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Q-Discounts terms of use
QDISCOUNTS TERMS OF USE Do carefully read the given terms of use before using the platform. Utilizing the platform indicates your understanding and acceptance of these terms. Please do not use it if you disagree. ACCEPTANCE USERS SERVICES PROVIDED TO SELLERS SERVICES PROVIDED TO SERVICE_PROVIDERS (EXPERTS) PAYMENT SERVICES BY SELLERS REFUNDS / CANCELLATION BY SELLER MEMBERSHIP ELIGIBILITY COMMUNICATIONS PLATFORM FOR TRANSACTION AND COMMUNICATION CHARGES USER OF THE APPLICATION/MOBILE APP LIMITATION AND TERMINATION OF SERVICE DEALINGS WITH ORGANISATIONS AND INDIVIDUALS DISCLAIMER LIMITATION OF LIABILITY ASSIGNMENT PRIVACY NOTIFICATION OF CHANGES APPLICABLE LAW GRIEVANCE REDRESSAL MECHANISM CONTACT US i) ACCEPTANCE By accessing or using the or QDISCOUNTS mobile application(hereinafter referred to as "Application") or its service, or any applications including mobile applications (together, the “Service”) made available by Alby’s QSoftware Technologies Private Limited, you agree to be bound by these terms of use. The domain name (hereinafter referred to as " Application"), is owned by Alby’s QSoftware Technologies Private Limited, a company incorporated under the Companies Act, 1956 with its registered office at Kalathikal, Kummallor Post, Kaithakuzhy, Kollam Dist, Kerala, India (hereinafter referred to as "QDISCOUNTS") provide a collection of online resources which include classified advertisements on discount offers (collectively, the "Service") on the said Application and the mobile application platform (collectively, the "Platform"). This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology 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 of the rules and regulations, privacy policy, and Terms of Use for access or usage of Application. The Platform and the Service are provided to you subject to these QDISCOUNTS Terms of Use (these "Terms"). For the purpose of these Terms of Use, wherever the context so requires, "You" or "User" shall mean and include as the context requires any natural or legal person who has agreed to become an Admin/seller/buyer or service provider on the Application by providing Registration Data while registering on the Application as Registered User using the computer systems. The term "We”, "Us", "Our" shall mean Alby’s Qsoftware Technologies Private Limited. When You use any of the services provided by Us through the Application, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to you. It is your responsibility to review these Terms of Use periodically for updates/changes. Your continued use of the Application following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Application. ii)USERS i) Administrator Admins will be legal entities in the respective region/country who have statutory permission for doing online business. Admins are appointed in each region by QDISCOUNTS after detailed scrutiny of their business, company profile, and business details. Their address will be displayed on the "Contact us" page and will be responsible for doing business in that region on behalf of QDiscounts. Admins would act as the point of contact in their region on behalf of QDISCOUNTS. Admins should purchase QPoints from QDISCOUNTS at a predefined rate which will be defined by QDISCOUNTS. QPoints then can be transferred by Admins directly to Sellers who are registered under him. Admins can also use their Business Associates to transfer QPoints through them. Every region will have an appointed admin via an agreement and QDISCOUNTS will be default admin in their absence in every region. Criteria.- Strong marketing team to add sellers and to help them to create offers and promotions. Able to promote discounts and offers of sellers. Preferably with a good delivery network which can be used to deliver goods and items if required. Very active in the business with a strong interest to grow together. You will get a lifelong benefit for every post done by the sellers registered by you or your business associates You need to purchase QPoints after transferring the defined amount to QDISCOUNTS account through a Bank transfer ii) Business associate Will be either full-time staff of an admin or appointed by admin for QDISCOUNTS as part-time on a commission basis Can buy QPoints from Admin at a predefined rate and can transfer to his sellers or can be redeemed back to Admin for cash. Responsibility is to get sellers and to create exclusive offers for sellers and help to promote their business. All Business associates will be working under an admin. Every seller /Product Seller/Stores /Events – can choose an admin of their area in QDISCOUNTS and all QPoint transactions can be done through that admin. iii) Product seller Any legal business entity in any country can be registered as a seller and start posting advertisements. Can start with QDISCOUNTS after approval by admin. Will be rewarded certain Points on joining and can consume on every post at the rate of certain Points per day Create the best offers and post it so that you can attract buyers from the site but will be responsible for the offer created by you. Be precise in preparing and posting an ad, give the GPS location so that the location will be displayed to the end-user and the buyer can reach your shop. You will be responsible for all the offers getting posted and need to get all legal permissions before preparing an offer. Stores Any legal business entity can be registered as a seller and start posting advertisements. Can start posting advertisements with QDISCOUNTS after approval by admin. iv) Service providers Anyone with expertise in any skills such as electrician, plumber, painter, carpenter, mason, housemaid, home nurse, doctor, teacher, technicians, etc. Can be registered as a service provider Can start with QDISCOUNTS after approval by admin. QDISCOUNTS will showcase your details to users based on your availability Benefits of a seller As a registered seller, you are allowed to post the item(s) for discount sale on the Application in accordance with the Policies which are incorporated by way of reference in this Terms of Use. You must be legally able to sell the item(s) you list for discount sale on our Application. You must ensure that the listed items do not infringe upon the intellectual property, trade secret, or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics, and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Application. All listed items must be kept in stock for