Effective as of 01 December, 2016
GENERAL INFORMATION & DEFINITIONS
This website, www.qubestack.com, (hereinafter referred to as "Qubestack") is owned, hosted and operated by QubeStack Technologies Pvt. Ltd (hereinafter referred to as “QTPL”), a company incorporated in India under the Companies Act, 2013 and having its office at C-405, Nirvana Courtyard, Nirvana Country, Sector 50, Gurgaon. This page explains the terms by which you may use our online services, website, API, and software provided on or in connection with the service (collectively the "Services").
By your use of this website, you confirm your acceptance and it would be accepted as would a written agreement with your signature
DESCRIPTION OF SERVICE & CONTENT POLICY
Qubestack is a commercial property leasing portal, offering a wide range of verified commercial real estate for businesses to establish, expand and flourish. Qubestack leverages technology with deep market knowledge and information, to present a compelling value proposition for owners, tenants and real estate developers.
Although you may be able to conduct payment and other transactions through the Website, using third-party vendors such as Banks, eWallets etc, however Qubestack is not in any way in involved in such transactions. As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that Qubestack is not a party to such transactions, has no control over any element of such transactions, and shall have no liability to any party in connection with such transactions. You use the Service and the Website at your own risk.
You understand that Qubestack does not control and is not responsible for ads, directory information, business listings/information, messages between users, including without limitation e-mails sent from outside Qubestack’s domain or other means of electronic communication, whether through the Website or another Third Party Website or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Website and the Service ("Content"), and that by using the Website and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Qubestack be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, e-mailed or otherwise made available via the Service. You acknowledge and agree that Qubestack cannot and may pre-screen or approve any Content except the items in ‘My Profile’ section and eNegotiate™, but at the same time Qubestack has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to Qubestack’s knowledge or for any other reason or no reason at all. Furthermore, the Website and Content available through the Website may contain links to other third party websites ("Third Party Websites"), which may be completely unrelated to Qubestack. If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies. Qubestack makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Website, and your linking to any other websites is completely at your own risk and Qubestack disclaims all liability thereto.
You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant that: (i) you own or have and shall continue to, for such time the Content is available on the Website, have the necessary licenses, rights, consents, and permissions to use such Content on the Service and Website (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize Qubestack to use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms. For clarity, you retain all of your ownership rights in your Content however, by submitting any Content on the Website, you hereby grant to Qubestack an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Website and Qubestack's (and its successors') business, including without limitation for the purpose of promoting and redistributing part or all of the Website and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by Qubestack in order to host and display your Content. Furthermore, by you posting Content to any public area of the Service, you agree to and do hereby grant to Qubestack all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Website by any party for any purpose. You also hereby grant each user of the Website a non-exclusive license to access your Content through the Website. The foregoing license to each user granted by you terminates once you or Qubestack removes or deletes such Content from the Website.
Qubestack does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and Qubestack expressly disclaims any and all liability in connection with user Content. Qubestack does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Qubestack may, at its sole discretion, remove any infringing Content if properly notified in accordance with applicable law that such Content infringes on another's intellectual property rights. Qubestack reserves the right to remove any Content without prior notice. Qubestack may also terminate a user's access to the Website, if they are determined to be an infringer or found to be indulging in any act contrary to these Terms. An infringer is a user who has been found indulging in infringing activity. Further, at its sole discretion, Qubestack reserves the right to decide whether any Content is appropriate and complies with these Terms. By reading these terms you are also expressly providing your consent to Qubestack to publish details of any listing where deemed necessary/appropriate. Qubestack will be publishing these details by providing a visual service to its users/subscribers by uploading photographs and features of any listing. Qubestack can also provide additional information on such listings by publishing the intricate/necessary/important/peculiar details of any such listing.
