Effective date: August 1, 2020
Thank you for your interest in using the online services operated by QuBeta Systems Private Limited (hereafter called “QSPL”) with its Online Learning Portal and Mobile app called e-Gurukul Life. These Terms of Service govern your use of online and/or mobile services, websites, and software provided on or in connection with https://www.e-gurukul.life (collectively, the “Service”), which are offered through (i) https://www.e-gurukul.life (ii) mobile applications associated with https://www.e-gurukul.life and (iii) any other QSPL website, app or online service which links to these Terms of Service.
A note about Learners’ (Kids, Children, Family, and Professionals Data: This Service which QSPL provides and its user get subscriptions, we may collect or have access to User Type Data (defined below), which may be provided by the user itself. We consider such Learners Data to be strictly confidential and in general, do not use such data for any purpose other than improving and providing our Services to them. Our collection, use, and sharing of Learners Data is governed by this Agreement and any applicable laws and.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.
1. THE SERVICE
The Service helps its users to learn and practice various subjects including mathematics, language arts, science, and social studies to acquire knowledge, improve various skills, and built his own human and moral values. Unless explicitly stated otherwise, any new or improved features to the Service shall be provided subject to this Agreement. You understand and agree that the Service is provided “as-is” and that QSPL assumes no responsibility for any mistakes, errors, or omissions, including any unavailability of the Service or deletion or loss of any data relating to the Service.
QSPL grants you a personal, non-transferable, and non-exclusive right and license to use the Service. You agree that you will not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software or its Digital Content. You agree not to download Digital Content and modify in any manner or form, or to use modified versions of the Content, including (without limitation) for obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the application or interface that is provided by QSPL for use in accessing the Service.
To use the Service, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees or other costs associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access devices. QSPL will not be liable for any Internet Services quality or SLA, its payment used by users with any of the devices.
2. ELIGIBILITY AND AUTHORITY
QSPL does not sell the Service Directly to children, but only to adults who can purchase the Service with permitted payment method available in India. If you are under eighteen (18) years of age, you may use the Service only with the involvement and consent of a parent, legal guardian.
If you open https://www.e-gurukul.life account to provide the Service to students or children, you represent and warrant that you are an authorized representative of the family with the authority to bind to this Agreement and that you agree to this Agreement on the Family’s behalf. If you contact QSPL to take any action with respect to an account, you represent and warrant that you have all the necessary authority to request such action(s) from or on behalf of the account-holder.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or QSPL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, QSPL has the right to suspend or terminate your account and refuse all current or future use of the Service (or any portion thereof).
4. GENERAL ACCOUNT INFORMATION
QSPL sells access to the Service to a subscriber in the form of an account. Each account is provided for a term and price subject to certain renewal, cancellation, and other terms and conditions specific to the account (the “Account Terms”). The Account Terms are identified (in order of precedence) in the then-current quote or sales contract for the account, the selections made and account-specific terms disclosed when signing up for the account (which may be confirmed by e-mail), the description of account terms accessible through the QSPL and https://www.e-gurukul.life website when signed in to an appropriate user associated with the account and the default Account Terms set forth below. Each account may have Account Terms in addition to or different from those as set forth in this Agreement, but only to the extent set forth in a signed writing by the account subscriber and an officer of QSPL.
QSPL and https://www.e-gurukul.life provides a variety of “account types” which may apply depending on the subscriber and the way a QSPL and https://www.e-gurukul.life account is created. Each account type has a default set of Account Terms which apply unless superseded as set forth above. QSPL reserves the right to provision accounts that do not belong to any of these default account types and/or to provision accounts with different Account Terms regardless of its account type.
- Family Account: A family account is purchased by or for a Parent with a family of the parent (father and mother) or single parent along with 2 children of any age group below 13 years. Family accounts are generally only available for purchase through the QSPL https://www.e-gurukul.life website or a third-party app store using any payment method available on it. A family account typically includes child profiles that can be used by a Parent’s child at the Parent’s direction. Family account subscriptions are generally for a term of one month, six months, or one year. The term is disclosed at the time of purchase. If multiple terms are available, the term can be selected at the time of purchase or later changed by contacting email@example.com. Family accounts automatically renew. See Section 6 below for more information about automatic renewal and cancellation of automatically renewing accounts.
- Student Account: A student account is purchased by a student who has attained the age of 14 years and above. Student accounts may generally be purchased either through the QSPL or https://www.e-gurukul.life website. A student account typically includes a single student user. A student account is typically for a term of one year. The term is disclosed at the time of purchase. Student accounts can be renewed with payment made in advance.
- Professional Account: A professional account is purchased by a working professional who has attained the age of 18 years and above. Professional accounts may generally be purchased either through the QSPL or https://www.e-gurukul.life website. A Professional account typically includes a single student user. A professional account is typically for a term of one year. The term is disclosed at the time of purchase. Student accounts can be renewed with payment made in advance.
