Website Terms & Conditions
OVERVIEW
This website is operated by QuarkCube Private Limited. Throughout the site, the terms “we”, “us” and “our” refer to QuarkCube Private Limited. QuarkCube Private Limited offers this website, including all information, tools and products/services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here
By visiting our site and/ or purchasing something from us, you engage in our products/services and agree to be bound by the following terms and conditions (“Terms of products/services”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of products/services apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of products/services carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of products/services. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any products/services. If these Terms of products/services are considered an offer, acceptance is expressly limited to these Terms of products/services.
Any new features or tools which are added on to our website shall also be subject to the Terms of products/services. You can review the most current version of the Terms of products/services at any time on this page. We reserve the right to update, change or replace any part of these Terms of products/services by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
WEBSITE TERMS
By agreeing to these Terms of products/services, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use our website.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the products/services, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
GENERAL CONDITIONS
We reserve the right to refuse products/services to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the products/services/Product, use of the products/services/Product, or access to the products/services/Product or any contact on the website through which the products/services/Product is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on our website is not accurate, complete or current. The material on the website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on our website is at your own risk.
Our website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of our site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
IDs, PASSWORDS AND DIGITAL CERTIFICATES
User IDs, passwords, and digital certificates are confidential and proprietary. It is a violation of the Terms and Conditions for a User to disclose its password or share its ID, password, or digital certificate with any unauthorized third parties, or to use its ID, password, or digital certificate for any unauthorized purpose. Each User, and not the Consortium, is solely responsible for any unauthorized use of User's ID, password, or digital certificate.
MODIFICATIONS TO THE PRODUCTS/SERVICES AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the products/services (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the products/services.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per organization or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
PERSONAL INFORMATION AND PRIVACY
Personal information you provide to QuarkCube through the products/services is governed by QuarkCube Privacy Policy. Your election to use the products/services indicates your acceptance of the terms of the QuarkCube Privacy Policy. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by email to info@quarkcube.io. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the products/services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the products/services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the products/services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the products/services or on any related website, should be taken to indicate that all information in the products/services or on any related website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of products/services, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the products/services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the products/services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the products/services or any related website for violating any of the prohibited uses.
ORGANIZATION ACCOUNTS AND ADMINISTRATORS
When you sign up for an account for your organization you may specify one or more administrators. The administrators will have the right to configure the products/services based on your requirements and manage end users in your organization account. If your organization account is created and configured on your behalf by a third party, it is likely that such third party has assumed administrator role for your organization. Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of your organization account.
You are responsible for i) ensuring confidentiality of your organization account password, ii) appointing competent individuals as administrators for managing your organization account, and iii) ensuring that all activities that occur in connection with your organization account comply with this Agreement. You understand that QuarkCube is not responsible for account administration and internal management of the products/services for you.
You are responsible for taking necessary steps for ensuring that your organization does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to info@quarkcube.io, provided that the process is acceptable to QuarkCube. In the absence of any specified administrator account recovery process, QuarkCube may provide control of an administrator account to an individual providing proof satisfactory to QuarkCube demonstrating authorization to act on behalf of the organization. You agree not to hold QuarkCube liable for the consequences of any action taken by QuarkCube in good faith in this regard.
RESTRICTION OF USE
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the licenses or otherwise make it available to any third party; (ii) provide any products/services based on the licenses without prior written permission; (iii) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; (iv) use the product/products/services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of QuarkCube; (vii) violate any applicable local, state, national or international law; and (viii) create a false identity to mislead any person as to the identity or origin of any communication.
INACTIVE USER ACCOUNTS
We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination and option to back-up your data. The data deletion policy may be implemented with respect to any or all of the products. Each product will be considered an independent and separate product for the purpose of calculating the period of inactivity. In other words, activity in one of the products is not sufficient to keep your user account in another product active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our products/services will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the products/services will be accurate or reliable.
You agree that from time to time we may remove the products/services for indefinite periods of time or cancel the products/services at any time, without notice to you.
You expressly agree that your use of, or inability to use, the products/services is at your sole risk. The products and services delivered to you through the product are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall QuarkCube Private Limited, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, products/services providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the products/services or any products procured using the products/services, or for any other claim related in any way to your use of the products/services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the products/services or any content (or product) posted, transmitted, or otherwise made available via the products/services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
TRADEMARK
QuarkCube, QuarkCube logo, the names of individual products and their logos are trademarks of QuarkCube Private Limited. You agree not to display or use, in any manner, the QuarkCube trademarks, without QuarkCube’s prior permission.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless QuarkCube Private Limited and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, products/services providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of products/services or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
TERMINATION
We may suspend your user account or temporarily disable access to whole or part of any products/services in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to info@quarkcube.io within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of products/services are effective unless and until terminated by either you or us. You may terminate these Terms of products/services at any time by notifying us that you no longer wish to use our products/services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of products/services, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our products/services (or any part thereof).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of products/services shall not constitute a waiver of such right or provision.
These Terms of products/services and any policies or operating rules posted by us on this site or in respect to the products/services constitutes the entire agreement and understanding between you and us and govern your use of the products/services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of products/services).
Any ambiguities in the interpretation of these Terms of products/services shall not be construed against the drafting party.
ARBITRATION
Any controversy or claim arising out of or relating to the Terms and Conditions, including, without limitation, this Usage Agreement, shall be settled by binding arbitration, by a single arbitrator knowledgeable in both commercial transactions and the Internet products/services businesses generally, in accordance with the applicable/governing Indian Arbitration Act. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Bangalore, and judgment on the arbitration award may be entered into the Karnataka High Court having jurisdiction thereof.
Neither the Buyer nor the User may seek any interim or preliminary relief, from any court without serving the other party with a notice of intention to seek such relief (including details of relief sought and of the case to be made out in court) of not less than three (3) working days at its registered or known address. Each User and the Buyer agree that any dispute regarding the validity or scope of this clause shall be commenced in the Karnataka High Court and shall be governed by the laws of India. The fees of the arbitrator shall be borne by the parties equally.
CHANGES TO TERMS OF PRODUCTS/SERVICES
You can review the most current version of the Terms of products/services at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of products/services by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the products/services following the posting of any changes to these Terms of products/services constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of products/services should be sent to us at info@quarkcube.io.