Terms and Conditions
These terms and conditions describe the rights and responsibilities of the Users (“You” / “Your”/”Users”) of www.digicare.com its QCare webpage www.qcareindia.com and mobile application thereof QCare App (“Website/App”).
Terms of Use
This webpage states the “Terms of Use” under which you (“You”) may use the Website www.digicare.com and www.qcareindia.com and its mobile application QCare App for repair services of various electronic devices, related service offer plans solutions and related provision of services.
These terms also governs the access and use by You the online products and services made available to You on QCare website or App by Qdigi Services Ltd. a company incorporated in India under the provisions of Companies Act 1956, having its registered office at B-1/I-1, 1st Floor, Mohan Cooperative Industrial Estate New Delhi New Delhi-110044 (“Company”). By using the Website or by installing, downloading and using QCare App, or otherwise accessing any of the Company Website or App Services or You agree, understand and accepts to be bound by these terms.
These Terms of Use include the Privacy Policy which is incorporated into these Terms of Use by reference. By using www.digicare.com and/or www.qcareindia.com the QCare App thereof, You agree and accept to bound by these Terms of Use, including the Website’s Privacy Policy besides the terms and conditions of any contract executed for the provision of Website services.
If ‘You’ do not want to accept these Terms of Use stated herein, please do not use the Website/App and its services. By using www.digicare.com and/or www.qcareindia.com the QCare App thereof, You are agreeing to accept to be bound by the provisions of these Terms of Use. Qdigi Services Limited (“Qdigi” or the “Company”) may revise these Terms of Use at any time by updating these terms. You should visit this Website periodically to review the Terms of Use, because these terms are binding on’ You’. The terms “You” and “User” as used herein refer to all individuals and/or Customer or entities accessing this Website or App for any reason. Users who violate these Terms may have their access and use of the Website or App suspended or terminated, at Company’s sole discretion.
In the event any additional terms apply to any specific Services, such additional terms shall be will be disclosed to You by the Company. The additional terms shall prevail for the applicable services in the event any inconsistent terms of these Terms of Use to the extent of conflict.
The Company may amend these terms from time to time which will be effective upon Company’s updating of such amended terms at Website/App or the amended policies or supplemental terms on the applicable Services. Your continuous use of the Company services after such update of the amended terms constitutes Your consent to be bound by these terms, as amended from time to time.
1.Eligibility for use of the Website/App
You must be 18 years of age or older i.e. an adult within the age of majority under applicable law, to visit or use Website in any manner. By visiting the Website or accepting these Terms of Use, You represent and warrant to the Company that You are 18 years of age or older, i.e. an adult within the age of majority under applicable laws, and that You have the right, authority and capacity to use the Website/App and agree to and abide by these Terms of Use. You also represent and warrant to the Company that You will use Website/App in a manner consistent with any and all applicable laws and regulations.
2. Ownership, Control and use of Website/App content
The contents of Website/App is under the Company’s control, Content such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and other Website/App content (collectively, “Company Content”), are protected under copyright, trademark and other laws. All Company Content is the property of Company or its licensors. The compilation (meaning the collection, arrangement and assembly) of all content on the Company Website is the exclusive property of Company and is protected by copyright, trademark, and other laws. Unauthorized use of the Company Content may violate these laws and/or applicable regulations and statutes, and is strictly prohibited. You shall not modify the Company Content or reproduce, display, publicly perform, distribute, or otherwise use the Company Content in any way for any other purpose except as authorized under these terms or under any agreement with the Company unless authorized by the Company in any other manner that is likely to cause any confusion among Company’s clients and general public or that otherwise infringes Company’s intellectual property rights.
Any code that Company creates to generate or display any Company Content on Website/App is also protected by Company’s copyright and You shall not copy or adapt such code.
You shall not use any of the Company Content on any other Website (including, without limitation, by uploading or republishing Company Content on any Internet, Intranet or Extranet platform or incorporating the Company Content in any other database or compilation for any purpose). You shall not copy or adapt the HTML code that the Company creates to generate any Company Content or the pages making up Company Website which is also protected by the Company’s copyright. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
3. Restrictions on Use of Website /App
Users shall not use the Website in order to host, display, upload, modify, publish, transmit, update, distribute, share, store or destroy material, including without limitation Company Content, in violation of any applicable law or regulation; in a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others; that belongs to another person and to which the user does not have any right to; that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, relating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever; harm minors in any way; deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature; impersonate another person or entity; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of Company’s computer systems or site or Company’s users, customer’s computer systems or site; Threatens the unity, integrity, defense, security or sovereignty of India and any other nation, friendly relations with foreign states or of public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other nation.
