Please read these Terms of Use (the "Agreement") carefully. Your use of the Design Qandy website and services (as defined below) constitutes your consent to this Agreement.
BY USING Design Qandy website and services, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT. IF YOU ARE USING THE DESIGN QANDY WEBSITE AND SERVICES ON BEHALF OF A COMPANY OR OTHER ORGANIZATION, THEN YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT.
These TOU are an electronic record in terms of Information Technology Act, 2000 (“IT Act, 2000”), the applicable rules thereunder and the provisions pertaining to electronic records in various statutes as amended by the IT Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms of use for access to or usage of Our Website. For the purposes of clarity, the term “Company/Us/Our/We/Design Qandy/Design Qandy website and services ” shall include DesignQandy Private Limited and its holding company, subsidiary companies, successors-in-interest, executors, permitted assigns, affiliates, associates and group companies. Further, the term “Client”, “You” and “Your” refers to you, and by clicking “I AGREE,” “SUBMIT”, or the like (if provided) thereby indicating acceptance electronically, You agree and acknowledge that You have read, understood, and agree to be bound by this TOU and that these TOU constitute a legal and binding agreement between You and Us and accept the Company’s terms and conditions including the Privacy Policy available at Our Website (“Privacy Policy”), which form an integral part of this TOU.
We may revise this TOU from time to time, so please keep visiting this page on Our Website regularly to keep Yourself updated. In the event, We wish to change this TOU We will seek Your consent vide the email id and/or the contact information provided by You at the time of registration on Our Website. However, if You fail to respond to the notification within the reasonable prescribed time as provided in the notification and continue to access and/or use Our Website following the changes or updates to this TOU, it shall be deemed to constitute Your acceptance and agreement to be bound by the revised TOU. If at any point of time, You do not agree with the updated TOU or wish to terminate this agreement, You must immediately stop using the Platform and write to developer@designqandy.com, and this TOU shall be terminated for You, subject to the terms contained herein.
You expressly understand and agree that Your accessing or use of Our Website is at Your sole risk. Our Website is provided on an “as is” and “as available” basis. Except as herein otherwise provided, We and Our licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We, Our associates and service partners make no representations or warranties about the accuracy, reliability, completeness, current-ness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of Our Website or that the operation of Our Website will be error-free and/or uninterrupted. Consequently, We assume no liability whatsoever for any monetary or other damage suffered by You on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of Our Website; and/or any interruption or errors in the operation of Our Website.
We expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on Our Website. Access to Our Website does not confer and shall not be considered as conferring upon anyone any license under any of Our or any third party’s intellectual property rights. The Design Qandy names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Design Qandy. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on our Website. Access to our Website does not authorize anyone to use any name, logo or mark in any manner. References on our Website to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to You and do not in any way constitute or imply Our endorsement, sponsorship or recommendation of the third party, information, product or service. We are not responsible for the content of any third party sites and do not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at Your own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of Our Website (collectively, the “Contents“) are intended solely for personal, non-commercial use. Any use of our Website or its contents, including copying or storing it or them in whole or part, other than for Your own personal, non-commercial use is prohibited without the permission of Design Qandy. You may not modify, distribute or re-post anything on our Website for any purpose.
In order to use or access Our Website, You must be competent to enter into a contract under applicable laws. If you continue using Our Website, then You represent and warrant to Us that You are competent to enter into a valid and binding contract under applicable laws. In the event, You access or use Our Website for and on behalf of a legal entity (whether a single entity or multiple entities), You represent and warrant that You have the authority to bind such entity (and its affiliates or associated entities) to this TOU.
We may suspend or terminate Your use of the Website or any service if We believe, in Our sole and absolute discretion that You have breached any of the terms of these TOU. We may also in Our sole discretion and at any time discontinue providing the services, or any part thereof. Termination of Your access to the use of Our Website may be effected without prior notice to You, and You acknowledge and agree that We may immediately bar any further access to our Website. If You or We terminate Your use of Our Website or any service, We may delete any content or other materials relating to Your use of the Website and will have no liability to You or any third party for doing so. You shall be liable to pay for any service or product that you have already ordered till the time of termination by either party whatsoever.
You agree to defend, indemnify and hold harmless Design Qandy, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon Your actions or inactions, which may result in any loss or liability to Us or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of Your obligations under this TOU or arising out of the Your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this TOU.
To the fullest extent permitted under applicable law, We, Our associates, parent companies, or suppliers shall not be liable for any indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with Our Website, its services or this TOU. Without prejudice to the generality of this section, Our total liability to You for all liabilities arising out of this TOU is limited to the value of the product ordered by You.
This TOU constitutes the entire agreement between You and Design Qandy and governs Your use of Our Website, superseding any prior understandings and agreements between You and Us and any previous statements or representations from either party to the other party. This TOU does not apply to any affiliate services, third-party content or third-party software that does not or cannot reasonably be deemed to form part of Our Website which may be provided to You by Our licensors, suppliers, vendors, parent, holding, subsidiary or related companies, other affiliates or other third parties, which may be subject to additional terms and conditions imposed by that party. You also may be subject to additional terms and conditions that may apply when You use affiliate services, third-party content or third-party software.
You agree that Your account on Our Website is non-transferable and any rights to your Account ID or contents within Your account terminate upon your death. Upon receipt of a copy of a death certificate, Your account may be terminated and all contents therein permanently deleted.
This TOU and the relationship between You and Us shall be governed by the laws of the Republic of India without regard to its conflict of law provisions. The Courts at Mumbai, India shall have exclusive jurisdiction in any proceedings arising out of this TOU.
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding Our Website to developer@designqandy.com.
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted to Us on or by Our Website or otherwise disclosed, submitted or offered in connection with Your use of Our Website (collectively, the “Comments“) shall be and remain Our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, We own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments You submit for any purpose whatsoever, without restriction and without compensating You in any way. We are and shall be under no obligation: (1) to maintain any Comments in confidence; (2) to pay You any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by You to the Website will not violate these TOU or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by You to Our Website will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of ‘spam’. We do not regularly review posted Comments, but do reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted on the Website. You grant Us the right to use the name that You submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments You submit. You are and shall remain solely responsible for the content of any Comments You make and You agree to indemnify Us and Our affiliates for all claims resulting from any Comments You submit. We and Our affiliates take no responsibility and assume no liability for any Comments submitted by You or any third party.