successful fulfillment of sales. The listing description of the item must not be misleading and must describe the actual condition of the product. You agree not to list a single product in multiple quantities across various categories on the Application. QDISCOUNTS reserves the right to delete such multiple listings of the same product listed by you in various categories. v) Buyer Buyers can register using their email addresses and telephone numbers in our Application, and start browsing for offers based on your GPS location using our mobile application. All offers are prepared and posted by the respective sellers. Being a buyer you can get the location of the seller, and directly reach the seller to get the product offered by him. QDISCOUNTS will in no way interfere with the business of a seller. The offer posted by the Seller is under his sole responsibility. Anyone with an email id can be a buyer. We will be sharing your information to our users and also elsewhere vi) Service Provider Being an expert in your area, we will list you in our application based on your availability and your location. We share your name, picture, phone, number, location, and Whatsapp number to users who are willing to avail of your service. Your account will be suspended in the event of any complaint from any user. If such complaint is verified to be true, the q discounts points shall be forfeited and u shall be blacklisted in the Application. The decision of QDISCOUNTS shall be final in this regard. vi) SERVICES PROVIDED TO SELLERS.- In order to post discount offers the sellers should enter into an agreement with, the terms of which are set out herein with QSoftware Technologies or assigned business partners/admins, as the case may be. Any claim you may have against Admins shall be dealt with according to the terms of the agreement between sellers and admins. QDISCOUNTS is only providing a technology platform for posting such offers. Featured Ads Featured Ads is a feature that enables the display of your discount advertisements in a designated area of the Application and/or in a highlighted manner (depending on the platform the content is being viewed), so as to distinguish it from other contents posted on the Application. In the designated area of the Application pertaining to Featured Ads, they are listed in a sequential manner on a last come first serve basis with a facility to scroll from one side to another. Therefore, it is possible that a particular Featured Ad is not visible to you each time you browse through the Application. This feature has been provided to enable users to draw additional attention to their advertisements and increase the likelihood of receiving responses from potential buyers. We do not guarantee an increase of a specified quantum in the responses received by you and any representation on the Application in this regard is merely indicative. The duration for which your Ad will be displayed as a Featured Ad shall be the number of days specified at the time of purchasing the feature or 10 days from the original date of posting the Content on the Application, whichever is earlier. There is no limit on the volume of Featured Ads you may post on the Application. You can purchase QPoints from Admins and use them for Featured ads based on your requirement and such packages may be provided to you at a price as mentioned on the Application. QDISCOUNTS reserves the right to limit the extent or change rates and the manner in which Featured Ads may be edited by you. Top-end Ads A top-end Ad is a feature that bumps your advertisement to the top of the listing space in the location-specific category in which the advertisement has been posted. Your ad will remain in that spot until new advertisements are posted in that category. These Advertisements will be aligned automatically from right to left in the top part of the screen with a maximum of 10 advertisements at a time. Rates of the top-end Ads will be decided by QDISCOUNTS management from time to time. This feature has been provided to enable users to draw attention to their advertisements and increase the likelihood of receiving responses from potential buyers. We do not guarantee an increase of a specified quantum in the responses received by you and any representation on the Application in this regard is merely indicative. Auto Kick Auto Kick is a feature similar to our top-end feature (refer above) that bumps your advertisement to the top of the listing space in the location-specific category in which the advertisement has been posted, just that Auto Kick does this automatically at defined intervals. QDISCOUNTS shall have the sole discretion to determine the frequency of such intervals for bumping of the advertisement that may differ across categories, usage, and geographical location. This feature has been provided to enable users to draw attention to their advertisements and increase the likelihood of receiving responses from potential buyers – all on a continuing basis with the convenience of our systems boosting your advertisement on top, during its validity, at a defined periodicity. We do not guarantee an increase of a specified quantum in the responses received by you and any representation on the Application in this regard is merely indicative. iv. PAYMENT SERVICES BY SELLERS Upon selecting any feature of Paid Services, your QPoints may be deducted at a predefined rate. QDISCOUNTS may offer you a right to purchase QPoints by cash or cheque or through online payment transfers through cash or other channels such as cash collection from admins. You agree that Paid Services can be availed by paying using QPoints which is purchased earlier from admins or business associates. Upon making payment through any medium whatsoever, you warrant that you are entitled to use the medium or otherwise make the payment to us under applicable law. You have the ability to allow Admins to provide your Goods and Services Tax Identification Number (GSTIN) on the platform. Your GSTIN details are mandatory for passing on the credit of the GST charged. In case you fail to provide your GSTIN details, it will be assumed that you are not registered with the GST authorities, without independently verifying your registration status. GST is applicable only for Indian business owners. Sellers from other locations have to follow their country’s rules and regulations. Unless otherwise mentioned on the Application, prices indicated are inclusive of applicable taxes. v. REFUNDS/CANCELLATION BY SELLER Any amount paid for