The following are the terms of an agreement between you and QuicHub. By accessing or using this and any related QuicHub Web site (QuicHub Web sites), you acknowledge that you have read, understand, and agree to be bound by these terms and Privacy Policy (stated separately) and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these Terms, you have no right to obtain information from and/or otherwise use the Application or Services.
QuicHub may, without notice to you, at any time, revise these Terms of Use and any other information contained in the QuicHub Web sites. QuicHub may also make improvements or changes in the products, services, or programs described in the QuicHub Web sites at any time without notice. If you do not agree to these Terms, you have no right to obtain information from and/or otherwise use the Application or Services. Failure to use the Application and the Services in accordance with these Terms may subject you to civil and criminal penalties.
General
This Web site contains proprietary notices and copyright information, the terms of which must be observed and followed.
QuicHub grants you a non-exclusive, non-transferable, limited permission to access and display the Web pages within the QuicHub Web sites as a customer or potential customer of QuicHub, provided you comply with these Terms of Use and all copyright, trademark, and other proprietary notices remain intact. You may only use a crawler to crawl a QuicHub Web site as permitted by the Web site’s robots.txt protocol and QuicHub may block any crawlers in its sole discretion. The use authorized under this agreement is non-commercial in nature (e.g., you may not sell the content you access on or through this Web site). All other use of the QuicHub Web sites is prohibited.
Except for the limited permission in the preceding paragraph, QuicHub does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from a QuicHub Website on another Web site or in any other media. Any software and other materials that are made available for downloading, access, or other use from a QuicHub Web site with their own license terms will be governed by such terms, conditions, and notices. Your failure to comply with such terms or any of the terms on a QuicHub Web site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession, custody or control.
Changes to these terms of Service
QuicHub reserves the right, at its sole discretion, to modify the Application to modify these Terms, including the introduction of Service Fees, at any time and without prior notice. We may change these terms of service at any time, as we deem appropriate. You should continue to review these terms and conditions as they are binding on each member as revised. If you disagree with the changes to these terms of service, discontinue your use of the site, or if you have registered as a member, cancel your registration. We recommend that you print or copy any information you have stored through the services prior to cancelling. Your ongoing use of any service or of the site after the changes take effect signifies your agreement to the new terms. We again encourage you to review the terms of service regularly.
No Endorsement
QuicHub does not endorse any Sellers or any Seller Content. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Application. We will not be responsible for any damage or harm resulting from your interactions with other Members. By using the Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from QuicHub with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the products.
User Conduct
In connection with your use of our website, you may not and you agree that you will not:
Violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights interfere with or damage our Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology use our Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers use our Application or Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence “stalk” or harass any other user of our Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Seller.
Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity use automated scripts to collect information or otherwise interact with the Application, Services or Collective Content use the Application and Services to find a Seller and submit any product with a false or misleading price information, or submit any product with a price that you do not intend to honour or post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability (iii) is fraudulent, false, misleading or deceptive (iv) is defamatory, obscene, pornographic, vulgar or offensive (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group (vi) is violent or threatening or promotes violence or actions that are threatening to any other person or (vii) promotes illegal or harmful activities or substances systematically retrieve data or other content from our Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise use, display, mirror or frame the Application, or any individual element within the Services, or Application, QuicHub’s name, any QuicHub trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without QuicHub’s express written consent access, tamper with, or use non-public areas of the Application, QuicHub’s computer systems, or the technical delivery systems of QuicHub’s providers attempt to probe, scan, or test the vulnerability of any QuicHub system or network or breach any security or authentication measures avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by QuicHub or any of QuicHub’s providers or any other third party (including another user) to protect the Services, Application or Collective Content forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services, Application or Collective Content to send altered, deceptive or false source-identifying information attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services, Application or Collective Content or copy, store or otherwise access any information contained on the Application, Services or Collective Content for purposes not expressly permitted by these Terms advocate, encourage, or assist any third party in doing any of the foregoing.
QuicHub will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. QuicHub may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that QuicHub has no obligation to monitor your access to or use of the Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. QuicHub reserves the right, at any time and without prior notice, to remove or disable access to any Content that QuicHub, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Application or Services. QuicHub may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against QuicHub or to comply with legal process, (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of QuicHub, its users, or members of the public.
QuicHub Content and User Content License
Subject to your compliance with the terms and conditions of these Terms, QuicHub grants you a limited, non-exclusive, non-transferable license, to (i) access and view any QuicHub Content solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, reverse engineer, broadcast or otherwise exploit the Application, Services, or Collective Content, either by yourself or by anyone on your behalf, in any way or by any means, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by QuicHub or its licensors, except for the licenses and rights expressly granted in these Terms.
You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of QuicHub, including copyright mark [©] or trademark [® or ™] contained in or accompanying the content included in the Services, and you represent and warrant that you will abide by all applicable laws in this respect. You are further prohibited from using, diluting or staining any name, mark or logo that is identical, or confusingly similar to any of QuicHub’s marks and logos, whether registered or not.
User Content
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Application and Services, you hereby grant to QuicHub a worldwide, irrevocable, perpetual, non-exclusive, transferable, assignable, royalty-free license, with the right to sublicense, to use, view, reproduce, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content in connection with QuicHub , whether through the Internet, any mobile device or otherwise, in any media formats and through any media channels known today and developed in the future.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Application. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to QuicHub the rights in such User Content, as contemplated under these Terms and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or QuicHub’s use of the User Content (or any portion thereof) on, through or by means of the Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree that QuicHub may remove at any time any User Content you have uploaded to QuicHub in its sole discretion with or without any reason.
