Last updated: 29/06/2022
1. Agreement to terms
These Terms of Use constitute a legally binding agreement made
between you, whether personally or on behalf of an entity (“you”)
and Crownstack ("Company", “we”, “us”, or “our”), concerning your
access to and use of the http://bio.quicklabs.in website as well as
any other media form, media channel, mobile website or mobile
application related, linked, or otherwise connected thereto
(collectively, the “Site”). You agree that by accessing the Site,
you have read, understood, and agree to be bound by all of these
Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE,
THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST
DISCONTINUE USE IMMEDIATELY. Supplemental terms and conditions or
documents that may be posted on the Site from time to time are
hereby expressly incorporated herein by reference. We reserve the
right, in our sole discretion, to make changes or modifications to
these Terms of Use at any time and for any reason. We will alert you
about any changes by updating the “Last updated” date of these Terms
of Use, and you waive any right to receive specific notice of each
such change. It is your responsibility to periodically review these
Terms of Use to stay informed of updates. You will be subject to,
and will be deemed to have been made aware of and to have accepted,
the changes in any revised Terms of Use by your continued use of the
Site after the date such revised Terms of Use are posted. The
information provided on the Site is not intended for distribution to
or use by any person or entity in any jurisdiction or country where
such distribution or use would be contrary to law or regulation or
which would subject us to any registration requirement within such
jurisdiction or country. Accordingly, those persons who choose to
access the Site from other locations do so on their own initiative
and are solely responsible for compliance with local laws, if and to
the extent local laws are applicable. The Site is not tailored to
comply with industry-specific regulations (Health Insurance
Portability and Accountability Act (HIPAA), Federal Information
Security Management Act (FISMA), etc.), so if your interactions
would be subjected to such laws, you may not use this Site. You may
not use the Site in a way that would violate the Gramm-Leach-Bliley
Act (GLBA). The Site is intended for users who are at least 18 years
old. Persons under the age of 18 are not permitted to use or
register for the Site.
2. Intellectual property rights
Unless otherwise indicated, the Site is our proprietary property and
all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks, service marks, and
logos contained therein (the “Marks”) are owned or controlled by us
or licensed to us, and are protected by copyright and trademark laws
and various other intellectual property rights and unfair
competition laws of the United States, international copyright laws,
and international conventions. The Content and the Marks are
provided on the Site “AS IS” for your information and personal use
only. Except as expressly provided in these Terms of Use, no part of
the Site and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed,
encoded, translated, transmitted, distributed, sold, licensed, or
otherwise exploited for any commercial purpose whatsoever, without
our express prior written permission. Provided that you are eligible
to use the Site, you are granted a limited license to access and use
the Site and to download or print a copy of any portion of the
Content to which you have properly gained access solely for your
personal, non-commercial use. We reserve all rights not expressly
granted to you in and to the Site, the Content and the Marks.
3. User representations
By using the Site, you represent and warrant that: (1) all
registration information you submit will be true, accurate, current,
and complete; (2) you will maintain the accuracy of such information
and promptly update such registration information as necessary; (3)
you have the legal capacity and you agree to comply with these Terms
of Use; (4) you are not a minor in the jurisdiction in which you
reside; (5) you will not access the Site through automated or
non-human means, whether through a bot, script or otherwise; (6) you
will not use the Site for any illegal or unauthorized purpose; and
(7) your use of the Site will not violate any applicable law or
regulation. If you provide any information that is untrue,
inaccurate, not current, or incomplete, we have the right to suspend
or terminate your account and refuse any and all current or future
use of the Site (or any portion thereof).
4. User registration
You may be required to register with the Site. You agree to keep
your password confidential and will be responsible for all use of
your account and password. We reserve the right to remove, reclaim,
or change a username you select if we determine, in our sole
discretion, that such username is inappropriate, obscene, or
otherwise objectionable.