registration is not refundable. If you choose to delete or deactivate any Paid Services prior to the period for which it is active, your Qpoints for the remaining days will be credited back to your QDiscount account. In the event you are not able to avail of the Paid Services on the Application on account of any technical reasons, on receipt of payment confirmation, equivalent units of the paid feature against the ad units you were not able to post shall be credited to your QDiscount account which can be seen online. The above refund policy shall not be applicable in the event any content in your advertisement is found to be violating the Terms or there has been any abuse reported in relation to your advertisement or your advertisement is deleted or not re-posted on the Application on account of any technical reasons due to any subsequent editing done by you. QDISCOUNTS shall not and is not required to mediate or resolve any dispute or disagreement between either Admins or sellers or Buyers and Sellers. vi. MEMBERSHIP ELIGIBILITY Use of the Application is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, etc. are not eligible to use the Application. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the QDISCOUNTS Application and shall not transact on or use the Application. As a minor, if you wish to use or transact on Application, such use or transaction may be made by your legal guardian or parents on the Application. QDISCOUNTS reserves the right to terminate your membership and/or refuse to provide you with access to the Application if it is brought to QDISCOUNTS's notice or if it is discovered that you are under the age of 18 years. vii. COMMUNICATIONS When You use the Application or send emails or other data, information, or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise. viii. PLATFORM FOR TRANSACTION AND COMMUNICATION The Application is a platform that Users utilize to meet and interact with one another for their transactions. QDISCOUNTS is not and cannot be a party to or control in any manner any transaction between the Application's Users. QDISCOUNTS does not make any representation or warranty as to specifics (such as quality, value, saleability, etc) of the products or services proposed to be sold or offered to be sold on the Application. QDISCOUNTS does not implicitly or explicitly support or endorse the offers for discount sale or services on the Application. QDISCOUNTS accepts no liability for any errors or omissions, whether on behalf of itself or third parties. •The Application is only a platform that can be utilized by Users to reach a larger base and to give information about products or services available in discounts. QDISCOUNTS is only providing a platform for communication and it is agreed that the contract for the sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall QDISCOUNTS hold any right, title, or interest over the products nor shall QDISCOUNTS have any obligations or liabilities in respect of such contract. ix. CHARGES Q points.- All your charges in Q-Discounts will be managed in terms of QPoints. You can purchase, transfer and use Qpoints. Membership on the Application is free for buyers. QDISCOUNTS does not charge any fee for browsing and getting information/getting discount code on the Application. Fee Policy will be applicable to all users except buyers. QDISCOUNTS reserves the right to change its Fee Policy from time to time. In particular, QDISCOUNTS may at its sole discretion introduce new services and modify some or all of the existing services offered on the Application. In such an event QDISCOUNTS reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Application and such changes shall automatically become effective immediately after they are posted on the Application. Unless otherwise stated, all fees shall be quoted in Indian Rupees which can be used to buy QPoints. These purchased QPoints can be used for various activities such as posting sales, redeeming, and can be transferred between admin, Business Associate, and Sellers. You shall be solely responsible for compliance with all applicable laws including those in India for making payments to QDISCOUNTS. x. USE OF THE APPLICATION You agree, undertake and confirm that your use of Application shall be strictly governed by the following binding principles: You shall not host, display, upload, modify, publish, transmit, update or share any information which: (a) The seller shall not offer to sell any commodity/service that is unsafe or whose use might cause injury to others or which belongs to another person and to which You does not have any right to; (b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; (c) is misleading in any way; (d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual; (e) The seller shall not list/advertise any service or product that will be causing any disrespect to any religious values, customs, or traditions and/or harasses or advocates harassment of another person; (f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming"; (g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (h) infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity]; (i) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); (k) provides material that exploits people in a sexual, violent, or otherwise inappropriate manner or solicits personal information from anyone; (m) contains video, photographs, or images of another person (with a minor or an adult). (n) tries to gain unauthorized access or exceeds the scope of authorized access to the Application or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Application or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (o) engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Application. Throughout this Terms of Use, QDISCOUNTS's prior written consent means a communication coming from QDISCOUNTS's Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization; (p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes or could be construed as being illegal; (q) interferes with another User's use and enjoyment of the Application or any other individual's User and enjoyment of similar services; (r) refers to any Application or URL that, in Our sole discretion, contains material that is inappropriate for the Application or any other Application, contains content that would be prohibited or violates the letter or spirit of these Terms of use. (s) harm minors in any way; (t) infringes any patent, trademark, copyright, or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products; (u) violates