Quotes and Proposals: Any quotes or proposals provided by QSPL are valid only for a limited time and are effective only with the agreement of the relevant parties. Quotes and proposals may be withdrawn by QSPL at any time in its sole discretion. Quotes and proposals may include information that is proprietary and confidential to QSPL and to the maximum extent permitted by law may not be disclosed to anyone other than their intended recipient. By requesting and/or accepting receipt of a quote or proposal from QSPL you agree to keep such quotes or proposals confidential, to not disclose such quotes or proposals to any third party, and to immediately return and/or destroy all quote and proposal materials upon receiving a request to do so from QSPL. To the extent that public records laws may apply to a quote or proposal provided by QSPL, you agree to immediately notify QSPL of any public records request that may result in disclosure of a QSPL quote or proposal and provide QSPL all reasonable opportunities to take steps to prevent such disclosure to the maximum extent permitted by law and will reasonably cooperate with QSPL.
Payments: The accounts have the option to make payment by online methods only. QSPL does not take any payment in cash or any other written payment instruction. Suspension of an account does not relieve the account-holder of its obligation to pay for the account.
Cancellation: Except as set forth below or otherwise agreed by QSPL in a signed writing, accounts may not be canceled until the end of the current term of the account. Unless otherwise provided for herein, all cancellations requested before the end of the then-current term will be effective at the end of the current term.
Refund: We do not provide refunds or credits for any partially used membership periods. To cancel your membership, sign in to your https://www.e-gurukul.life account and click the words “Cancel membership” on your Membership details page. Please note that no refunds shall be claimed or will NOT be entertained once Membership Cancelled.
5. ACCOUNTS AND DATA
Section 5 applies to an account use of the Service.
When QSPL or https://www.e-gurukul.life is used by users for an educational purpose, QSPL may collect or have access to all User Data that is provided by the user. The “Family Data”, “Student Data” and “Professional Data” are personal information that is directly related to an identifiable person and may include personal and educational information.
Compliance with Laws: QSPL may collect and process these Data applicable laws relating to data privacy, and with all other laws and regulations governing the protection of users Data.
Use of User’s Data. By submitting, providing us access to, or causing us to receive Data, you agree that QSPL may use the Data for the purposes of (i) providing the Service, (ii) improving and developing our Service, (iii) enforcing our rights under these Terms, and (iv) as permitted with the User’s consent.
Use of De-Identified or Anonymized user Data. You agree that both before and after the term of the Agreement, QSPL may collect, analyze, use, and retain data derived from User Data as well as data about users’ access and use of the Service, for the purpose of operating, analyzing, improving or marketing the Service, developing new products or services, conducting research or other purposes, provided that QSPL may not share or publicly disclose information that is derived from Student Data unless such data is de-identified and/or anonymized such that it cannot reasonably identify a specific individual.
Use of Personal Information for Marketing. You agree that QSPL may provide customized content, advertising, and commercial messaging to non-subscribed users from time to time, provided that such advertisements shall not be based on User’s Data. For emphasis, and without limitation, QSPL shall never use Users Data to engage in targeted advertising.
Users Data Access and Deletion Requests. You may request that we delete Data in our possession at any time by providing such a request in writing, and we shall comply with such request within thirty (30) days, except that QSPL shall not be required to delete Data that has been moved to a personal family account on the Service or as otherwise prohibited by law. A parent or student over the age of 18 seeking to access, modify, correct, or delete personal information in a student account that is connected to a Family account will be instructed to contact the Parent to discuss data deletion or modification. QSPL is not required to delete data that has been derived from Student Data if such data is de-identified and/or anonymized such that it cannot reasonably identify a specific individual.
Data Security and Breach Notification. We have implemented administrative, physical, and technical safeguards designed to secure the personal information in QSPL’s possession and control from unauthorized access, disclosure, and use. If an unauthorized party gains access to or has been disclosed Data (a “Security Event”), that we have collected or received through the Service under this Agreement, we will promptly notify the users.
6. MEMBERSHIP AND BILLING FOR ACCOUNTS WITH AUTOMATIC RENEWAL
This Section 6 applies to accounts that have been created through the Service using a online payment and automatically renew.
You can find specific details regarding your membership with QSPL or https://www.e-gurukul.life at any time. Simply sign in to your e-Gurkul Life account, click on the account menu in the upper-right corner, and select Membership details.
Billing and Automatic Renewals.
MEMBERSHIP SUBSCRIPTION RENEWAL FEES WILL BE INFORMED TO YOU TO RENEW WELL IN ADVANCE.