Users shall not i) Transmit, post, distribute, store or destroy material, including without limitation Company Content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information; ii) submit to the Website/App any incomplete, false or inaccurate information or information which is not your own; iii) delete or revise any material posted by any other person or entity; iv) take any action that imposes an unreasonable or disproportionately large load on the Website/App; v) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website/App; vi) aggregate, copy or duplicate in any manner any of the Website/App or Company content; vii) frame or mirror or link to any of Company content or Website/App; viii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; ix) remove any copyright, trademark or other proprietary notices from the products/services; x) copy, modify, alter, reproduce, create derivative works; xi) distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website/App services; xi) create any programs or scripts for the purpose of scraping, indexing, surveying, or data mining any portion of the Website/App services; xii) attempt to unauthorized access to Website/App, systems or network; xiii) impair any services.
4. User Information
When You intend to login into the Website for some specific services as a customer or retailer for other specific purpose(s), You will be asked to provide certain personal information including, without limitation, a Mobile No. and valid address and/or email address (your “Information”). You agree to maintain your accurate, complete, and up-to-date information from time to time. You will be solely liable for the security and confidentiality of Your information and agree to comply with all applicable laws, including applicable data protection and privacy laws when using the Website/App Services, and use the Services for lawful purposes.
You understand and agree that the Company may disclose to third parties, your name, address, e-mail address or telephone number and other information (“User Content”) with your prior consent for the provision of services, and to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. In certain instances, for provision of the services You may be asked to provide the proof of identity and You agree and accept that You may be denied access to or use of Company Services on Your refusal to provide proof of identity.
By providing User Content to the Company, You grant the Company a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the company services and the Company business and on third-party services), without further notice to or consent from You.
You agree not to provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by the Company in its sole discretion, whether or not such material may be protected by law. The Company may, but shall not be obligated to, review, monitor, or remove User Content, at Company’s sole discretion and at any time and for any reason, without giving notice to You.
5. Website/App Services
The services of the Company via the Website/App shall be used as per these terms and conditions agreed either under the online terms or in terms of written contract entered into with the Company by the users / customers. Your use of the Company Website services is also subject to any other contracts that Company and You may have with any third Party(ies) for the provision of the services. In the case of any conflict between these Terms and any contract you have with Company and third Party service provider, if any, the terms of your contract with the relevant entity (ies) will prevail to the extent of conflict. The Company grants the You a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to access and use the Website/App services on its personal device solely for use of the services and to access and use the content thereof, solely for personal, non-commercial use. Any rights not expressly granted herein are prohibited by the Company.
You understand and agree that use of the certain Website/App services will result in applicable specified price to You for the services which You receive from a third party service provider through the Website/App. After your receipt of services from the third party service providers through the Website/App, the Company will facilitate your payment of the applicable price on behalf of the third party service providers which shall be deemed as payment made by You directly to the applicable third party service provider. Such applicable price will be inclusive of applicable taxes where required by law. Such applicable price paid by you is non-refundable, unless otherwise decided by Company and/or third party service providers. All such applicable price for the services are due immediately on Your selection and acceptance to the specific services on Website/App and payment will be facilitated by the Company using the preferred payment method designated for obtaining the said services, after which the Company may send You a receipt by email in addition to the Invoice available to you at the Website/App. In the event Your primary Account payment method is expired, invalid or otherwise unavailable, You agree and accept that the Company may, use a secondary payment method in Your Account, for collecting the applicable price for and on behalf of the third party service provider.
The Company reserves the right to establish and/or revise the fee for any or all services or products purchased through the use of the Website/App at any time in Company’s sole discretion. Further, You acknowledge and agree that fee applicable in certain areas may increase having regard to demand. Company will use reasonable efforts to inform You of applicable fee that may apply, provided that You will be responsible for expenses incurred for the services. The Company may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and You agree for such promotional offers and discounts. You may elect to cancel Your request for services from a third party service provider at any time prior to such third party service provider’s attention/attendance to such request in which case You may be charged a cancellation fee. You will have the opportunity to rate its experience and leave additional feedback about its third party service provider.
The Company may, at its sole discretion, offer pickup and drop services for repair at select locations and for select brands and devices. These services may be charged or complimentary depending on the benefits that may be available to the Customer. Company may avail the services of third party service providers for the fulfilment of pickup and drop services.
The Company reserves the right to offer third party services and products to You, such offers may be made by the Company or by third parties. Without limiting any of the other disclaimers of warranty set forth in these Terms of Use, Company does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through Website/App or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the service provider of the applicable class, or product or service, under the terms agreed to by the said service provider with You.
You agree and consent to the Company that Company may send You services related informational text (SMS) messages, Whatsapp messages and notifications as part of the normal business operation of Your use of the services.
