QualityKiosk owns or operates websites and offers a number of services which may be accessed via the internet through a variety of devices or transmission types which may be now known or here after developed (the “QualityKiosk Service”).
All QualityKiosk Services are subject to QualityKiosk Terms of Service (“QKTOS”). This QKTOS may be updated by QualityKiosk, at our sole discretion, at any time and without notice to you. In addition, when using any QualityKiosk Service you agree to comply with all local, state, federal and International laws, rules and regulations.
You acknowledge and agree that the QualityKiosk Service may include periodic communication from QualityKiosk, such as marketing announcements; administrative messages; technical bulletins; or product announcements; and you will not be able to opt out of receiving them, other than by requesting that QualityKiosk delete your account.
You represent that you are of legal age to form a binding contract and are not barred from receiving goods or services under the laws of any country or other applicable jurisdiction. You also represent that all information provided to QualityKiosk is true, accurate and complete, that you will ensure it remains true, accurate and complete at all times. Any breach of this section, or a reasonable belief by QualityKiosk of such a breach, shall give QualityKiosk the right to immediately terminate your account and refuse to provide any and all current or future QualityKiosk Services.
You agree to not use the QualityKiosk Service to take any actions or make available any content that
- is unlawful, harmful, tortious, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, racially or ethnically discriminatory, or otherwise objectionable
- for which you do not have sufficient legal rights
- violates any applicable local, state, federal or international law, including any rules or regulations having the force of law
- violates any contractual or fiduciary obligation
- is designed to interrupt, change, adversely effect or limit the functionality of any computer software or hardware or telecommunications equipment
- collects or stores personal data of third parties without their knowledge and informed consent
You acknowledge, consent and agree that QualityKiosk may access, preserve or disclose your PII and other information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) provide the QualityKiosk Services (b) comply with legal process (c) enforce the QKTOS (d) respond to claims that the rights of any third parties have been violated or (e) protect the rights, property or personal safety or QualityKiosk, its users and the public
You agree to defend, indemnify and hold harmless QualityKiosk, and its subsidiaries, affiliated, officers, agents, employees, partners and licensors (the “QualityKiosk Entities”) from any claim, demand or lawsuit including reasonable attorneys’ fees, made by any third party due to or arising out of any action on your part, including without limitation, your violation of the QKTOS or your violation of any rights of another.
MODIFICATION OR TERMINATION OF THE SERVICE
QualityKiosk reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, QualityKiosk Service (or any part thereof) with or without notice. You agree that QualityKiosk shall not be liable to you or to any third party for any modification, suspension or discontinuance of the QualityKiosk Services.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE QualityKiosk SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. QualityKiosk AND QualityKiosk ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES 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.
QualityKiosk AND QualityKiosk ENTITIES MAKE NO WARRANTY THAT (i) THE QualityKiosk SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED,TIMELY SECURE OR ERROR-FREE; AND (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE QualityKiosk SERVICE WILL BE ACCURATE OR RELIABLE.
NO ADVICE OR OTHER COMMUNICATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM QUALITYKIOSK OR THROUGH OR FROM THE QUALITYKIOSK SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE QKTOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT QUALITYKIOSK AND QUALITYKIOSK ENTITIES SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,GOODWILL,USE,DATA OR OTHER INTANGIBLE LOSSES(EVEN IF THE QUALITYKIOSK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:(i)THE USE OR THE INABILITY TO USE THE QUALITYKIOSK SERVICE;(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; OR (iii)ANY OTHER MATTER RELATING TO THE QUALITYKIOSK SERVICE. IN NO EVENT SHALL QUALITYKIOSK‘S LIABILITY TO YOU UNDER THIS QKTOS EXCEED ONE THOUSAND DOLLARS
This QKTOS grants no rights or license to any intellectual property rights of QualityKiosk, and this QKTOS is the entire agreement between you and QualityKiosk, relating to the QualityKiosk Service.
You agree that, except as otherwise expressly provided in this QKTOS, there shall be no third-party beneficiaries to this
The failure of QualityKiosk to exercise or enforce any right or provision of QKTOS, is not a waiver of such right or provision. If any provision of QKTOS is found by a court of competent jurisdiction to be invalid, the remainder of the QKTOS shall remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the QualityKiosk Service or the QKTOS must be filed within one(1) year after such claim or cause of action arose or be forever barred.
You acknowledge and agree that QualityKiosk may provide you with notice via email, and such notice will be deemed given upon the sending of said email.
The QKTOS and the relationship between you and QualityKiosk shall be governed by the laws of the Republic of India without regards to its conflict of law provisions. You and QualityKiosk agree that any and all disputes, controversies and claims arising out of or relating to this QKTOS shall be settled and determined exclusively by binding arbitration in Navi Mumbai, Marashtra, India which is a mutually convenient and agreed upon venue.