Qubestack may provide a visual service to you if you upload photographs for your ad. By uploading your photographs, you irrevocably consent to the use of your photographs for this service and represent and warrant that you have all right, title and interest necessary to upload and use the photographs on this service. Under this service, using a third party application or service, Qubestack may, at its discretion, create a video of your photographs, upload the video or another third party service provider, as determined by Qubestack at its discretion, and embed the video into your ad on Qubestack. Qubestack may also include an exclusivity clause in its agreement with respect to leasing any property for a defined time period (as per the agreement). In such a case, this exclusivity shall be available at a differential pricing system by Qubestack. In order to publish the details of any listing on the Website, Qubestack may first physically/in person verify/cross-check the details/features of the listed property. All the details collected in the process of such a verification/cross-check shall be the proprietary information of Qubestack including all the data/images/videos/sound recordings/building plans etc. Qubestack may also allow its users/subscribers to apply for a ‘Site Visit’ of any listed property, in such a case Qubestack does not commit itself to provide for such a ‘Site Visit’ as it is strictly based on the consent of the listed property’s owner/landlord/title-holder. Qubestack provides such a feature on a ‘request’ basis and refrains from guaranteeing the same. Qubestack also provides its users/subscribers a unique feature called the eNegotiate™ which in simpliciter is a communication tool to aid the user/subscribers whilst negotiating over a listed property. Any agreement arrived at between any two users/subscribers whilst using the eNegotiate™ platform will not be a legally binding agreement. Furthermore Qubestack absolves itself of all liabilities pertaining to any such agreement between the users/subscribers whilst using eNegotiate™ for negotiation over a listed property.
Qubestack allows a user to post, email, host, display, upload, modify, publish, transmit, update or share on third party social media websites any listed information on Qubestack through its inbuilt sharing features. However you agree not to post, email, host, display, upload, modify, publish, transmit, update or share any information on Qubestack or otherwise make available Content:
That violates any law or regulation.
That is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant Qubestack all of the license rights granted herein.
That infringes any of the foregoing intellectual property rights of any party, or is Content that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s).
That is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever.
That harasses, degrades, intimidates or is hateful towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
That violates any (local) equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, colour, religion, sex, national origin, age, or disability of the applicant.
That threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
That includes personal or identifying information about another person without that person's explicit consent.
That impersonates any person or entity, including, but not limited to, a Qubestack employee, or falsely states or otherwise misrepresents an affiliation with a person or entity.
If the User is declared a bankrupt or/and the User enters into any compromise or arrangement with its creditors and further without any prejudice to any/all other rights:
Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
That is false, deceptive, misleading, deceitful, mis-informative, or constitutes "bait and switch" offer.
That constitutes or contains "pyramid schemes," "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," or unsolicited advertisements of a commercial nature.
That constitutes or contains any form of advertising or solicitation if (1) posted in areas or categories of the Website which are not designated for such purposes or (2) e-mailed to Qubestack users who have requested not to be contacted about other services, products or commercial interests.
That includes links to commercial services or Third Party Websites, except as specifically allowed by Qubestack.
That advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law.
That contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer resource.
That disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service or
That employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
ADDITIONALLY YOU AGREE NOT TO
Contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose, specifically, contact any user to post advertisement on a third party Website or post any advertisement on behalf of such user or to "stalk" or otherwise harass anyone.
List your property on Qubestack through a broker or any other person acting on your behalf. Qubestack offers its clients direct services hence any use of Qubestack through a broker or any such person can result in immediate termination of the subscription.
Make any libellous or defamatory comments or postings to or against anyone.
Collect personal data about other users or entities for commercial or unlawful purposes.
Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file .
Post Content that is outside the local area or not relevant to the local area, repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure.
Post the same item or service in multiple classified categories or forums, or in multiple metropolitan areas.
Attempt to gain unauthorized access to computer systems owned or controlled by Qubestack or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Website.
Use any form of automated device or computer program (sometimes referred to as "flagging tools") that enables the use of Qubestack's "flagging system" or other community control systems without each flag being manually entered by a human that initiates the flag (an "automated flagging device"), or use any such flagging tool to remove posts of competitors, other third parties or to remove posts without a reasonable good faith belief that the post being flagged violates these Terms or any applicable law or regulation.
Use any automated device or software that enables the submission of automatic postings on Qubestack without human intervention or authorship (an "automated posting device"), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals.
OBLIGATION OF USER OR SUBSCRIBER
The accuracy of the Registration Data given to Qubestack on initial application for the Service shall be the sole responsibility of the User.
The user agrees that any data entered into herein will be subject to mandatory verification process by Qubestack.
Any licenses, permits, consents, approvals and intellectual property or other rights as may be required for using the Service shall be obtained by the User at his own cost.
The User will ensure compliance with all notices or instructions given by Qubestack from time to time to enable the use of the Service.
