Term and Conditions of Qbnox Systems
WITH EFFECT FROM August 25th 2017
Welcome to lms.qbnox.com (the “Website”). This Website is owned and operated by QBNOX SYSTEMS PRIVATE LIMITED, a company incorporated in India, having its registered office at IIIT,C/O IBM ENTERPRISES, BLOCK A, OPP CMC LTD,SURVEY NO.25, GACHIBOWLI, Hyderabad, Telangana, India, 500019 (the “Company” or “us” or “we,” which expression would mean and include its officers, successors and permitted assigns). The Website is an online platform for AI enabled hiring and assessment services (“Services”).
1. APPLICABILITY AND AMENDMENT OF TERMS
1.2 Your use of the Website or the Services will signify your acceptance of the Agreement and your agreement to be legally bound by the same. If you do not agree to or wish to be bound by the terms of the Agreement, you may not access or otherwise use the Website or the Services.
1.4 Nothing in the Agreement should be construed to confer any rights to third party beneficiaries.
2. REGISTRATION AND ACCESS
2.1 If you wish to avail the Services, you will have to register on the Website and become a registered user. By registering on the Website, you agree that you are appointing the Company to provide you the Services on the terms of the Agreement [and on such terms as may be mutually agreed between the parties]. To register on the Website, you will have to provide certain information such as your name, contact details such as email and phone number in relation to the Services. Following this, an exclusive user name and password will be created for you.
2.2 Registration is only a one-time process, and if you have previously registered on the Website, you may log into your account using the same credentials as provided by you during the registration process. 2.3 When you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile or other similar devices to prevent unauthorized access to your account. We request you to safeguard your password and your account and make sure that others do not have access to it. It is your responsibility to keep your account information current and accurate. You agree to (a) ensure that you exit from your account at the end of each session, and (b) immediately notify the Company of any unauthorized use of your account information or any other breach of security. The Company cannot, and will not, be liable for any loss or damage arising from your failure to comply with these conditions. You may be held liable for losses incurred by the Company or any other user of or visitor to the Website due to the authorized or unauthorized use of your account as a result of your failure to keep your account information secure and confidential.
2.4 We reserve the right to refuse access to the Website, to terminate accounts, remove or edit content at our discretion.
2.5 We will try to make the Website error-free. Your access to the Website may be occasionally suspended or restricted to allow for repairs, maintenance, or for the introduction of new facilities or services. However, we do not take responsibility for internet-related issues at your end.
3. WEBSITE CONTENT
3.1 We grant you a limited license to access and make personal use of this Website. However, all information, content, and material contained in the Website is and continues to be Company’s intellectual property. Further, all trademarks, services marks, trade names, and trade secrets are proprietary to the Company. No information, content or material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express written permission. Any unauthorized use terminates the permission or license granted by us in terms of the Agreement.
3.2 You expressly understand and agree that:
a) The information, content, and material on the Website and/or Service is provided on an “as is” and “as available” basis. The Company and all its subsidiaries, affiliates, officers, employees, agents, and partners, if any, disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties on merchantability, fitness for a particular purpose and non-infringement;
b) The Company does not warrant that (i) the functions contained in any content, information and material on the Website, including, without limitation any third party sites or services linked to the Website and / or that the Service will be uninterrupted, timely or error-free, (ii) the defects will be rectified, or that the Website or the servers that make such content, information and materials available are free of viruses or other harmful components;
c) Any material downloaded or otherwise obtained through the Website is accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system; and
4. REPRESENTATIONS AND WARRANTIES BY THE USERS
4.1 By using the Website, you represent and warrant that:
a) You are 18 years of age or older and that your use of the Website will not violate any applicable law or regulation; and
b) All information provided on the Website by you is true, factual, and accurate, and you agree to maintain the accuracy of such information.
5. CONDITIONS OF USE
5.1 You shall use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.
5.2 You covenant that you will not:
a) modify any content of the Website;
b) decompile, reverse engineer or disassemble the content;
c) use the Service in any way that is unlawful or harms the Company or any other person or entity, as determined in Company’s sole discretion;
d) make false or malicious statements against the Services or Website or the Company; e) post, copy, submit, upload, distribute or otherwise transmit or make available any software or other computer files that contain a virus or other harmful components, or otherwise impair or damage the Website and / or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Website and / or the Services;
f) engage in any form of antisocial, disruptive or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the internet; g) post or upload any content that is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party;
h) delete or modify any content of the Website and / or Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify; and
i) host, display, upload, modify, publish, transmit, update, or share any information that: i. belongs to another person and to which the user does not have any right;
ii. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
iii. harm minors in any way;
iv. infringes any patent, trademark, copyright or other proprietary rights;
v. violates any law for the time being in force;
vi. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii. impersonates another person;
viii. 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.
6. LINKS TO THIRD PARTY WEBSITES
You hereby agree to indemnify, defend and hold the Company, the Company’s agents, affiliates, representatives, authorized users, employees and assigns harmless from and against any and all losses, damages, liabilities and costs arising from your use of the Website or the Services and / or the violation of the Agreement by you.
