Terms of Use
1. Background
1.1. Quikchex services, mobile applications, website applications, websites, APIs, documentation, servers, and all other Intellectual Property, software, and infrastructure (collectively to “Services”) are owned, registered and operated by Quikchex Private Limited (“Quikchex”), a company, incorporated in India.
1.2. These Terms of Use (“Terms of Use”), which include and hereby incorporate the Privacy Policy at https://quikchex.in/privacy-policy/ (“Privacy Policy”), are a legal agreement between the Quikchex and you (“Client”), who uses Quikchex’s Services in any of the following capacities:
– As a legal representative of the Client
– As an administrative user of the Client’s account, responsible for the management and processing of your company’s data
– As a licensor user of Quikchex, managing your respective clients through Quikchex Services
– As a client of Licensor User of Quikchex
– As an employee user of the Client
1.3. We reserve the right to make changes to these “Terms of Use” at any time. Any such modifications will become effective instantly upon posting to our website, accessible and your continued usage of Services constitutes your agreement to such modifications. You agree to periodically review the current version of these Terms of Use as posted on our website.
2. Services and Restrictions on Usage
2.1. You may use the Service in accordance with our contractual arrangement with you or your Employer / organization / company that you represent.
2.2. Subject to your compliance with these Terms of Use, Quikchex grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access the Service.
2.3. You agree not to (and not to attempt to) use the Service for any use or purpose other than as expressly permitted by these Terms of Use.
2.4. Quikchex reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Quikchex reserves the right to refuse any user access to the Service without notice for any reason, including but not limited to a violation of the Terms of Use.
3. Privacy
Please read the Quikchex Privacy Policy on our website (the “Privacy Policy”) (https://quikchex.in/privacy-policy/ ) as it describes the types of data we collect from you and your devices (“Personal Data”), how we use your Data, and the legal basis for which we have to process your Personal Data.
4. Usage of Quikchex Services
4.1. You are responsible for maintaining the security of the devices on which the Quikchex Product is installed and/or used, as well as the security of your account associated with Quikchex Services. You are responsible for all activities that occur through using Quikchex Services under your account.
4.2. You may only access the Quikchex Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any or all provisions of Applicable Law pertaining to your use of the Quikchex Services. You agree that you will not in any way:
– Interfere with the ability of others to access or use Quikchex Services.
– Interfere with or disrupt the Services or servers or networks connected to Quikchex Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.
– Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, DDOS, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or other users’ computers.
– Violate any Applicable Laws or regulations, or promote and encourage any illegal activity including, but not limited to hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service.
5. Services: Termination & Cancellation
5.1. As a Client of Quikchex, you agree to:
– Provide a 60-day notice period to Quikchex by sending mail to support@quikchex.in / accounts@quikchex.in “Sub: Termination; Cancellation” for any reason.
– Quikchex reserves the right to discontinue services if payments have not been paid in 60 days. You may not resell, assign, and transfer any of your rights under, which might result in termination of standard agreement. Quikchex may assign this agreement to any Affiliate Business Implementation Partner at any time without notice.
5.2. The agreement between you and Quikchex will be of continuous nature, unless termination process (described above) is followed by either party
6. Governing Law
These Terms of Use shall be governed by and constructed in accordance with the laws of India, without reference to conflict of laws & principles. The arbitration proceeding shall be in accordance with and be governed in terms of the Arbitration and Conciliation Act 1996 and any statutory amendment made thereon or any reenactment made thereto. The place of arbitration shall be Mumbai. Any disputes arising out of this contract shall be subject to Indian Laws and the parties here by submit to the exclusive jurisdiction of courts at Mumbai
7. Data Confidentiality and Ownership
Company will keep all information entrusted to it as a Service Provider in complete confidence and ensure that all its employees, directly or indirectly, shall not communicate or disclose any information or document relating to the services they are handling.
Quikchex does not own any data, information or material that Client submits in the course of using the Service. In the event this Agreement is terminated, Client will be able to access any Data within 90 days of the end-date of the agreement, post-which Quikchex shall have no obligation to maintain any data going forward.
Source code and software applications used by the Client under this agreement that have been developed by Quikchex, shall remain under the exclusive ownership of Quikchex, regardless of any inputs or contributions made by the Client.
8. Nature of Relationship
The relationship between Client and Quikchex for the purpose of this assignment will be that of a Service Seeker and Service Provider. Quikchex will not act in any fiduciary capacity on behalf of the Client or its employees. Quikchex will not perform any management functions, or make any management decisions or otherwise perform in a capacity equivalent to that of an agent of the Client.
Client is solely responsible for all disbursement of funds and payment of all liabilities, including (but not limited to) payment of Provident Fund, ESIC, Professional Tax, Labour Welfare Fund and Salary TDS on a state-by-state basis, as well as payment of wages, reimbursements and any other claims to Employees.
Quikchex will not be responsible for any errors, omissions made by the Client. While Quikchex might provide assistance to Client, Quikchex but will not responsible if the Client is non-compliant with Payroll, Tax and Statutory Compliances. Client shall hold Quikchex, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with the use of its services.
While Quikchex might provide assistance to Client, Quikchex will not be responsible for ensuring that the Client comply with the various labor and statutory laws in India, including Minimum Wage Act, Shops and Establishment Act, Bonus Act, Contract Labour Act, Maternity Benefit Act, Payment of Wages Act and any other regulations that might apply to their employees.
9. No-Hire Provision
Client agrees to a “no-hire” provision, where they agree not to recruit or hire current Quikchex employees that serve or have served in any account management capacity with the Client.
10. Commercial Terms and Scope of Work
The Commercial Terms and Scope of Work will be determined based on a client specific Term Sheet shared by Quikchex with the Client. The term sheet will be governed by these terms and conditions, unless indicated otherwise. All commercial terms are subject to change, and Client will be provided with a 30 day notice in case of any changes to the commercial terms
11. FORCE MAJEURE
This AGREEMENT shall not in any way be affected nor shall either Party hereto be held liable for any penalty failures or delay in the performance of any undertaking, term or condition herein, if such failure or delay is due to any cause or causes beyond its control, including but not limited to fire, flood, perils of the sea or air accident, act of God, act of foreign or domestic de jure or de facto Government, whether by law, order, legislation, decree, rule, regulation or otherwise, revolution, civil disturbance, declared or undeclared war, act of interference or action by civil or military authorities or due to any other cause beyond the either Party’s control. The Party affected by Force Majeure condition shall forthwith immediately notify the other Party of the nature and extent thereof and shall make best efforts to mitigate such condition.