The Company may, in its sole discretion, provide promotional offers, other features or benefits related to the Services and/or as may be offered by third party service providers, for certain specific period or for some specific region, specific terms or otherwise subject to any additional terms. You agree and acknowledge that such offers, features or benefits must be used for the intended purpose for which it is given, and used in a lawful manner and may not be duplicated, sold or transferred in any manner unless expressly permitted by the Company. Such offers shall not be convertible into cash and may expire prior to Your use. Such offers may be withdrawn by the Company at any time without notice in the event that the Company determines or believes that such offers were issued in error or fraudulent, illegal, or in violation of the applicable laws without any liability to the Company.
6. Prohibited use of Website/App
The services on the Website should be used only for lawful purposes. The Company Prohibits the following activities on the Website and the Users agree not to do any of the following:
Transmit, post, distribute, store or destroy material, including without limitation Company Content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of Website privacy policy; Post any content on the Website/App that contain any hyperlinks, email addresses, HTML Tags, “hidden” keywords, repetitive keywords or any keywords that are irrelevant or are otherwise misleading are prohibited; Send unsolicited mail or e-mail, making unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of unrelated third party products or services to the Users; Delete or revise any material posted by any other person or entity; Take any action that imposes an unreasonable or disproportionately large load on Website/App infrastructure; Use of any data mining, robots or similar data gathering or extraction methods. Notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engine and search agents available on the Website; Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of Website; Aggregate, copy or duplicate in any manner any of the Website content or information available other than as permitted by these Terms; or Frame or link to any of Website content or information available on the Website; Use the Website Services for any unlawful purpose or any illegal activity, or submit any content, that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by Company’s discretion.
Any non compliance by Users of any of the aforesaid terms, Company may in its sole discretion, restrict or terminate the offending User’s ability to access the Website and take any other actions or to remove or request the removal of the User Content. Company has no liability or responsibility to Users for performance or nonperformance of such activities. Besides this Company reserves the right to initiate appropriate proceedings against the offending User as per process of law.
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of Website/App Content or any other communications by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk. The Company has no obligation to screen User content in advance and is not responsible for screening or monitoring User Content posted by Users. The Company has no liability or responsibility to Users for performance or of such activities.
7. User’s Responsibility For its Website/App Credentials
You are responsible for maintaining the confidentiality of Your account access information, and passwords (login credential), if any, provided to you by the Company for accessing the specific services on the Website/App. You shall be responsible for all uses of your Website/App login credentials. You are not authorized to share your login credential with any other party, temporarily or permanently, and breach of this obligation will lead to suspend your Website/App account and services. You agree to immediately notify the Company of any unauthorized use of your login credential.
If at any time during your use of the Company Services, You made a misrepresentation of fact to Company or otherwise misled Company in regards to the nature of your business activities, Company will have grounds to terminate your use of the Company Services. The Website/App shall not be used for any purpose other than the provision of specified services, including but not limited to advertising promotions, products, or services promotion; to make unsolicited phone calls or send unsolicited mail, email, or newsletters. The Company reserves the right to offer third party services and products to You based on the preferences that You have agreed to receive, such offers may be made by Company or by third parties.
8. Mobile Application /App Services
If you use the Website/App through a mobile device, you agree that information about your use of the Website/App through your mobile device and carrier will be communicated to us, including but not limited to your mobile carrier, your mobile device, or your physical Geo location. Any use of the Website through a mobile device may cause data to be displayed on and through your mobile device. By accessing the Website using a mobile device, you represent that to the extent you import any of your Website data to your mobile device that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge that you are responsible for all charges and necessary permissions related to accessing the Website through your mobile access provider. Therefore, you should check with your provider to find out if the Website are available and the terms for these services for your specific mobile devices.
9. Notification Of Copyright Infringement
If You believe that your copyrighted work has been uploaded, posted or copied to the Website/App in a way that constitutes copyright infringement, please immediately notify us the description of the copyrighted work that has been infringed, and a description of the activity that You claim to be infringing by providing Your name, address, telephone number and, if You have one, your e-mail address and notify us at connect@digicare.com
The Company, and all of our affiliated companies respect the intellectual property of others, any unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner’s rights. As a condition to your use of Website, You agree not to use Website to infringe the intellectual property rights of others in any way. The Company shall block access to Website/App for those Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. The Company reserves the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the Users who is terminated or to the User whose access to the Website is suspended.
10. Ownership of Intellectual Property
Notwithstanding anything to the contrary contained herein, except for the limited license rights to access and use as expressly provided herein, the Company has and will retain all rights, title and interest (including, without limitation, all patent, copyright, trademark, trade secret and other intellectual property rights) in and to its Website/App services Deliverables, and all copies, modifications and derivative works thereof. You agree and acknowledge that the You are getting only a limited license right to the services. The services and all rights therein are and shall remain Company property. Neither these Terms nor Your use of the Services convey or grant You any rights in or related to the Services except for the limited license granted under these terms or to use or reference in any manner the Company names, logos, product and service names, trademarks or services marks.