The User understands and agrees that User is responsible for all applicable taxes and for all costs that are incurred in using the Qubestack Service.
The User shall be solely responsible for all information retrieved, stored and transmitted through the Service by him.
The User shall keep confidential and not disclose to any person the User's password and user identification and all activities and transmission performed by the User through his user identification.
The User can provide its express consent to its representative or employee to use Qubestack’s eNegotiate feature. In case of use of eNegotiate without the consent of the User then Qubestack is indemnified of all liabilities pertaining to the acts committed by such representatives or employees.
The User shall immediately notify Qubestack of any un-authorized use of the User's account or any other breach of security known to the User.
The User shall promptly make the payment to Qubestack towards the Subscription Fees as and when it becomes payable.
The User shall be responsible for the set-up or configuration of his equipment for access to the Service.
Qubestack in its sole discretion shall reserve the right to refuse, edit, modify and alter the content. User agrees that the online advertisements placed with Qubestack shall be reflected only after satisfactory quality and content review. Hence publishing a listing is also at the sole discretion of Qubestack itself.
The User will indemnify Qubestack for any action or claim committed/made by any third party resulting from any information posted on the site by the user or/and anybody else on his behalf.
Qubestack does not accept any responsibility towards the data entered in our website. The user who has entered the data is fully responsible for any wrong data entered and be liable for any and all action taken by third party (whether civil/criminal). Qubestack however shall endeavour to use the best industry practice of weeding out all wrong data/ false data entered and undertakes to withdraw all such data within reasonable time of receipt of such complaint post ascertaining the veracity wrong data/ false data upon satisfactory investigation into the veracity of the complaint. All complaints should be addressed by email..
The user agrees that any data entered into herein can and shall be saved, used and commercially exploited by Qubestack as deemed fit by them.
The User agrees that it is his/her responsibility to inform Qubestack of any material change in the condition of a listed property viz. property description, furnishing condition, features, availability, offer price etc on Qubestack.
The User shall promptly report to Qubestack by email/phone of any inaccurate information pertaining to any listed property on the Website. In such a case the inaccuracy shall be confirmed by the property owner or its title-holder, in case of lack of confirmation/communication by the owner or title-holder, such a listed property shall be deemed to be accurate.
User of the website agrees to indemnify and keep Qubestack indemnified from any wrong/false data entered into and hereby warrants and covenants that all data entered into the website is true and correct and belongs exclusively to him and not to any other third party.
Qubestack may charge a fee to post Content in some areas of the Service. The fee permits certain Content to be posted in a designated area of the Website. Any such fees paid hereunder are non-refundable in the event any Content is removed from the Service for violating these Terms.
As used herein, the term "Posting Agent" refers to a third-party agent, service or intermediary that offers to post Content to the Service on behalf of others. Qubestack prohibits the use of Posting Agents, directly or indirectly, without the express written permission of Qubestack. In addition, Posting Agents are not permitted to post Content on behalf of others, directly or indirectly, or otherwise access the Service in order to post Content on behalf of others, except with express written permission or license from Qubestack.
CLAIMS OF INFRINGEMENTS
Qubestack is not liable for any infringement of copyright arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties.
If you are an owner of intellectual property rights or an agent who is fully authorized to act on behalf of the owner of intellectual property rights and believe that any Content or other content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorized to act, you may submit a notification to Qubestack together with a request to Qubestack to delete the relevant Content in good faith. The notification and the request must contain the following information.
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the intellectual property rights claimed to have been infringed, or, if multiple intellectual property rights at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the Content (by means of data or communication link, AD ID, etc.) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Qubestack to locate the material.
Information reasonably sufficient to permit Qubestack to contact you, such as an address, telephone number, and, if available, an electronic mail address.
A signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right-owner, its agent, or the law.