8. LIMITATION OF LIABILITY
8.1 You acknowledge and undertake that you are accessing the Services through the Website, transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Website.
8.2 To the fullest extent permitted by law, under no circumstances will the Company be liable to you or any other person or entity for any direct, indirect, incidental, special, remote or consequential damages, including but not limited to damages for loss of profits, goodwill, data or other intangible losses, resulting from any circumstances, including:
a) the use or the inability to use the Services; or
b) unauthorized access to or alteration of your transmissions or data; or
c) any other matter relating to the Website and/or Services whether or not foreseeable and whether or not the Company has been advised of the possibility of such damages.
8.3 We shall neither be liable nor responsible for any actions or inactions of the other users of the Website nor any breach of conditions, representations, or warranties by them. We do not take any obligation to mediate or resolve any dispute or disagreement between you and the other users of the Website.
8.4 Further, none of the directors, officers, or employees of the Company shall be personally liable for any action in connection with the Website or the Services.
9. FEES AND EXPENSES
9.1 You will be required to pay the Company a subscription fee at the time of choosing a subscription plan on the Website. This fee shall be indicated to you on the pricing page.
10. COPYRIGHT AND DATABASE RIGHTS
10.1 All content included on the Website, such as photographs, text, graphics, logos, button icons, images, and software, is the exclusive property of the Company, its affiliates or its content suppliers. 10.2 The compilation of all content on the Website is the exclusive property of the Company. 10.3 All software used on this Website is the property of the Company or its software suppliers. You shall not systematically extract and/or re-utilize parts of the contents of the Website without the Company’s express written consent. In particular, you shall not utilize any data mining, robots, or similar data gathering and extraction tools to extract (either once or a number of times) for re-utilization of any substantial parts of this Website without the Company’s prior and express written consent. 10.4 You shall not create and/or publish your own database that features substantial parts of this Website [(e.g. prices and product listings)] without the Company’s express written consent. You further agree not to access or use this Website in any manner that may be harmful to the operation of this Website or its content.
QBNOX SYSTEMS and other marks indicated on the Website are trademarks or registered trademarks of the Company in the Indian jurisdiction. All other trademarks not owned by the Company that appears on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.
a) suspend or terminate your access to the Website with or without notice to you; and b) to remove such non-compliant information from the Website; and
c) to exercise any other remedy available under law.
Any suspected illegal, fraudulent or abusive activity will be grounds for terminating your access to the Website. Upon suspension or termination, your right to avail the Services and access to the Website will immediately cease and Company reserves the right to remove or delete your information that is available, including but not limited to login, account information and information posted by you.
13. ACCESS OUTSIDE [REPUBLIC OF INDIA]
14. GOVERNING LAW AND JURISDICTION
The Agreement and all transactions entered into and the relationship between you and the Company shall be governed in accordance with the laws of India without reference to any conflict of laws principles. You agree that [subject to Paragraph 15 below] [Note: retain the words ‘subject to Paragraph 15 below’ only if Paragraph 15 is retained], courts at Hyderabad, India shall have exclusive jurisdiction over any disputes arising under or in connection with your use of the Website or the Services.
15. ARBITRATION Any dispute arising between the Company and the users / visitors of the Website may be resolved by (i) litigating before courts or (ii) through alternate dispute resolution methods such as mediation, conciliation, and arbitration. Please determine the preferred method of dispute resolution. If the Company prefers to litigate the dispute in a court of law over arbitration, then this clause may be deleted and clause 19 above will instead govern the resolution of disputes.
Any dispute, claim or controversy arising out of or relating to the Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of the Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, will be determined by arbitration in India, before a sole arbitrator. Arbitration will be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration will be Hyderabad, India. All proceedings of such arbitration, including, without limitation, any awards, will be in the English language. The award will be final and binding on the parties.
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision will be excluded from the Agreement and the remainder of the Agreement will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that in such event the Agreement will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
17. REPORT ABUSE
19. NEWSLETTERS AND COMMUNICATIONS
You hereby expressly agree to receive communications and newsletters from the Company by SMS, Messengers and e-mails. You can unsubscribe / opt-out from receiving communications and newsletters from the Company at any time by sending a STOP message to SMS and Messenger communications and for email communication click the unsubscribe link within the email.
20. GRIEVANCE OFFICER
If you have any grievance with respect to the Website or the Services, including any discrepancies and grievances with respect to the processing of information, you can contact our Grievance Officer at:
Name: Vasantha Malini Pittla,
Address: IIIT,C/O IBM ENTERPRISES, BLOCK A, OPP CMC LTD,SURVEY NO.25, GACHIBOWLI, Hyderabad, Telangana, India, 500019
Phone: +91 89195-37766
No term of the Agreement will be deemed waived and no breach excused unless such waiver or consent is in writing and signed by the Company. Any consent by Company, or waiver of a breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
22. FORCE MAJEURE
We will not be responsible for any delay or failure to comply with our obligations under the Agreement if the delay or failure arises from any cause which is beyond our reasonable control.
23. ELECTRONIC RECORD
24. COMPLETE UNDERSTANDING
The Agreement contains the entire understanding of the parties, and there are no other written or oral understandings or promises between the parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.