5. Fees and payment
We accept payment through Stripe and all the payment methods enabled
by stripe are valid. You may be required to purchase or pay a fee to
access some of our services. You agree to provide current, complete,
and accurate purchase and account information for all purchases made
via the Site. You further agree to promptly update account and
payment information, including email address, payment method, and
payment card expiration date, so that we can complete your
transactions and contact you as needed. We bill you through an
online billing account for purchases made via the Site. Sales tax
will be added to the price of purchases as deemed required by us. We
may change prices at any time. All payments shall be in U.S.
dollars. You agree to pay all charges or fees at the prices then in
effect for your purchases, and you authorize us to charge your
chosen payment provider for any such amounts upon making your
purchase. If your purchase is subject to recurring charges, then you
consent to our charging your payment method on a recurring basis
without requiring your prior approval for each recurring charge,
until you notify us of your cancellation. We reserve the right to
correct any errors or mistakes in pricing, even if we have already
requested or received payment. We also reserve the right to refuse
any order placed through the Site.
6. Cancellation
All purchases are non-refundable. You can cancel your subscription
at any by sending us an email at
admin@quicklabs.in or from your accout itself under billing settings. Your
cancellation will take effect at the end of the current paid term.
If you are unsatisfied with our services, please email us at
admin@quicklabs.in.
7. Prohibited activities
You may not access or use the Site for any purpose other than that
for which we make the Site available. The Site may not be used in
connection with any commercial endeavors except those that are
specifically endorsed or approved by us. As a user of the Site, you
agree not to: 1. Make any unauthorized use of the Site, including
collecting usernames and/or email addresses of users by electronic
or other means for the purpose of sending unsolicited email, or
creating user accounts by automated means or under false pretenses.
2. Use a buying agent or purchasing agent to make purchases on the
Site. 3. Circumvent, disable, or otherwise interfere with
security-related features of the Site, including features that
prevent or restrict the use or copying of any Content or enforce
limitations on the use of the Site and/or the Content contained
therein. 4. Engage in unauthorized framing of or linking to the
Site. 5. Trick, defraud, or mislead us and other users, especially
in any attempt to learn sensitive account information such as user
passwords. 6. Make improper use of our support services or submit
false reports of abuse or misconduct. 7. Engage in any automated use
of the system, such as using scripts to send comments or messages,
or using any data mining, robots, or similar data gathering and
extraction tools. 8. Interfere with, disrupt, or create an undue
burden on the Site or the networks or services connected to the
Site. 9. Attempt to impersonate another user or person or use the
username of another user. 10. Sell or otherwise transfer your
profile. 11. Use any information obtained from the Site in order to
harass, abuse, or harm another person. 12. Use the Site as part of
any effort to compete with us or otherwise use the Site and/or the
Content for any revenue-generating endeavor or commercial
enterprise. 13. Decipher, decompile, disassemble, or reverse
engineer any of the software comprising or in any way making up a
part of the Site. 14. Attempt to bypass any measures of the Site
designed to prevent or restrict access to the Site, or any portion
of the Site. 15. Harass, annoy, intimidate, or threaten any of our
employees or agents engaged in providing any portion of the Site to
you. 16. Delete the copyright or other proprietary rights notice
from any Content. 17. Copy or adapt the Site’s software, including
but not limited to Flash, PHP, HTML, JavaScript, or other code. 18.
Upload or transmit (or attempt to upload or to transmit) viruses,
Trojan horses, or other material, including excessive use of capital
letters and spamming (continuous posting of repetitive text), that
interferes with any party’s uninterrupted use and enjoyment of the
Site or modifies, impairs, disrupts, alters, or interferes with the
use, features, functions, operation, or maintenance of the Site. 19.
Upload or transmit (or attempt to upload or to transmit) any
material that acts as a passive or active information collection or
transmission mechanism, including without limitation, clear graphics
interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or
other similar devices (sometimes referred to as “spyware” or
“passive collection mechanisms” or “pcms”). 20. Except as may be the
result of standard search engine or Internet browser usage, use,
launch, develop, or distribute any automated system, including
without limitation, any spider, robot, cheat utility, scraper, or
offline reader that accesses the Site, or using or launching any
unauthorized script or other software. 21. Disparage, tarnish, or
otherwise harm, in our opinion, us and/or the Site. 22. Use the Site
in a manner inconsistent with any applicable laws or regulations.
