Terms and Condition: Enterprise
Deeppulse Digital India Private Limited, a company incorporated under the laws of India, with its registered address at S No. 230A/1, 229 Viman Nagar, Lohegaon, Pune – 411014 (“Company” or “we” or “us”) is the operator and administrator of, the ‘QuiCard’ website and mobile application, (the “Platform” or “QuiCard”), and facilitates certain associated services in relation thereto.
These Terms of Use (“Terms”) constitute a binding and enforceable contract between the Company and you i.e., the individual, company, firm, proprietorship limited liability partnership, association, entity, agency, or other organisation (“you” or “Enterprise”) that has registered an Enterprise Account (defined below) on the Platform.
1. General Terms
1.1 By registering an Enterprise Account, or by otherwise indicating your acceptance of these Terms, you expressly acknowledge and agree that you have read and understood these Terms, agree to these Terms, and are bound by these Terms.
1.2 If you do not agree to these Terms, you may not register an Enterprise Account, or avail our services.
1.3 If you are an individual accepting these Terms on behalf of an Enterprise i.e. in respect of which the Enterprise Account has been registered: (a) you represent and warrant that you have full legal authority to bind such Enterprise to these Terms, and (b) you agree, on behalf of such Enterprise, to these Terms.
1.4 If you are a natural person creating an Enterprise Account on your own behalf / for your personal business needs / not on behalf of an incorporated entity or firm, or other third-party, you represent and warrant that you are aged eighteen (18) years or above, and have the capacity to execute legally binding contracts under the Indian Contract Act, 1872, and / or any other applicable law.
1. 5 You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you will update the contact / point of contact details associated with your Enterprise Account regularly.
2. Definitions: For the purposes of these Terms, the following capitalised terms shall have the following meanings:
- “Agreement” means these Terms, along with any contract, agreement, order form, statement of work or any other document or instrument executed between you and the Company that references these Terms.
- “Authorised User” means your employees, contractors, or any other persons within your organisation that will or could access / utilise your Enterprise Account.
- “BGV Provider(s)” means third-party background verification service providers.
- “Documentation”, in relation to the Platform / its usage includes reference and other manuals, user guides, and all other materials relating to the Platform and usage thereof, as may be provided to you by the Company.
- “Enterprise Account” is the account created by you, or on behalf of you on the Platform, in order for you to utilise our service offerings available on the Platform
3. Services
QuiCard is a platform that modernises and streamlines the background verification process, gives you access to our network of BGV Providers, and provides you with certain additional services, as agreed in a contract / statement of work executed between you and the Company. Your utilisation of our service offerings and the Platform will be through your Enterprise Account, and subject to the Agreement.
4. License & Permitted Use
4.1 Subject to the terms and conditions of the Agreement, you shall:
a. have a non-exclusive, non-sublicensable, non-transferable, limited right to access and use, and to permit Authorised Users to access and use the Platform through your Enterprise Account, solely for your own internal, non-commercial purposes in accordance with the Agreement, and
b. be granted (on terms and conditions mutually agreed between you and the Company), a non-exclusive, non-sublicensable, non-transferable, limited license to download, install, and use the Platform’s web-based application on devices that are owned and controlled by you.
4.2. The rights granted in Paragraph 4.1 above are granted solely for such duration / term, as may be agreed by you and the Company in the Agreement
4.3 you shall:
a. be responsible for your, and your Authorised Users’ access to the Platform and your Enterprise Account in the manner permitted in the Agreement;
b. ensure and procure (in a manner that legally binds your Authorised Users) that your Authorised Users comply with all terms and conditions of the Agreement; and
c. maintain, and ensure that Authorised Users maintain the confidentiality of all login and other credentials that pertain to your Enterprise Account.
4.4 We will provide you with Level 1 technical support for the Platform via e-mail during our normal business hours, on working days i.e. all days except Saturdays, Sundays, and days on which banking institutions in Pune, India are closed for regular (non-automated) business.
4.5 You hereby agree that you shall not, and shall ensure and procure that your Authorised Users do not (directly or indirectly):
a. modify, translate, copy or create derivative works based on the Platform;
b. reverse assemble, reverse compile, reverse engineer, decompile or otherwise attempt to discover the object code, source code, Application Programming Interface(s) or underlying ideas or algorithms of the Platform;
c. license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Platform or any part thereof or our services available to any third party without the Company’s prior written consent;
d. remove or obscure any copyright, trademark or other proprietary notices, legends or branding contained in or on the Platform (or any part or portion or aspect thereof);
e. utilise the Platform / our services / your Enterprise Account in any manner that violates any applicable law, or violates any person’s privacy rights under applicable law or otherwise;
f. attempt to bypass or break any security or limiting mechanism, or any other such mechanism in or forming part of the Platform;
g. conduct load testing or penetration testing on your infrastructure that interoperates with the Platform, or conduct such testing or vulnerability assessments on the Platform without the Company’s prior written consent in each instance;
h. gain, or attempt to gain access to any user account(s) on the Platform, except your Enterprise Account; or
i. gain unauthorised access to, interfere with, damage or disrupt any parts of the Platform, or engage in any other conduct that impacts the availability, reliability, or stability of the Platform.
4.6 Your use of / access to the Platform, our services, or registration of an Enterprise Account shall not, in any manner, be construed or considered as a transfer (in any manner) to you, of any right or license to use the Platform in excess of that expressly set forth in the Agreement.