11. Disclaimer of User content and Website/App content or Third Party services
Company has no control over the accuracy, reliability, completeness, or timeliness of the User content submitted on the Website/App and makes no representations about any User content on the Website/App. Because User authentication on the Internet is difficult, Company cannot and does not confirm that each User is who they claim to be. In the event that You have a dispute with one or more Users content, You release Company (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law.
The Website/App and its content may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of Website/App content. The use of Website/App and the content thereof is at Your own risk. Modifications are periodically made to the Website/App and may be made at any time. The Company does not guarantee and does not promise any specific results from use of the Website/App.
There may be made available or accessed on the Website/App third party services, products, warranty and content that the Company does not control directly. You agree and acknowledge that different terms of use, warranty and privacy policies may apply to Your use of such third-party services, product and content. The Company does not guarantee such third-party services, product, warranty and content and in no event shall the Company be responsible or liable for any products, warranty or services of such third party services providers. Company does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through the Website/App, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the such third party products or services, under the terms agreed to by You the third Party.
Disclaimer on provision of services provided by third party service provider: You agree and understand that services on the Website/App is provided through independent third party service providers of such services, including independent third party sellers, independent third party buyers, independent third party repair service providers and independent third party logistics providers under agreement with the Company. You agree and acknowledge that the Company may not able to provide services having regard to the dependency on provision of services on such third Parties and that all third party services would be provided by independent third party contractors. The Company does not warrant that Your use of the Website/QCare App product and services will be uninterrupted or error-free or that any security mechanisms implemented by the Company will not have inherent limitations. The Company’s sole liability (and You as a Customer’s exclusive remedy) for any breach of this warranty shall be, in Company’s sole discretion, to use commercially reasonable efforts to provide you cure the error/defect/deficiency by the concerned third Parties or if the Company at its sole discretion determines such remedies to be impracticable within a reasonable period of time, to refund the Service fee on prorate basis by the concerned third Parties who are paid for the applicable product and services.
12. Disclaimer of Warranty & Consequential Damages
THE COMPANY DOES NOT WARRANT THAT THE WEBSITE/APP WILL OPERATE ERROR-FREE OR THAT ANY WEBSITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY WEBSITE/APP OR THE COMPANY CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE/APP AND COMPANY CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE BY LAW, COMPANY DOES NOT WARRANT THAT THE WEBSITE/APP OR ANY COMPANY SERVICES WILL OPERATE ERROR-FREE OR THAT ANY WEBSITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE COMPANY CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY WEBSITE AND THE COMPANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Limitation of Liability
IN NO EVENT SHALL COMPANY BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES BY CUSTOMER. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, DATA OR USE, INCURRED BY THE OTHER PARTY OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES ON THE WEBSITE/APP OR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND THE COMPANY REASONABLE CONTROL. YOU AGREE AND ACKNOWLEDGE THAT INDEPENDENT THIRD PARTY SERVICE PROVIDERS PROVIDING SALES OR PURCHASE OR REPAIR OR LOGISTICS SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER SERVICES WITHOUT BRAND AUTHORIZATION AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED.
THE COMPANY SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE REPAIR, PURCHASE GOODS, SELL GOODS OR LOGISTICS SERVICES WITH THIRD PARTY SERVICE PROVIDERS, BUT YOU AGREE THAT THE COMPANY HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY OF THESE SERVICES (INCLUDING BUT NOT LIMITED TO GOODS OR LOGISTICS SERVICES) PROVIDED TO YOU BY THIRD PARTY SERVICE PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
IN NO EVENT, COMPANY’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH WEBSITE/APP SERVICES FOR ANY DAMAGES, LOSSES REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED INR 200.
14. Links to Other websites
The Website may contain links to third party Websites. These links are provided solely as a convenience to You and not as an endorsement by Company of the contents on such third-party Websites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of third party materials on such third party Websites. If You decide to access linked third-party Websites, You do so at Your own risk.
15. Indemnity
You agree to defend, indemnify, and hold harmless Company, its affiliates, and their respective officers, directors, KMPs, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) breach of the use of the Company products and services in such a manner other than as authorized under these terms or any other supplemental terms (ii) Your violation of any applicable law, including but not limited to data protection and privacy laws (iii) any User Content or other material You provide to the Website/App, (iv) Your use of any Company content on the Website/App, (v) any gross negligent or willful act or omission by You which leads to arise any such claim or (iii) Your breach of these Terms of the Website/App by You.