By starting your QSPL membership, you are expressly agreeing that we are authorized to charge you the membership fee associated with the term of your membership (e.g., monthly or yearly) you chose during registration. Thereafter, we will automatically renew your subscription on each (monthly or yearly) anniversary of your subscription date, and as authorized by you by checking the box demonstrating your consent for automatic monthly/yearly renewals of your subscription during the sign-up process, we will charge your then-current payment method (or to a different payment method if you change your account information) associated with your account with the applicable then-current fee and any sales or similar taxes that may be imposed. Please note that prices and charges are subject to change with notice. As used in this Agreement, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method.
You acknowledge that the amount billed each billing period may vary for reasons that include differing amounts due to changes in your membership plan, and you authorize us to charge your Payment Method for such varying amounts. Payments are nonrefundable and there are no refunds or credits for partially used periods. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information from your Membership details page. To access your Membership details page, sign in to your or https://www.e-gurukul.life account, click on the account menu in the upper-right corner, and select Membership details. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
You must cancel your membership before it renews each billing period to avoid billing of the next membership fee to your Payment Method. The membership fee will be billed at the beginning of the paying portion of your membership and each month or year thereafter unless and until you cancel your membership. Sign in to your or https://www.e-gurukul.life account, click on the account menu in the upper-right corner, and select Membership details to see the commencement date for your next renewal period. We automatically bill your Payment Method each month or year on the calendar day corresponding to the commencement of your paying membership. Membership charges are fully earned upon payment.
Note: In the event your monthly membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31, your Payment Method would next be billed on February 28.
Cancellation of Automatic Renewals. You may cancel your or https://www.e-gurukul.life membership at any time, and cancellation will be effective immediately. You will continue to have access to the program until the current billing period ends. We do not provide refunds or credits for any partially used membership periods. To cancel your membership, sign in to your or https://www.e-gurukul.life account and click the words “Cancel membership” on your Membership details page. Follow the instructions for cancellation under the heading “Cancel Membership.”
Price Changes. We reserve the right to adjust the pricing for our Service, including but not limited to membership subscription plans, in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in this Agreement, any price changes will take effect following the posting or other notice to you (e.g., e-mail or message).
7. ACCOUNT PASSWORD AND SECURITY
You will have a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify QSPL and/ or https://www.e-gurukul.life of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. QSPL cannot and will not be liable for any unauthorized access to your account or data that arises from your acts or omissions.
https://www.e-gurukul.life accounts may not be shared by more than one person or organization unless express authorization is given by QSPL.
8. USER CONTENT
You are solely responsible for any content that you create, transmit, or display while using the Service.
The Service or QSPL and /or https://www.e-gurukul.life may now or in the future allow Users to submit, post, display, provide, or otherwise make available content such as text, images, comments, questions, and other content or information (any such materials a User submits, posts, displays, provides, or otherwise makes available on the Service is referred to as “User Content“).
We claim no ownership rights over User Content created by you. The User Content you create remains yours.
By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the Service or to QSPL, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to QSPL a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and QSPL’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.
You must have the legal right to the User Content you submit to the Service. You may not upload or post any User Content to the Service that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload User Content that violates any third party’s right of privacy or right of publicity. You may post only User Content that you have permission to post by the owner or by law.
9. COPYRIGHT COMPLAINTS
If you believe that your or any other’s copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify QSPL’s copyright agent:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Service;
- Information reasonably sufficient to permit QSPL to contact you, such as your address, telephone number, and, e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following address:
QuBeta Systems Private Limited
D-203, Olympia, Lodha Paradise
Mumbai – 400 601
M: +91 – 98253 18691
QSPL has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. QSPL may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
10. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with and are solely responsible for ensuring compliance with all local laws, regulations, and rules in the jurisdiction(s) in which you reside.
To the extent permitted by applicable law, you agree to indemnify and hold QSPL, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) content you submit, post, transmit or make available through the Service, including without limitation, User Content, (ii) your use or misuse of the Service, (iii) your connection to the Service, (iv) your violation of the Agreement, (v) your violation of any applicable law or the rights of another person or entity, (vi) your willful misconduct, or (vii) any other party’s access and use of the Service with your unique username, password, or other appropriate security code. QSPL reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
12. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
13. NOTIFICATION PROCEDURES AND MODIFICATIONS TO AGREEMENT
QSPL may provide notifications, whether required or provided by law or otherwise, to you via e-mail notice or through posting of such notice on our website, as determined by QSPL in our sole discretion.
QSPL may, in its sole discretion, modify or update this Agreement from time to time, which will be reflected in the `date last modified´ set forth below. If we change this Agreement in a material manner, we will update the `Effective Date´ at the top of this page and notify you that material changes have been made to this Agreement. Your continued use of the Services following such update constitutes your acceptance of the revised Terms. If you do not agree to any of the terms in this Agreement or to any future terms in a future revision of this Agreement, do not use or access (or continue to access) the Service.