any law for the time being in force; (v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (w) impersonate another person; (x) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information; (y) threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation. (z) shall not be false, inaccurate, or misleading; (aa) shall not, directly or indirectly, offer, attempt to offer, trade, or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation, or guideline for the time being in force. (ab) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers; (ac) The seller shall clearly warn the consumer of any risk that may arise out of the use of any commodity that may be listed by the seller. (ad) You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Application or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Application or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Application. We reserve our right to bar any such activity. (ae) You shall not attempt to gain unauthorized access to any portion or feature of the Application, or any other systems or networks connected to the Application or to any server, computer, network, or to any of the services offered on or through the Application, by hacking, password "mining" or any other illegitimate means. (af) You shall not probe, scan or test the vulnerability of the Application or any network connected to the Application nor breach the security or authentication measures on the Application or any network connected to the Application. You may not reverse look-up, trace, or seek to trace any information on any other User of or visitor to Application, or any other customer, including any account on the Application not owned by You, to its source, or exploit the Application or any service or information made available or offered by or through the Application, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Application. (ag) You shall not make any negative, denigrating, or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by us including the terms QDISCOUNTS, QSoftware, QPoints,, or otherwise engage in any conduct or action that might tarnish the image or reputation, of QDISCOUNTS or sellers on the platform or otherwise tarnish or dilute any QDISCOUNTS's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Application or QDISCOUNTS's systems or networks, or any systems or networks connected to QDISCOUNTS. (ah) You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Application or any transaction being conducted on the Application, or with any other person's use of the Application. (ai) You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Application or any service offered on or through the Application. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. (aj) You may not use the Application or any content for any purpose that is unlawful or prohibited by these Terms of Use or to solicit the performance of any illegal activity or other activity which infringes the rights of QDISCOUNTS and/or others. (ak) You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules, and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, solicitation of offers to purchase. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. (al)From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner. (am)You shall not engage in advertising to or solicitation of, other Users of the Application to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Application or related to us. (an)You may not transmit any chain letters or unsolicited commercial or junk emails to other Users via the Application. It shall be a violation of these Terms of Use to use any information obtained from the Application in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deem appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Application) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with the investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Application and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Application, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Application You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Application. Please carefully select the type of information that you publicly disclose or share with others on the Application. QDISCOUNTS shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services). Contents Posted on Site All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, and artwork (collectively, "Content"), is a third party user-generated content and QDISCOUNTS has no control over such third party user-generated content as QDISCOUNTS is merely an intermediary for the purposes of this Terms of Use. QDISCOUNTS can help to create content and images on additional payment based on work estimates and written quotations. Except as expressly provided in these Terms of Use, no part of the Application and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including "mirroring") to any other computer, server, Application or another medium for publication or distribution or for any commercial enterprise, without QDISCOUNTS's express prior written consent. You may use the information on the products and services purposely made available on the Application for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents. (ao)You shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files, or other materials or information posted or transmitted to the Application (collectively, "Content"). Such content will become our property and You grant us the worldwide, perpetual, and transferable rights in such Content. We shall be entitled to, consistent with our Privacy Policy as adopted in accordance with applicable law, use the content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the content you provide. You agree that any content you post may be used by us, consistent with our Privacy Policy and Rules of Conduct on Site as mentioned herein, and you are not entitled to any payment or other compensation for such use. (ap)Users shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued thereunder and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the Rules made thereunder, Foreign Contribution Regulation Act, 1976 and the Rules made thereunder, Income Tax Act, 1961 and the Rules made thereunder, Export-Import Policy of the government of India) applicable to them respectively for using Payment Facility and QDISCOUNTS Application. (aq)If QDISCOUNTS has any suspicion or knowledge that any of its buyers and sellers are involved in any activity that is intended to provide claims