Third Party Information
All Content, apart from the ones owned by Us, is third-party user-generated content and we have no control over such third-party user-generated content. Other than when provided for, the use of such content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, website or other media for publication or distribution or for any commercial enterprise, without our express prior written consent is not allowed
The website may contain links to third-party websites or resources. You acknowledge and agree that QuicHub is not responsible or liable for: (i) the availability or accuracy of such websites or resources or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by QuicHub of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of QuicHub used herein are trademarks or registered trademarks of QuicHub. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Application and Services (“Feedback”). You may submit Feedback by emailing us at support@quichub.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of QuicHub and you hereby irrevocably assign to QuicHub and agree to irrevocably assign to QuicHub all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At QuicHub’s request and expense, you will execute documents and take such further acts as QuicHub may reasonably request to assist QuicHub to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Termination, Suspension and QuicHub Account Cancellation
This Agreement is effective unless and until terminated by either you or QuicHub. You may terminate this Agreement at any time, provided that you discontinue any further use of this Application. QuicHub may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Application. Such termination will be without any liability to QuicHub. Upon any termination of the User Agreement by either you or QuicHub, you must promptly destroy all materials downloaded or otherwise obtained from this Application, as well as all copies of such materials, whether made under the Agreement or otherwise. QuicHub’s right to any Comments shall survive any termination of this Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Application or affect any liability that may have arisen under the Agreement.
Disclaimers
From time to time, this Web site may contain technical inaccuracies or typographical errors, and we do not warrant the accuracy of any posted information. Please confirm you are using the most up-to-date pages on this Web site and confirm the accuracy and completeness of information before using it to make decisions relating to services, products, or other matters described in this Web site.
If any term in these Terms of Use is found by competent judicial authority to be unenforceable in any respect, the validity of the remainder of these Terms of Use will be unaffected, provided that such unenforceability does not materially affect the parties’ rights under these Terms of Use.
QuicHub explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. QuicHub makes no warranty that the application, services, collective content, including, but not limited to, the products, or any referral program will meet your requirements or be available on an uninterrupted, secure, or error-free basis. QuicHub makes no warranty regarding the quality of any products, the services or collective content or the accuracy, timeliness, truthfulness, completeness or reliability of any collective content obtained through the application, services or referral program.
No advice or information, whether oral or written, obtained from QuicHub or through the application, services or collective content, will create any warranty not expressly made herein.
You are solely responsible for all of your communications and interactions with other users of the application or services and with other persons with whom you communicate or interact as a result of your use of the application, including, but not limited to, any sellers or customers. You understand that QuicHub does not make any attempt to verify the statements of users of the application or services or to review any products. QuicHub makes no representations or warranties as to the conduct of users of the application or services or their compatibility with any current or future users of the application. You agree to take reasonable precautions in all communications and interactions with other users of the application and with other persons with whom you communicate or interact as a result of your use of the application, including, but not limited to, customers and sellers, particularly if you decide to meet offline or in person
Limitation of Liability
You acknowledge and agree that neither QuicHub nor any other party involved in creating, producing, or delivering the application, services, collective content or any referral program will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the application, services or collective content, from any communications, interactions or meetings with other users of the application, or services or other persons with whom you communicate or interact as a result of your use of the application, services, via the application, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not QuicHub has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose
In no event will QuicHub’s aggregate liability arising out of or in connection with these terms and your use of the application and services including, but not limited to, from your product or buying of any product via the application, or from the use of or inability to use the application, services, or collective content or your participation in any referral program and in connection with any product or interactions with any other members, exceed an amount of Rs. 5000/-. The limitations of damages set forth above are fundamental elements of the basis of the bargain between QuicHub and you.
Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by QuicHub (i) via email (in each case to the address that you provide) or (ii) by posting to or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Reporting Misconduct
If the Seller or Customer is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to QuicHub by contacting us with your police station and report number at support@quichub.com provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you
Indemnification
Upon a request by us, you agree to defend, indemnify, and hold QuicHub and subsidiaries and, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, harmless from and against all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of the Application and its services or the content. We reserve the right to assume control of the defence of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.
Entire Agreement
This contract and any supplemental terms, policies, rules and guidelines posted on the site and the services constitute the entire agreement between you and QuicHub and supersede all previous written or oral agreements. If any part of these terms of service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Governing Law and Jurisdiction
Your use of the Services and these Terms shall be governed by, and construed in accordance with the laws of the Government of India without reference to the choice of law or conflicts of law principles thereof. The courts at Bangalore, India shall have exclusive jurisdiction on all matters concerning these Terms.
General
The failure of QuicHub to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of QuicHub. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect
DISCLAIMER OF WARRANTY
USE OF QuicHub WEB SITES IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. QuicHub EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, QuicHub MAKES NO WARRANTY OR GUARANTEE THAT ANY QuicHub WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES FROM A QuicHub WEB SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL QuicHub BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM A QuicHub WEB SITE OR ANY USE OF A QuicHub WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH A QuicHub WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF QuicHub IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
Contacting QuicHub
If you have any questions about these Terms, please contact QuicHub at