Notwithstanding the foregoing, QSPL shall not make any material change to the Terms that relate to the collection or use of Data without first giving notice to the parent and providing a choice before the Student Data is used in a materially different manner than was disclosed when the information was collected.
In the event that you have entered into a signed, written agreement with QSPL in addition to this Agreement, any changes to this Agreement will not be effective as to you until either (a) you affirmatively accept the changes to this Agreement, either electronically or in a signed writing or (b) upon renewal at the end of the current term of your account.
You will not be permitted to continue using the Service and QSPL reserves the right to cancel your account without notice if you refuse or otherwise fail to accept changes made by QSPL to this Agreement.
Notices that are required or permitted to be sent to QSPL must be sent to the following mailing address by certified mail with a copy sent by e-mail.
QuBeta Systems Private Limited
D-203, Olympia, Lodha Paradise
Mumbai – 400 601
M: +91 – 98253 18691
14. MODIFICATION OR TERMINATION OF SERVICE
QSPL reserves the right at any time and from time to time to modify or temporarily discontinue the Service (or any part thereof) with or without notice. You agree that QSPL and /or https://www.e-gurukul.life shall not be liable to you or to any third party for any modification, suspension, or temporary discontinuance of the Service. In the event of permanent discontinuance of the Service, QSPL’s liability is limited to the paid subscription price, pro-rated to the amount of time remaining on the subscription.
You agree that QSPL, in its sole discretion, may suspend or terminate your password, account (or any part thereof) or use of the Service, for any reason, including, without limitation, for lack of use or if QSPL believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Service under any provision of this Agreement may be implemented without prior notice, and you acknowledge and agree that QSPL and /or https://www.e-gurukul.life may immediately deactivate or delete your account and all data relating to your account and/or bar any further access to the Service. Further, you agree that QSPL shall not be liable to you or any third party for any termination of your access to the Service.
The Service may provide, or third parties may provide, links to other Internet websites or resources. Because QSPL has no control over such sites and resources, you acknowledge and agree that QSPL is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that QSPL shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
16. QSPL’s PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary Digital Content used in connection with the Service (“Digital Content”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by QSPL or advertisers, you agree not to copy, modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Any automated scraping; harvesting, indexing, mining, or any other extraction of any content from the Service is expressly prohibited.
QSPL reserves the right to cancel your account without refund if it is determined that you have violated this section of the Agreement.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. QSPL EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS 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.
- QSPL MAKES NO WARRANTY OR CONDITION THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM QSPL OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE AGREEMENT.
- EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN CLAIMS OR DAMAGES SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
18. ADDITIONAL TERMS FOR MOBILE APPLICATIONS
Mobile Applications, Generally. We may make available software to access the Service via a mobile device (“Mobile Applications”). To use a Mobile Application, you must have a mobile device that is compatible with at least one of the Mobile Applications. QSPL does not warrant that the Mobile Applications will be compatible with your mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your internet service provider for these services. You agree that you are solely responsible for any such charges. QSPL hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one QSPL User Account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Applications to any third party or use the Mobile Applications to provide time-sharing or similar services for any third party; (iii) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Applications, features that prevent or restrict use or copying of any content accessible through the Mobile Applications, or features that enforce limitations on use of the Mobile Applications; or (iv) delete the copyright and other proprietary rights notices on the Mobile Applications. You acknowledge that QSPL may from time to time issue updates and upgrades, including but not limited to upgraded versions of the Mobile Applications, and may automatically electronically upgrade the version of the Mobile Applications that you are using on your mobile device. By installing the Mobile Applications, you consent to the activation of the Mobile Application by QSPL, and to all future automatic upgrading and updating on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. You can withdraw your consent at any time by uninstalling the Mobile Applications. Any third-party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Applications or any copy thereof, and QSPL or its third-party partners or suppliers retain all right title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. QSPL reserves all rights not expressly granted under this Agreement.
Mobile Applications from Google Play Store. The following applies to any Mobile Applications you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that the Agreement is between you and QSPL only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) QSPL, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to QSPL’s Google-Sourced Software.
19. GENERAL TERMS: This Agreement, together with any amendments and any additional agreements you may enter into with QSPL relating to the Service, shall constitute the entire agreement between you and QSPL and govern your use of the Service, superseding any prior agreements between you and QSPL. We object to and reject any additional or different terms proposed by you, including those contained in your purchase order, acceptance, or website. This Agreement may only be superseded by a signed, notarized writing executed by an officer of QSPL. The failure of QSPL to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
20. CUSTOMER CARE:
We make all the best endeavors to provide You with a pleasant experience. In the unlikely event that You face any issues, please contact us at firstname.lastname@example.org
Last Updated: August 1, 2020