANTIES
- You hereby acknowledge and agree that the Services and the Website are provided by us to you on an “as is” and “as available” basis without warranty of any kind. Your access to and/or use of the Website and Services, is at your sole risk.
- To the extent permitted by law, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Services including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
- We do not provide any warranty that;
- the Services will meet your requirements;
- that the Services will be always available and uninterrupted, timely, secure, or error-free;
- that the errors will be corrected within a certain time;
- that the information provided through the Services is accurate, reliable or correct;
- that the Service will be available at any particular time or location; or
that the Service is free of viruses or other harmful components.
- We do not endorse or make warranties or representations about or guarantee the truth or accuracy of any advertisements or posts on the Services. You are requested to verify the accuracy of all information on your own before relying on such information. We shall not be responsible for any losses incurred to you, should you decide to place reliance on such material.
- You understand and agree that any advice, material or information, whether oral or written, downloaded or otherwise obtained by you from the Services or otherwise from us is done at your sole risk and shall not create any warranty not expressly stated in these Terms.
You agree to indemnify, keep indemnified, defend and hold harmless Qapitol QA Services Private Limited and its directors, officers, employees, assigns and agents from and against any and all losses, expenses, claims, costs and damages suffered, directly or indirectly, arising out of, or which may arise in connection with (i) any misrepresentation or any breach of any representation or warranty contained in these Terms; (ii) any breach of or non-compliance with any covenant or any other term of these Terms by you; (iii) your use of the Services and/or the Website, (iv) your negligence and wilful misconduct or (v) any violation by you of any applicable laws, rules or regulations.
9. LIMITATION OF LIABILITY
- You understand and agree that, to the extent permitted by applicable laws, Qapitol QA Services Private Limited, and its directors, officers, employees, agents shall not be liable for any indirect, incidental, special consequential, punitive or exemplary damages arising out of or in connection with;
- The use or the inability to use the Services for any reason;
- The use, disclosure, or display of your information;
- Statements or conduct of any third party on the Services;
any security breach or any virus, bug, unauthorized intervention, defect, or technical malfunctioning of the Website and/or Services; or
- In cases other than liability for negligence, for any amounts that exceed INR 50,000/-.
- No action against either party arising out of these Terms may be brought by the other party more than twelve (12) months after the cause of action has arisen.
- We shall have no liability to you for any breach of these Terms caused by any events of force majeure or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial disputes, breakdown of systems or network access, or flood, fire, explosion or accident. We disclaim all liability to you for any legal damage caused due to acts or omissions of a third party or your breach.
10. THIRD PARTY SITES
Our Services may contain links to other third party websites, which you may access at your discretion and risk. We do not control and assume no responsibility for any damage or loss that may arise to you through such links, their content, security or privacy policies and practices.
11. RELATIONSHIP BETWEEN PARTIES
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Services.
12. JURISDICTIONAL ISSUES
Qapitol makes no representation that the Services operate (or is legally permitted to operate) in all geographic areas, or that the Services are appropriate or available for use in other locations. Accessing the Services from territories where the Services or any content or functionality of the Services or portion thereof is illegal is expressly prohibited. If you choose to access the Services, you agree and acknowledge that you do so on your own initiative and at your own risk, and that you are solely responsible for compliance with all applicable laws.
13. GOVERNING LAW AND JURISDICTION
These Terms are governed by laws of India and all claims or disputes arising therefrom, or in relation to your use of the Services shall be subject to the exclusive jurisdiction of the courts of Bengaluru, Karnataka, India.
14. ENTIRE AGREEMENT
We reserve the right, at our sole and reasonable discretion, to amend these Terms at any time and will update these Terms in the event of any such amendments, and notify you in such event. By continuing to access or use the Website and Services after the effective date of modifications to these Terms, we will treat your use as acceptance of the updated Terms and you agree to be bound by such modifications.
If any of the provisions of these Terms are deemed invalid, void, or for any reason unenforceable, that part of the Terms will be deemed severable and will not affect the validity and enforceability of any remaining provisions of these Terms.
17. NOTICES AND COMMUNICATIONS
You agree to receive electronically all communications, agreements, documents, notices, and disclosures that we provide in connection with the Services (“Communications”). We may provide Communications in a variety of ways, including by e-mail, text or by posting them on the Website or through the Services. You agree that all Communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
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