16. Miscellaneous
The Company makes no claims that the Website/App content may be lawfully viewed or accessed outside of India. Access to the Company Content may not be legal by certain persons or in certain countries. Your access to Website/App is at your own risk and You are responsible for compliance with the laws of respective State” jurisdiction as may be applicable to You.
These Terms of Use are governed by the laws of India, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the Courts at Bangalore, Karnataka, India. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a contract, additional terms of use for areas of the Website/App, and a particular “Legal Notice,” or Software License Agreement” or End User License Agreement (“EULA”) material on that particular Web pages, these Terms of Use constitute the entire agreement between You and the Company with respect to the use of the Website/App www.qcareindia.com
17. Redressal of Users Grievances
The Company has designated internal team to redress the grievances of the users. The aggrieved user may submit their grievances by addressing to email ID: connect@digicare.com
18. Additional Terms of Use
Certain services on the Website/App are subject to additional terms of use. By using such services, or any part thereof, You agree to be bound by the additional terms of use applicable to such services.
19. Term and Termination
These Terms of Use will remain in full force and effect while You are a User of Website/App. Any breach by you of these terms and conditions, the Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your User information from the Website/App immediate termination of your access to the Website/App.
20. Amendment in Terms of Use
Company shall have the right to amend, vary or modify these Terms of Use, Privacy Policy of the Website/App, without giving any prior notice to You and such amendment shall be effective immediately upon inclusion / posting of such amendment on Company Website/App. These “Terms of Use” and “Privacy Policy” of Website constitute a binding agreement between You and Company, and is accepted by You upon your use of the Website/App.
21. Specific Terms for QCare Services
This underlying document contains the Terms of Use (“Agreement”) for QCare Website/Application (“QCare”) which governs the access and use by you (“You”/”Your”/”Customer”) the products and services made available to You on QCare (“Services”) by Qdigi Services Ltd. a company incorporated in India under the provisions of Companies Act 1956, having its registered office at B-1/I-1, 1st Floor, Mohan Cooperative Industrial Estate New Delhi New Delhi-110044 (“Company”). By installing, downloading and using QCare, or otherwise accessing any of the Company Website Services or software the Customer agrees, understands and accepts to be bound by the terms of this Agreement. Please read these terms carefully. If ‘You’ do not accept the Terms of Use stated herein, do not use the QCare and its services.
Customer’s access and use of Services on QCare to be bound by these Terms, which shall be a binding Agreement between the Customer and the Company for use of the Services at a specified price at QCare. These Terms expressly supersede any prior agreements or arrangements with you. The Company may at its sole discretion immediately terminate these Terms or offering any Services or deny access to the QCare Services or any portion thereof, at any time without giving any reason thereof. In the event any additional terms apply to any specific Services, such additional terms shall be will be disclosed to the Customer by the Company. The additional terms shall prevail in the event any inconsistent terms of these Terms of Use to the extent of conflict.
The Company may amend these terms from time to time which will be effective upon Company’s updating of such amended terms at QCare or the amended policies or supplemental terms on the applicable Service purchase by the Customer. Customer’s continued access or use of the Services after such update of the amended terms constitutes Customer’s consent to be bound by these terms, as amended from time to time.
If there is a complaint, dispute or conflict in case of Insurance backed Services which may include a claim, involving Customer and a third party service provider (including independent third party repair service provider or independent third party logistics providers of the Company). For resolution of any Customer issue with any third Party repair service provider or other independent provider Company may provide to claims processor or an insurer, any necessary information of Customer (including Customer contact information) and such information or data is necessary to resolve the complaint, dispute or conflict or deliver the Services.
QCare Services
The Services available on QCare technology platform, website, application includes break fix services, repair services, sale by Company various extended warranty plans, assurance plans, damage coverage plans and similar plan for various electronic items at such specified price mentioned therein and to arrange and schedule purchase, repair, sell and/or logistics services at specified price through independent third party providers of such services such as independent third party repair service providers and independent third party logistics providers under agreement with the Company. The Services are made available to the Customer solely for personal, non-commercial use. Any authorized Individual representatives/ officials of the Customer who are authorized by the Customer to install and/or use the QCare Service / License/ Software shall always be deemed to acting for and on behalf of the Customer and Customer shall be solely responsible and liable for the acts and omissions of such representative/officials.
