A.General :www.qwikcilver.com is an Internet based portal owned and operated by Qwikcilver, a company incorporated under the laws of India, having its registered office at No. 111, 1st floor, “Brigade Manae Court”, Industrial Layout, Koramangala 5th Block, Bangalore - 560095, India. Use of the Website is offered to you conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by Qwikcilver at its sole discretion and posted on the Website.
B.Communication :- Qwikcilver may use the information submitted by you to respond to any queries raised by you pursuant to your use and access to the Website. We may also use this information to send you e-mails and SMS for administrative and marketing purposes, through its servers and systems; or through third party e-mail or SMS service providers. User can unsubscribe/opt-out from our communications sent on SMS and email anytime:
- Please email us at firstname.lastname@example.org to unsubscribe from SMS or E-mail;
- User can also un-subscribe from emails, by clicking the "Unsubscribe URL" mentioned in the footer of the emails.
C.Functionalities Offered :- This Website is an information gateway to our business model including the products and services that we extend to the Users.
E.User Obligations :- You agree and undertake to use the Website only to access information regarding Qwikcilver including the products and services provided by us. By way of example, and not as a limitation, you agree and undertake that when using the Website, you will not:
- Modify, alter or otherwise make any derivative uses of our content, trademarks, technology platform or its underlying software, or any portion thereof;
- Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website;
- Infringe upon or violate the rights of Qwikcilver, its users or third parties;
- Download, copy or imitate any portion of the Qwikcilver technology platform, its underlying software and content, or its user interface, or the Website, except as expressly permitted by us;
- Aggregate or scrape any content, data or other information from the Website to be aggregated or shown with material from other sites or on a secondary site without our express written permission;
- Hyperlink to the Website or deep-link to any portion of our Website without our written consent;
- Interfere with our Website’s attempt to access or steal any data and information on or related to the Website;
- Seek to transact any fraudulent or illegal activity, through any means or corrupt practices, including but not limited to any of the following: hacking, password mining, deceptive impersonation of another person, misrepresentation of your affiliation with a person or entity, hiding or attempting to hide your true identity or location (including via proxy server or otherwise) or providing false, inaccurate or altered documentation, information or identification;
- Circumvent or seek to circumvent any security measures or other features meant to protect the security of the Website and the users’ security;
- Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
- Conduct or forward surveys, contests, pyramid schemes or chain letters;
- 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 contained in a file that is uploaded;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- Violate any applicable laws or regulations for the time being in force in or outside India;
F.Usage Conduct :-
- You shall solely be responsible for maintaining the necessary computer equipment and Internet connections that may be required to access, use and transact on the Website;
- You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website; and
- You shall use this Website for personal, non-commercial use only.
G.Intellectual Property Rights :-
- Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Qwikcilver owns all Intellectual Property Rights to and into the trademarks "Qwikcilver", [MDT3] and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Qwikcilver without obtaining authorization from Qwikcilver.
- Notwithstanding the foregoing, it is expressly clarified that you will solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which may be accessible through your post, or any other content that you upload, transmit or store when using the Website.
H.Links to Third Party Sites :- Qwikcilver will contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Qwikcilver, and Qwikcilver is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Qwikcilver is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Qwikcilver provides links of online advertisements to you only as a convenience and the inclusion of any link does not imply endorsement by or affiliation with Qwikcilver of the Linked Sites nor does it represent the advice, views, opinions or beliefs of Qwikcilver. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information. In the event that by accessing the Website or following links to third-party websites you are exposed to content that you consider offensive or inappropriate, your only recourse will be to stop using the Website.
I.Disclaimer of Warranties & Liability :- Qwikcilver has endeavored to ensure that all the information on the Website is correct, but Qwikcilver neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. In no event shall Qwikcilver be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages. Neither shall Qwikcilver be responsible for the delay or inability to use the Website or related Functionalities, the provision of or failure to provide Functionalities, or for any information, software, products, Functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Qwikcilver shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Qwikcilver's control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
K.Termination :- Qwikcilver may suspend or terminate your use of the Website or any Service at its sole and absolute discretion. (i) Notwithstanding the foregoing sub-section above, these Terms will survive indefinitely unless and until Qwikcilver chooses to terminate them; and (ii) If you or Qwikcilver terminates your use of the Website, Qwikcilver may delete any content or other materials relating to your use of the Website and Qwikcilver will have no liability to you or any third party for doing so.
L. Governing Law :- These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles, and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Bangalore, India.
M. Report Abuse :- If you come across any abuse or violation of these Terms, please report to email@example.com