8. User generated contributions
The Site does not offer users to submit or post content to public.
We may provide you with the opportunity to create, submit, post,
display, transmit, perform, publish, distribute, or broadcast
content and materials to us or on the Site, including but not
limited to text, writings, video, audio, photographs, graphics,
comments, suggestions, or personal information or other material
(collectively, "Contributions"). Contributions may be viewable by
other users of the Site and through third-party websites. As such,
any Contributions you transmit may be treated in accordance with the
Site Privacy Policy. When you create or make available any
Contributions, you thereby represent and warrant that:1. The
creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.2. You are the creator
and owner of or have the necessary licenses, rights, consents,
releases, and permissions to use and to authorize us, the Site, and
other users of the Site to use your Contributions in any manner
contemplated by the Site and these Terms of Use.3. You have the
written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name
or likeness of each and every such identifiable individual person to
enable inclusion and use of your Contributions in any manner
contemplated by the Site and these Terms of Use.4. Your
Contributions are not false, inaccurate, or misleading.5. Your
Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass
mailings, or other forms of solicitation.6. Your Contributions are
not obscene, lewd, lascivious, filthy, violent, harassing, libelous,
slanderous, or otherwise objectionable (as determined by us).7. Your
Contributions do not ridicule, mock, disparage, intimidate, or abuse
anyone.8. Your Contributions do not advocate the violent overthrow
of any government or incite, encourage, or threaten physical harm
against another.9. Your Contributions do not violate any applicable
law, regulation, or rule.10. Your Contributions do not violate the
privacy or publicity rights of any third party.11. Your
Contributions do not contain any material that solicits personal
information from anyone under the age of 18 or exploits people under
the age of 18 in a sexual or violent manner.12. Your Contributions
do not violate any applicable law concerning child pornography, or
otherwise intended to protect the health or well-being of minors.13.
Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or
physical handicap.14. Your Contributions do not otherwise violate,
or link to material that violates, any provision of these Terms of
Use, or any applicable law or regulation.Any use of the Site in
violation of the foregoing violates these Terms of Use and may
result in, among other things, termination or suspension of your
rights to use the Site.
9. Contribution license
You and the Site agree that we may access, store, process, and use
any information and personal data that you provide following the
terms of the Privacy Policy and your choices (including settings).By
submitting suggestions or other feedback regarding the Site, you
agree that we can use and share such feedback for any purpose
without compensation to you.We do not assert any ownership over your
Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other
proprietary rights associated with your Contributions. We are not
liable for any statements or representations in your Contributions
provided by you in any area on the Site. You are solely responsible
for your Contributions to the Site and you expressly agree to
exonerate us from any and all responsibility and to refrain from any
legal action against us regarding your Contributions.
10. Submissions
You acknowledge and agree that any questions, comments, suggestions,
ideas, feedback, or other information regarding the Site
("Submissions") provided by you to us are non-confidential and shall
become our sole property. We shall own exclusive rights, including
all intellectual property rights, and shall be entitled to the
unrestricted use and dissemination of these Submissions for any
lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you. You hereby waive all moral rights to any such
Submissions, and you hereby warrant that any such Submissions are
original with you or that you have the right to submit such
Submissions. You agree there shall be no recourse against us for any
alleged or actual infringement or misappropriation of any
proprietary right in your Submissions.
11. Third-party website and content
The Site may contain (or you may be sent via the Site) links to
other websites ("Third-Party Websites") as well as articles,
photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software, and other content or items
belonging to or originating from third parties ("Third-Party
Content"). Such Third-Party Websites and Third-Party Content are not
investigated, monitored, or checked for accuracy, appropriateness,
or completeness by us, and we are not responsible for any
Third-Party Websites accessed through the Site or any Third-Party
Content posted on, available through, or installed from the Site,
including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or contained in
the Third-Party Websites or the Third-Party Content. Inclusion of,
linking to, or permitting the use or installation of any Third-Party
Websites or any Third-Party Content does not imply approval or
endorsement thereof by us. If you decide to leave the Site and
access the Third-Party Websites or to use or install any Third-Party
Content, you do so at your own risk, and you should be aware these
Terms of Use no longer govern. You should review the applicable
terms and policies, including privacy and data gathering practices,
of any website to which you navigate from the Site or relating to
any applications you use or install from the Site. Any purchases you
make through Third-Party Websites will be through other websites and
from other companies, and we take no responsibility whatsoever in
relation to such purchases which are exclusively between you and the
applicable third party. You agree and acknowledge that we do not
endorse the products or services offered on Third-Party Websites and
you shall hold us harmless from any harm caused by your purchase of
such products or services. Additionally, you shall hold us harmless
from any losses sustained by you or harm caused to you relating to
or resulting in any way from any Third-Party Content or any contact
with Third-Party Websites.