a) Access to and use of QCare Products & Services /strong>
In order to access and use the QCare application and Services/or services under these terms, the Customer must be of legal age of majority ( i.e. 18 years of age and above) and provide valid and accurate credentials i.e. name, address, mobile phone number at the time of access to QCare to create an User Account in accordance with the specified details and agrees to maintain accurate, complete, and up-to-date information from time to time. The Company may terminate Customer’s ability to access user account in the event of Customer’s failure to maintain accurate, complete, and up-to-date information of its User Account. Customer is solely responsible for its user account information, content, its login credentials, security and confidentiality. The Customer shall not assign or otherwise transfer its Account to any other person or entity and agrees to comply with all applicable laws, including applicable data protection and privacy laws when using the QCare Services, and use the Services for lawful purposes. The Customer shall not cause any nuisance, annoyance, inconvenience, damage to property, of any third party service Provider or any other party. In certain instances, the Customer may be asked to provide the proof of identity to access or use the Services, and the Customer agrees that Customer may be denied access to or use of QCare Services if Customer refuses to provide proof of identity. Customer also agrees and warrants the Company that it will not contract any of the third party service providers of Company or their associates to obtain any services by precluding the Company and by obtaining such third party Service Provider or associate details through the Company or the QCare application of the Company. The access to QCare Software which is User-Based may be used only by a single Authorized User, and may not be used or shared by multiple Authorized Users.
b) Grant of License to Access and Use QCare
The Company grants the Customer a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to access and use the QCare on its personal device solely for use of the QCare Services and to access and use the content thereof, solely for personal, non-commercial use. Any rights not expressly granted herein are prohibited by the Company.
c) Service Fee
Customer shall pay all agreed service fees specified for the products and services purchased hereunder though QCare. All payments shall be made in advance in INR through various permitted payment gateways/methods provided thereon. Once the order has been accepted for provision of specified services selected by the Customer except as expressly set forth herein, all fees are non-refundable. The Company will invoice the Customer for all applicable taxes including, but not limited to GST and other applicable taxes.
Customer understands that use of the Services may result in charges to Customer for the services or goods which Customer receive from a third party service provider (“Charges “). After Customer has received services or goods obtained through its use of the Service, the Company will facilitate Customer’s payment of the applicable Charges on behalf of the third party service provider as such third party service provider limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by Customer to the third party service provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Company and/or third party service provider.
All Charges are due immediately on Customer’s selection and acceptance to the specific services on QCare and payment will be facilitated by the Company using the preferred payment method designated for obtaining services, after which the Company may send you a receipt by email in addition to the Invoice (“In App Invoice”) available within the QCare Application. If Customer’s primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, Customer agrees and accepts that the Company may, as the third party service provider’s limited payment collection agent, use a secondary payment method in Customer Account, if available.
The Company reserves the right to establish and/or revise Charges for any or all services or goods obtained through the use of the QCare at any time in Company’s sole discretion. Further, Customer acknowledges and agrees that Charges applicable in certain geographical areas may increase to certain extent during times of high demand at prevailing market conditions. Company will use reasonable efforts to inform Customer of Charges that may apply, provided that Customer will be responsible for Charges incurred under its User Account regardless of your awareness of such Charges or the amounts thereof. The Company may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and Customer agrees that such promotional offers and discounts. Customer may elect to cancel its request for services or goods from a third party service provider through the Company website or QCare App at any time prior to such Third Party Provider’s arrival, in which case Customer may be charged a cancellation fee.
This payment structure is intended to fully compensate the third party service provider for the services or goods provided through them. After Customer has received services or goods obtained through the QCare, Customer can rate its experience and leave additional feedback about its third party service provider.
d) Disclaimer on Provision of Services
As the Services on QCare through independent third party service providers of such services, including independent third party sellers, independent third party buyers, independent third party repair service providers and independent third party logistics providers under agreement with the Company. The Customer acknowledges and agrees that the Company may not able to provide sales services or purchase services or repair services or logistics services; or function as a seller or a purchaser or a repair service provider or logistics provider having regard to the dependency on the third Parties and that all such seller services or purchase services or repair services or logistics services would be provided by independent third party contractors who are not employed by the company.
e) Products/Services Warranty Disclaimer
The Company does not warrant that Your use of the Website/QCare App product and services will be uninterrupted or error-free or that any security mechanisms implemented by the Company will not have inherent limitations. The Company’s sole liability (and Customer’s exclusive remedy) for any breach of this warranty shall be, in Company’s sole discretion, to use commercially reasonable efforts to provide you cure the error/defect/deficiency by the concerned third Parties or if the Company at its sole discretion determines such remedies to be impracticable within a reasonable period of time, to refund the Service fee on prorate basis by the concerned third Parties who are paid for the applicable product and services.
f) Restrictions on Access and Use of QCare.
Customer shall not use QCare in order to host, display, upload, modify, publish, transmit, update, distribute, share, store or destroy material, including without limitation Company Content, in violation of any applicable law or regulation; in a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, data protection laws, publicity or other personal rights of others; that belongs to another person and to which the You do not have any right to; that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, threatening, abusive or hateful or racially, ethnically objectionable, disparaging, relating encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever; impersonate another person or entity; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of QCare systems; Threatens the unity, integrity, defense, security or sovereignty of India and any other nation, friendly relations with foreign states or of public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other nation.