or information that is false or not genuine, QDISCOUNTS may also, while reserving its rights to initiate civil and/or criminal proceedings against such member buyers and sellers, at its sole discretion, suspend, block, restrict, cancel the Display Name of such buyers and sellers and/or disqualify that user and any related users from availing protection through this program. xi. LIMITATION AND TERMINATION OF SERVICE You acknowledge and agree that QDISCOUNTS may establish limits from time to time concerning the use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, or other Content that may be transmitted or stored by the Service, and the frequency and the manner in which you may access the Service or the Platform. You acknowledge that your account is identified and linked through your mobile number, Facebook account, or email address through which you have registered. In the event you have more than one account linked through your mobile number, Facebook account, or email address, QDISCOUNTS reserves the right to remove or restrict the usage of such duplicate accounts. You acknowledge and agree that QDISCOUNTS has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Platform or the Service. You acknowledge and agree that QDISCOUNTS reserves the right at any time to modify, limit or discontinue the Service (or any part thereof) with or without notice and that QDISCOUNTS shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. You acknowledge and agree that QDISCOUNTS, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason or no reason at all, including, without limitation, if QDISCOUNTS believes that you have violated these Terms. Further, you agree that QDISCOUNTS shall not be liable to you or any third party for any termination of your access to the Platform or the Service. Further, you agree not to attempt to use the Service after any such termination. xii. DEALINGS WITH ORGANIZATIONS AND INDIVIDUALS You acknowledge and agree that QDISCOUNTS shall not be liable for your interactions with any organizations and/or individuals on the Platform or through the Service published by them. This includes, but is not limited to, interactions between admins, Business Associates, and sellers and payment and delivery of goods and services, and any other terms, conditions, warranties, or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals. You agree and acknowledge that QDISCOUNTS shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If there is a dispute between participants on the Platform, or between users and any third party, you understand and agree that QDISCOUNTS is under no obligation to become involved in such dispute. In the event that you have a dispute with one or more other users, you hereby release QDISCOUNTS, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown. xiii. DISCLAIMER Seller shall indemnify QDISCOUNTS /the buyer from any cost, damage, liability, or other consequence of any of its actions . Notwithstanding its reasonable efforts on that behalf, QDISCOUNTS cannot take responsibility or control the information provided by other Users which is made available on the Application. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Application. Please note that there could be risks in dealing with underage persons or people acting under false pretense. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE PLATFORM AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE PLATFORM AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW QDISCOUNTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF. QDISCOUNTS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM'S CONTENT OR THE CONTENT OF ANY THIRD-PARTY APPLICATIONS LINKED TO THE PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM OR THE SERVICE. QDISCOUNTS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED APPLICATION OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND QDISCOUNTS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR 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. xiv. LIMITATION OF LIABILITY QDISCOUNTS we do not warrant that the Product description or other content of this Application is accurate, complete, reliable, current, or error-free and assumes no liability in this regard. This Application, all the offers and discounts posted by the seller shall be availed directly by the buyer from the seller (including but not limited to software) and Without prejudice to the foregoing paragraph, QDISCOUNTS does not warrant that: This Application will be constantly available, or available at all; or The information on this Application is complete, true, accurate, or non-misleading. QDISCOUNTS will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Application. QDISCOUNTS does not warrant that this site; information, Content, materials, product (including software), or services included on or otherwise made available to You through the Application; their servers; or electronic communication sent from Us are free of viruses or other harmful components. Nothing on the Application constitutes or is meant to constitute, advice of any kind. IN NO EVENT SHALL QDISCOUNTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF QDISCOUNTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PLATFORM OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PLATFORM OR THE SERVICE, FROM INABILITY TO USE THE PLATFORM OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PLATFORM OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE PLATFORM, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS, OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE QDISCOUNTS SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT QDISCOUNTS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE PLATFORM IS CONTROLLED AND OFFERED BY QDISCOUNTS. QDISCOUNTS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM IS APPROPRIATE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW. xv. ASSIGNMENT These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by QDISCOUNTS without restriction. xvi. PRIVACY Your Account and Registration Obligations- When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, IMEI number, time zone, location information such as latitude and longitude, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what Applications or search terms referred you to the Site and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”. We also collect your data during registration and will be used to encourage your discounts with our sellers and also with our service providers