12. Site management
We reserve the right, but not the obligation, to: (1) monitor the
Site for violations of these Terms of Use; (2) take appropriate
legal action against anyone who, in our sole discretion, violates
the law or these Terms of Use, including without limitation,
reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit
the availability of, or disable (to the extent technologically
feasible) any of your Contributions or any portion thereof; (4) in
our sole discretion and without limitation, notice, or liability, to
remove from the Site or otherwise disable all files and content that
are excessive in size or are in any way burdensome to our systems;
and (5) otherwise manage the Site in a manner designed to protect
our rights and property and to facilitate the proper functioning of
the Site.
13. Privacy Policy
We care about data privacy and security. Please review our Privacy
Policy: http://bio.quicklabs.in/privacy. By using the Site, you
agree to be bound by our Privacy Policy, which is incorporated into
these Terms of Use. Please be advised the Site is hosted on Render.
If you access the Site from any other region of the world with laws
or other requirements governing personal data collection, use, or
disclosure that differ from applicable laws in the Netherlands, then
through your continued use of the Site, you are transferring your
data to the Render, and you agree to have your data transferred to
and processed via Render.
14. Term and termination
These Terms of Use shall remain in full force and effect while you
use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF
USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING
BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR
NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF
USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR
USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY
CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING,
IN OUR SOLE DISCRETION. If we terminate or suspend your account for
any reason, you are prohibited from registering and creating a new
account under your name, a fake or borrowed name, or the name of any
third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve
the right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
15. Modifications and interruptions
We reserve the right to change, modify, or remove the contents of
the Site at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any
information on our Site. We also reserve the right to modify or
discontinue all or part of the Site without notice at any time. We
will not be liable to you or any third party for any modification,
price change, suspension, or discontinuance of the Site. We cannot
guarantee the Site will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance
related to the Site, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Site at any time or for any
reason without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your
inability to access or use the Site during any downtime or
discontinuance of the Site. Nothing in these Terms of Use will be
construed to obligate us to maintain and support the Site or to
supply any corrections, updates, or releases in connection
therewith.
16. Governing law
These conditions are governed by and interpreted following the laws
of India, and the use of the United Nations Convention of Contracts
for the International Sale of Goods is expressly excluded. If your
habitual residence is in the EU, and you are a consumer, you
additionally possess the protection provided to you by obligatory
provisions of the law of your country of residence. Quick Bio and
yourself both agree to submit to the non-exclusive jurisdiction of
the courts of New Delhi, which means that you may make a claim to
defend your consumer protection rights in regards to these
Conditions of Use in Belgium, or in the EU country in which you
reside.