A signed statement that the intellectual property-owner hold Qubestack harmless from any claim of any third party in connection with the removing by Qubestack of the relevant content and,
A signed statement that the information in the notification is accurate and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the materials on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Qubestack, and are subject to copyright and other intellectual property rights under Indian laws, foreign laws and international treaties and/or conventions. In connection with the Services, the Website may display certain trademarks belonging to third parties. Use of these trademarks may be subject to license granted by third parties to Qubestack. You shall, in no event, reverse engineer, decompile, or disassemble such trademarks and nothing herein shall be construed to grant you any right in relation to such trademarks. Materials on the Website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Qubestack reserves all rights not expressly granted herein to the Website and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website or the Materials therein. The Service is protected to the maximum extent permitted by copyright laws, other laws, and international treaties and/or conventions. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited. You further agree not to reproduce, duplicate or copy Content or Materials from the Service, and agree to abide by any and all copyright notices and other notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
All logos, brands, trademarks and service marks ("Marks") appearing in Qubestack are the properties either owned or used under license by Qubestack and / or its associates. All rights accruing from the same, statutory or otherwise wholly vest with Qubestack / its Associates. The access to this Website does not confer upon you any license or right to use in respect of these Marks and therefore the use of these Marks in any form or manner, whatsoever is strictly prohibited. Any violation of the above would constitute an offence under the prevailing laws of India.
Qubestack respects the Intellectual Property Rights of all, it has and will continue to adhere to all the laws applicable in India in this respect. Qubestack shall protect and respect the Intellectual Property Rights of the users as well as third parties to the best of its ability. In a case where a user/users are found to be using any other competitive site as a platform to infringe the Intellectual Property Rights of others, Qubestack will be free to terminate this agreement forthwith without any notice to the user.
You agree to defend, indemnify and hold harmless Qubestack, its officers, subsidiaries, affiliates, successors, assigns, directors (including independent directors), officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your use of and access to the Website and/or the Service (ii) your violation of any term of these Terms (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right or (iv) any claim that your Content caused damage to a third party. This defence and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service and the Website.
You understand and agree that sending unsolicited email advertisements or other unsolicited communications to Qubestack email addresses or through Qubestack computer systems are expressly prohibited by these Terms. You acknowledge and agree that from time to time Qubestack may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one user to another in the Qubestack email system. Any communication between yourself and any other user utilizing the communication features available on the Service and the Website may be used only in accordance with the Terms. Any unauthorized use of Qubestack computer systems is a violation of these Terms and certain applicable laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
You acknowledge and agree that Qubestack shall not be liable for your interactions with any organizations and/or individuals on the Website or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals. You agree and acknowledge that Qubestack shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If there is a dispute between participants on the Website, or between users and any third party, you understand and agree that Qubestack is under no obligation to become involved in such dispute. In the event that you have a dispute with one or more other users, you hereby release Qubestack, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.
LIMITATION & TERMINATION OF SERVICES
You acknowledge and agree that Qubestack may establish limits from time to time concerning use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, e-mail messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service or the Website. You acknowledge and agree that Qubestack has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Website or the Service. You acknowledge and agree that Qubestack reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Qubestack shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. You acknowledge and agree that Qubestack, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason or no reason at all, including, without limitation, if Qubestack believes that you have violated these Terms. Further, you agree that Qubestack shall not be liable to you or any third-party for any termination of your access to the Website or the Service. Further, you agree not to attempt to use the Service after any such termination.
DISCLAIMER OF WARRANTIES
You expressly acknowledge and agree that use of the website and the service is entirely at your own risk and that the website and the service are provided on an "as is" or "as available" basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law Qubestack, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. Qubestack makes no warranties or representations about the accuracy or completeness of the website's content or the content of any third party websites linked to the website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website and service, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via the website or the service. Qubestack does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked website or featured in any banner or other advertising, and Qubestack will not be a party to or in any way be responsible for monitoring any transaction between you and/or other users and/or third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
LIMITATIONS OF LIABILITY
In no event shall Qubestack, its officers, directors, employees, or agents, be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Qubestack has been advised of the possibility of such damages), resulting from any aspect of your use of the website or the service, including without limitation whether the damages arise from use or misuse of the website or the service, from inability to use the website or the service, or the interruption, suspension, modification, alteration, or termination of the website or the service. Such limitation of liability shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the website or the service or any links on the website, as well as by reason of any information, opinions or advice received through or advertised in connection with the website or the service or any links on the Qubestack site. These limitations shall apply to the fullest extent permitted by law. You specifically acknowledge and agree that Qubestack shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any user or third party and that the risk of harm or damage from the foregoing rests entirely with you. The Website is controlled and offered by Qubestack. Qubestack makes no representations or warranties that the Website is appropriate for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and risk and are responsible for compliance with local law.