Customer shall not i) Transmit, post, distribute, store or destroy material, including without limitation Company Content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information; ii) submit to QCare any incomplete, false or inaccurate information or information which is not your own; iii) delete or revise any material posted by any other person or entity; iv) take any action that imposes an unreasonable or disproportionately large load on QCare; v) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of Qcare; vi) aggregate, copy or duplicate in any manner any of the QCare / Company content; vii) frame or mirror or link to any of Company/ QCare content; viii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; ix) remove any copyright, trademark or other proprietary notices from the products/services; x) copy, modify, alter, reproduce, create derivative works; xi) distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the QCare Services; xi) create any programs or scripts for the purpose of scraping, indexing, surveying, or data mining any portion of the QCare Services; xii) attempt to unauthorized access to QCare, systems or network; xiii) impair any services.
Any non compliance of any of the aforesaid terms, Company may in its sole discretion, restrict or terminate the offending Customer’s / User’s ability to access the QCare and take any other actions or to remove or request the removal of the User Content. Company has no liability or responsibility to Users for performance or non-performance of such activities. Besides this Company reserves the right to initiate appropriate proceedings against the offending User as per process of law.
g) Ownership of Intellectual Property & Product Software.
Notwithstanding anything to the contrary contained herein, except for the limited license rights to access and use as expressly provided herein, the Company has and will retain all rights, title and interest (including, without limitation, all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the QCare products & services Deliverables, and all copies, modifications and derivative works thereof. Customer acknowledges that the Customer is getting only a limited license right to the QCare Products & Services. The Services and all rights therein are and shall remain Company property. Neither these Terms nor Customer’s use of the Services convey or grant to you any rights in or related to the Services except for the limited license granted under these terms nor to use or reference in any manner the Company names, logos, product and service names, trademarks or services marks.
h) Third Party Services and Content.
The Services may be made available or accessed on QCare in connection with third party services, products, warranty and content that the Company does not control directly. Customer agrees and acknowledges that different terms of use, warranty and privacy policies may apply to your use of such third-party services, product and content. The Company does not endorse such third-party services, product, warranty and content and in no event shall the Company be responsible or liable for any products, warranty or services of such third party services providers. In the event Customer accesses the QCare Services using applications developed for Apple iOS, Android, Microsoft Windows, or other mobile devices, then Apple Inc., Google, Inc., Microsoft or other applicable respective owners of the such applications and/or their applicable subsidiaries and affiliates will be third-party beneficiaries to these terms /Agreement. These third party beneficiaries are not parties to these terms/Agreement and are not responsible for the provision or support of the Services in any manner. Your access to the QCare services by using these devices is subject to terms set forth in the applicable third-party terms of service/End User License Agreement.
Pickup and Drop Service for Devices During Repair.
The Company may, at its sole discretion, offer pickup and drop services for repair at select locations and for select brands and devices. These services may be charged or complimentary depending on the benefits available to the Customer. Company may avail the services of third party service providers for pickup and drop services.
Notifications.
By creating an Account with QCare, Customer agrees and consents to the Company that QCare may send you informational text (SMS) messages, Whatsapp messages and notifications as part of the normal business operation of Customer’s use of the Services. In the event the Customer does not wish to receive such messages, the Customer may opt-out of receiving text (SMS)/Whatsapp messages from QCare at any time by sending an email to connect@digicare.com, along with the phone number of the mobile device receiving the messages. Customer agrees and acknowledges that opting out of receiving text (SMS) messages, Whatsapp messages may impact your use of the Services.
Promotional offers
In the event Company, in its sole discretion, provides promotional offers and create promotional codes thereof that may be redeemed for credit, or other features or benefits related to the Services and/or a Third Party service providers, subject to any additional terms that the Company may specify thereof. Customer agrees that any such promotional offers: (i) be used for the purpose for which it is given in a lawful manner; (ii) not to be duplicated, sold or transferred, unless expressly authorised by the Company; (iii) can be suspended by the Company at any time without giving any reason without any liability to the Company; (iv) not to be en-cashed; and (vi) may expire on specified time if not used within specified time. The Company reserves the right to withhold promotional offers in its sole discretion without or with cause or in compliance of applicable laws.
User Content.
The Company may, in its sole discretion, permit the Customer from time to time to submit, upload, publish or otherwise make available to Company through the Services textual, audio, and/or visual content and information, including your device details, personal details (“User Content”). Any User Content provided by Customer remains Customer’s property. However, by providing User Content to the Company, the Customer grants the Company a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and the Company business and on third-party sites and services), without further notice to or consent from Customer, and without the requirement of payment to the Customer or any other person or entity.