17. Dispute resolution
Informal Negotiations To expedite resolution and control the cost of
any dispute, controversy, or claim related to these Terms of Use
(each a "Dispute" and collectively, the “Disputes”) brought by
either you or us (individually, a “Party” and collectively, the
“Parties”), the Parties agree to first attempt to negotiate any
Dispute (except those Disputes expressly provided below) informally
for at least thirty (30) days before initiating arbitration. Such
informal negotiations commence upon written notice from one Party to
the other Party. Jurisdiction The parties agree that all disputes
which need to be settled in court, should fall within the
jurisdiction of the courts located in New Delhi, India. Restrictions
The Parties agree that any arbitration shall be limited to the
Dispute between the Parties individually. To the full extent
permitted by law, (a) no arbitration shall be joined with any other
proceeding; (b) there is no right or authority for any Dispute to be
arbitrated on a class-action basis or to utilize class action
procedures; and (c) there is no right or authority for any Dispute
to be brought in a purported representative capacity on behalf of
the general public or any other persons. Exceptions to Informal
Negotiations and Arbitration The Parties agree that the following
Disputes are not subject to the above provisions concerning informal
negotiations and binding arbitration: (a) any Disputes seeking to
enforce or protect, or concerning the validity of, any of the
intellectual property rights of a Party; (b) any Dispute related to,
or arising from, allegations of theft, piracy, invasion of privacy,
or unauthorized use; and (c) any claim for injunctive relief. If
this provision is found to be illegal or unenforceable, then neither
Party will elect to arbitrate any Dispute falling within that
portion of this provision found to be illegal or unenforceable and
such Dispute shall be decided by a court of competent jurisdiction
within the courts listed for jurisdiction above, and the Parties
agree to submit to the personal jurisdiction of that court.
18. Corrections
There may be information on the Site that contains typographical
errors, inaccuracies, or omissions, including descriptions, pricing,
availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or
update the information on the Site at any time, without prior
notice.
19. Disclaimer
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE
THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR
USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF
ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO
OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY,
AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE
OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY
WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,
YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
20. Limitations of liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM
YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE
THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN
US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
21. Indemnification
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers,
agents, partners, and employees, from and against any loss, damage,
liability, claim, or demand, including reasonable attorneys’ fees
and expenses, made by any third party due to or arising out of: (1)
use of the Site; (2) breach of these Terms of Use; (3) any breach of
your representations and warranties set forth in these Terms of Use;
(4) your violation of the rights of a third party, including but not
limited to intellectual property rights; or (5) any overt harmful
act toward any other user of the Site with whom you connected via
the Site. Notwithstanding the foregoing, we reserve the right, at
your expense, to assume the exclusive defense and control of any
matter for which you are required to indemnify us, and you agree to
cooperate, at your expense, with our defense of such claims. We will
use reasonable efforts to notify you of any such claim, action, or
proceeding which is subject to this indemnification upon becoming
aware of it.
22. User data
We will maintain certain data that you transmit to the Site for the
purpose of managing the performance of the Site, as well as data
relating to your use of the Site. Although we perform regular
routine backups of data, you are solely responsible for all data
that you transmit or that relates to any activity you have
undertaken using the Site. You agree that we shall have no liability
to you for any loss or corruption of any such data, and you hereby
waive any right of action against us arising from any such loss or
corruption of such data.
23. Electronic communications, transactions, and signatures
Visiting the Site, sending us emails, and completing online forms
constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements,
notices, disclosures, and other communications we provide to you
electronically, via email and on the Site, satisfy any legal
requirement that such communication be in writing. YOU HEREBY AGREE
TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND
RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SITE. You hereby waive any rights or requirements under any
statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the granting
of credits by any means other than electronic means.
24. Miscellaneous
These Terms of Use and any policies or operating rules posted by us
on the Site or in respect to the Site constitute the entire
agreement and understanding between you and us. Our failure to
exercise or enforce any right or provision of these Terms of Use
shall not operate as a waiver of such right or provision. These
Terms of Use operate to the fullest extent permissible by law. We
may assign any or all of our rights and obligations to others at any
time. We shall not be responsible or liable for any loss, damage,
delay, or failure to act caused by any cause beyond our reasonable
control. If any provision or part of a provision of these Terms of
Use is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these
Terms of Use and does not affect the validity and enforceability of
any remaining provisions. There is no joint venture, partnership,
employment or agency relationship created between you and us as a
result of these Terms of Use or use of the Site. You agree that
these Terms of Use will not be construed against us by virtue of
having drafted them. You hereby waive any and all defenses you may
have based on the electronic form of these Terms of Use and the lack
of signing by the parties hereto to execute these Terms of Use.
25. Contact us
In order to resolve a complaint regarding the Site or to receive
further information regarding use of the Site, please contact us at:
admin@quicklabs.in