ABILITY TO ACCEPT TERMS
This Website is intended only for adults and that you are eligible to contract as per applicable laws. If you are using/accessing this Website as a representative of any person/entity, you acknowledge that you are legally authorised to represent that person/entity. Minors, i.e. users of under 18 years of age, are only allowed to access the Website and use the Service, in the event of approval of their legal representatives or in the event that it concerns an act or a transaction that is usual and acceptable standard in civil life and practice. You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13.
Notice to children under the age of 13 and their parents or guardians if you are under the age of 13, you must not use this website. Please do not send us your personal information, including your email addresses, name, and/or contact information. If you want to contact us, you may only do so through your parent or legal guardian.
These Terms and the other policies posted on the Website constitute the complete and exclusive understanding and agreement between you and Qubestack and govern your use of the Service and the Website superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. The Terms and the relationship between you and Qubestack shall be governed by the laws of the Union of India. Any claim you may have against Qubestack must be submitted to the exclusive jurisdiction the courts of GURGAON. The failure of Qubestack to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision.
If any provision or provisions of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired. You agree that any cause of action brought by you and arising out of or related to your use of the service and/or the website must commence within a reasonable time and in any event within one (1) year after the cause of action accrues, except that Qubestack may commence any such cause of action in accordance with the applicable statute of limitations under Indian law. Otherwise such cause of action is permanently barred. These Terms shall inure to the benefit of and be binding upon each party's successors and assigns.
VIOLATION OF TERMS
Please report any violations of the Terms that you become aware of by contacting us on email@example.com. Any failure to act by Qubestack with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others. You understand and agree that, because damages are often difficult or impossible to quantify, if actual damages cannot be reasonably calculated then you will be liable to pay Qubestack the following as liquidated damages (and not a penalty):
If Qubestack establishes any limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay Qubestack INR 1000.00 for (i) each message posted in excess of such limits or (ii) for each day on which you access Qubestack in excess of such limits, whichever is higher.
If you are a Posting Agent that uses the Service in violation of these Terms, in addition to any liquidated damages you agree to pay Qubestack INR 1000.00 for each and every item you post in violation of these Terms. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service, and such party (by engaging the Posting Agent in violation of these Terms) agrees to pay Qubestack an additional INR 1000.00 for each item posted by the Posting Agent on behalf of such party in violation of these Terms.
If you use Qubestack e-mail addresses or computer systems to send unsolicited e-mail advertisements to Qubestack e-mail addresses or any other party, you agree to pay Qubestack INR 1000.00 for each of such emails.
If you post messages in violation of these Terms, other than as described above, you agree to pay Qubestack INR 1000.00 for each such message. Notwithstanding the foregoing, Qubestack may, in its sole and absolute discretion, issue a warning before assessing damages.
If you aggregate, copy, display, mirror, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without Qubestack’s express written permission, you agree to pay Qubestack INR 5,00,000.00 for each day on which you engage in such conduct.
If none of the foregoing clauses (a) – (f) are applicable, you agree to pay Qubestack actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, Qubestack retains the right to seek equitable remedies, including without limitation, specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach or threatened breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof, without the necessity of posting a bond.
If you have any grievance with respect to the Website or the Service, you can contact our grievance officer at:
\r\nDesignation: Customer Support
The applicable rate of the Subscription Fees for the Service provided shall be such as mentioned in the Subscriptions page or as may be prescribed by Qubestack from time to time.
Liability for the Subscription Fees shall accrue from the Date of Commencement.
In the event you wish to cancel any of our services, then, you shall be required to send an email to firstname.lastname@example.org. The cancellation will be effective after due confirmation from our side and a notification to this effect will be sent to you.
However there shall be no refund of the subscription fee already paid.
Qubestack shall reserve the exclusive right to cancel any content whatsoever from being published or reflected on its website or in any other mode. The cancellation charges are subject to the cancellation/refund policies.
The payment for Service once subscribed to by the subscriber is not refundable and any amount paid shall stand appropriated. Refund if any will be at the sole discretion of QTPL. QTPL offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Users card/bank accounts. User acknowledges and agrees that QTPL/Qubestack, at its sole discretion and without prejudice to other rights and remedies that it may have under the applicable laws, shall be entitled to set off the amount paid or payable by a subscriber/user against any amount(s) payable by User to QTPL under any other agreement or commercial relationship towards other products/services. QTPL gives no guarantees of server uptime or applications working properly. All is on a best effort basis and liability is limited to refund of amount only. QTPL undertakes no liability for free Services. QTPL reserves its right to amend / alter or change all or any disclaimers or terms of agreements at any time without any prior notice. All terms / disclaimers whether specifically mentioned or not shall be deemed to be included if any reference is made to them.