Customer represents and warrants that: (i) Customer is the sole and exclusive owner of all User Content and have all rights, licenses, consents and releases necessary to grant the Company the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor the Company use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Customer agrees to not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by the Company in its sole discretion. The Company may, but under not an obligation, to review, monitor, or remove User Content, at Company’s sole discretion and at any time and for any reason, without giving notice to the Customer.
Network and Devices.
Customer is responsible for obtaining the data network necessary to use the QCare Services. Customer’s network’s rates and fees may apply if Customer accesses or uses the Services through network devices and shall be responsible for such rates and fees. Customer is responsible for compatible hardware or devices necessary to access and use the Services and Applications and any updates. Company does not guarantee that the Services, or any portion thereof, will function on any specific hardware or devices. In addition, the Services may be subject to delays because of the use of the Internet and e communications.
i) Disclaimer of Warranties
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE QCare PRODUCT & SERVICES, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY SERVICES, AND ALL SERVICES ARE PROVIDED “AS IS” BASIS. THE COMPANY DOES NOT PROVIDE ANY WARRANTIES, OR UNDERTAKINGS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. IN ADDITION, COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE QCare SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. COMPANY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY SERVICE PROVIDERS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW CUSTOMER AGREES THAT THE ENTIRE RISK ARISING OUT OF CUSTOMER’S USE OF THE SERVICES, AND ANY SERVICE OR GOODS REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH THE CUSTOMER.
j) Limitation of liability
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, DATA OR USE, INCURRED BY THE OTHER PARTY OR ANY THIRD PARTY UNDER THIS AGREEMENT, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) CUSTOMER’S USE OF OR RELIANCE ON THE SERVICES OR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN CUSTOMER AND ANY THIRD PARTY SERVICE PROVIDER, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND THE COMPANY’S REASONABLE CONTROL. CUSTOMER AGREES AND ACKNOWLEDGE THAT INDEPENDENT THIRD PARTY SERVICE PROVIDERS PROVIDING SALES OR PURCHASE OR REPAIR OR LOGISTICS SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER SERVICES WITHOUT BRAND AUTHORIZATION AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED RUPEES TWO HUNDRED (INR 200).
THE COMPANY SERVICES MAY BE USED BY CUSTOMER TO REQUEST AND SCHEDULE REPAIR, PURCHASE GOODS, SELL GOODS OR LOGISTICS SERVICES WITH THIRD PARTY SERVICE PROVIDERS. THE COMPANY HAS NO RESPONSIBILITY OR LIABILITY RELATED TO ANY OF THESE SERVICES (INCLUDING BUT NOT LIMITED TO GOODS OR LOGISTICS SERVICES) PROVIDED TO YOU BY THIRD PARTY SERVICE PROVIDERS OTHER THAN AS EXPRESSLY SPECIFIED IN THESE TERMS.
k) Indemnity
Customer shall defend, indemnify and hold Company harmless against any claim brought by a third party, and shall pay all costs, damages and expenses (including reasonable legal fees) awarded against Company by a court of competent jurisdiction or agreed to in a written settlement agreement signed by Customer, to the extent such claim arises out of any of the following: (a) Customer’s breach of the use of the Company products and services in such a manner other than as authorized under this Agreement; (b) Customer’s violation of any applicable law, including but not limited to data protection and privacy laws; (c) any alleged grossly negligent or willful acts or omissions of Customer which gave rise to such claim; and (d) any claim arising out to the Company due to Customer’s breach of these terms and conditions or specific product/services terms.
I) General
a) Customer shall not assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the Company’s prior written consent (not to be unreasonably withheld); provided, however, Company may assign this Agreement in its entirety to its affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
b) If any provision of these terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. The Company shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable for the purpose of these terms.
c) Any claims of copyright infringement should be sent to the Company’s designated official at connect@digicare.com or to connect@digicare.com
d) Any notice or report hereunder shall be in writing or in electronic format. If to The Company by mail, such notice or report shall be sent to the Company to the attention of “Legal Department”. If to The Company by email, such notice or report shall be sent to: connect@digicare.com
e) Governing Law and Jurisdiction: This Agreement shall be governed by and construed under the laws of India and Courts at Bangalore, Karnataka, India shall have the exclusive jurisdiction.
f) These terms does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.
g) The Company shall not be liable to the Customer for any delay or failure to perform any obligation under these terms if the delay or failure is due to force majeure events, are beyond its reasonable control in so far as such an event prevents or delays in fulfilling its obligations.
h) These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and supersedes all prior agreements regarding such subject matter.
i) These Terms of Use will remain in full force and effect while You are a User of QCare.
Any breach by You of these terms and conditions, the Company reserves the right, at its sole discretion, to pursue all of its legal recourses under the process of law, including but not limited to deletion of Your user information from the QCare and immediate termination of your access to the QCare website / App and services.