QTPL uses the maximum care as is possible to ensure that all or any data / information in respect of electronic transfer of money does not fall in the wrong hands. For completing online transactions involving payments a user is directed to a Payment Gateway, QTPL does not store or keep credit card data. Since the transaction happens on a third-party network not controlled by QTPL, once a credit card transaction has been completed, the payment information is not accessible to anyone at QTPL after completion of the on-line transaction at the Payment Gateway, this ensures the maximum security.
QTPL shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user's account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.
REFUND IN FAILED TRANSACTIONS
Though QTPL payment reconciliation team works efficiently, QTPL offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Subscribers card/bank accounts. This is on account of the multiplicity of organizations involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions. Refunds in the event of wrong/objectionable property content being posted on the site would be at the discretion of Qubestack.
If you utilize Qubestack in a manner inconsistent with these terms and conditions, QTPL may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.
PAYMENT & SERVICES
The charges for various services vary over different offerings. To know more about the offerings and pricing, please contact us at email@example.com or call at 8899117720.
Where Subscription Fees accrues it shall be payable at or within such time as stated in the invoice(s) issued by Qubestack to the User.
The Subscription Fees shall be paid by the User on demand. In case the user disputes the same for any reason whatsoever, he shall make the payment towards the Subscription Fees accrued subject to the decision of Qubestack on the dispute. In the event of Qubestack deciding the dispute in the User’s favour, Qubestack shall refund to the User any excess amount paid by the User free of interest.
Qubestack also charges a ‘brokerage’ upon any successful completion of a lease transaction. Qubestack also charges for premium services provided additionally e.g. marketing campaigns, developer promotions, neighbourhood marketing, advertisements etc.
Any delay in the payment by the User of any sums due under this Agreement, Qubestack shall have the right to charge interest @ 24% p.a. on the outstanding amount from the date the payment became due until the date of final payment by the User.
To protect the secrecy of his user Identification and/or password the User shall take all such measures as may be necessary (including but without limiting to changing his password from time to time and shall not reveal the same to any other person(s).
Since a user identification is necessary to access the Service the User shall use only his own user Identification.
It is agreed by the User that he acquire s no rights to any mailbox number or/and the user identification or/and circuit reference or/and any codes assigned to him by Qubestack . The User further agrees that except as otherwise proved herein, Qubestack reserves the right to change or/and re- assign the same to the User at its sole discretion without being liable to the User for any kind of damages or/and relief or/and any other consequence/s.
In the event of theft or/and loss of user identification or/and password or/and security word, the User shall notify Qubestack immediately by telephone or/and personally concurrently provide Qubestack with a written notice to that effect. The User shall remain liable for use of the Services by any third party until such theft or loss is notified to Qubestack
The password and username being made available to the customer shall be used only by an individual or the organization named by the customer and the employee of the organization. The User shall take all necessary pre-cautions to prevent un-authorized access or/and leakage of username or/and password being provided by Qubestack to him.
The user shall not use any software to automatically download or/and extract either a complete or/and partial listing from Qubestack database without prior consent from Qubestack in writing.
Qubestack may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the User’s access to Qubestack and/or the Services (as the case may be) without notice to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Agreement, Qubestack shall not be liable for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, and no fees or/and charges payable by the User to Qubestack shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension.
Either party to this agreement may terminate this Agreement by giving prior notice of 30 days in writing.
It shall be on the discretion of Qubestack that the period of notice of 30 days may be waived or a shorter period of notice may be accepted in writing from the User.
However, Qubestack irrespective of above may terminate this Agreement with immediate effect, without prior notice to the User and without assigning any reasons whatsoever.
If in the opinion of Qubestack, the User has breached any of the terms and conditions of this agreement or/and,
If, in the opinion of Qubestack or/and any regulatory authority, it is not in the public interest to continue providing the Service to the User for any reason or/and,
If the User is declared a bankrupt or/and the User enters into any compromise or arrangement with its creditors and further without any prejudice to any/all other rights.