4.7 The Company reserves the right to suspend your access to the whole or any part of the Platform / our services / your Enterprise Account for any reason whatsoever (including but not limited to technical/operational reasons). The Company shall be under no liability to you in such an event. We further reserve the right to permanently terminate your usage of the Platform at any time for any reason, including any breach of the Agreement.
4.8 Once temporarily suspended, indefinitely suspended, or permanently terminated, you may not continue to use the Platform under the same Enterprise Account, a third-party’s enterprise or other registered account on the Platform, or re-register under a new enterprise or user account, provided all provisions of the Agreement, which by their nature should survive the termination of the Agreement and/or your use of or access to the Platform (in any manner), shall survive such termination, including, without limitation, provisions relating to Disclaimers, Indemnity, Limitations of Liability, and Intellectual Property.
5. Intellectual Property
5.1 As between you and the Company, the Company owns, or has duly licensed all right, title and interest (including, without limitation, all patent, copyright, trademarks, trade secret and other intellectual property rights) in and to the Platform, all Documentation, all related and underlying technology, and any enhancements, improvements, updates, upgrades, and modifications thereto, and all derivative works of or modifications to any of the foregoing. There are no implied licenses granted under the Agreement, and all rights not expressly set forth in the Agreement are reserved and retained by the Company.
5.2 All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to the Company on or through the Platform, or otherwise disclosed, submitted or offered in connection with your use of the Platform in any manner (collectively, the “Feedback”) shall be and remain Company property. Such disclosure, submission or offer of any Feedback shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Feedback. Thus, the Company owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Feedback.
5.3 The Company shall be entitled to use (including without limit, to incorporate in the Platform), reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. The Company shall be under no obligation:
a. to maintain any Feedback in confidence;
b. to pay you any compensation for any Feedback; and/or
c. to respond to any Feedback.
5.4 You agree that any Feedback submitted by you to QuiCard / the Company shall not violate these Terms or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and shall not cause injury to any person or entity, including the Company. You further agree that no Feedback submitted by you to the Company shall be, or contain, libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, chain letters, mass mailings or any form of “spam”, or material which could have an adverse effect or impact on the Company, its standing, reputation, and any goodwill associated with it or its related and associated entities, parent(s), subsidiary(s), successors and assigns.
5.5 The Company may not regularly review your Feedback, but does reserve the right (but not the obligation) to monitor and edit or remove any Feedback. You grant the Company the right to use the name that you submit (whether as a natural person or the entity or firm or proprietorship on behalf of which you submit the Feedback) in connection with any Feedback. You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Feedback you submit. You are and shall remain solely responsible for the content of any Feedback you make and you agree to indemnify the Company (which term in this context shall include its directors, officers, agents, related and associated entities, parent(s), subsidiary(s), successors and assigns) and applicable third-parties, for all claims resulting from any Feedback you submit. The Company takes no responsibility and assumes no liability for any Feedback submitted by you or any third party.
6. Disclaimers
6.1 Except as expressly set forth in these Terms, the Platform, and all related components, information, services, and the Documentation are provided on an “as is” and “as available” basis without any warranties of any kind, and we do not make any other warranty of any kind, whether express, implied, statutory or otherwise, and specifically disclaim any and all other warranties, including without limitation, any implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. You hereby acknowledge that we do not warrant that QuiCard, or your usage thereof will be uninterrupted, timely, secure, or error-free.
6.2 The functions of the Platform are limited to: (i) enabling Candidates to upload and store their data/information on QuiCard, so you don’t have to do this in-house; (ii) enabling the display of background verification services offered/provided by BGV Providers; (iii) enabling you to select BGV Providers that you deem best suited to your verification requirements; and (iv) any other services expressly set out in the Agreement.
6.3 The Company only acts as a technology enabler by making the Platform available for your use; the Company does not act as a commercial intermediary or any similar role, and is not responsible for any activities, acts, or omissions of or by any Candidate or BGV Provider you avail services from, or otherwise engage with, in any manner, on the Platform.
7. Indemnity & Limitation of Liability
7.1 By accessing QuiCard / creating an Enterprise Account / availing the services offered to you on the Platform, you agree to defend, indemnify and hold harmless the Company, its employees, directors, officers, agents, related and associated entities, parent(s), subsidiary(s), successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorneys’ fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to the Company or any third-party, including but not limited to breach of any warranties, representations, covenants, undertakings or in relation to the non-fulfillment of any of your obligations under the Agreement, or arising out of your violation of any applicable laws or infringement of intellectual property or other rights. This Paragraph shall survive the expiry or termination of the Agreement.
7.2 The Company (which term shall include its employees, directors, officers, agents, related and associated entities, parent(s), subsidiary(s), successors and assigns, as applicable) shall not be liable (in any manner) to you or any third-party with respect to any: (a) liabilities, obligations, losses, damages, penalties, claims, demands, actions, suits, costs and expenses of whatsoever kind or nature (“Losses”), imposed on, incurred by or asserted against you, and resulting from, arising out of, as a result of, or pursuant to any activities, acts, or omissions of or by any Candidate or BGV Provider you associate with, avail services from, or otherwise engage with in any manner, or (b) any indirect, special, incidental or consequential, or punitive damages however arising, damages based on lost revenues or profits, loss of business or goodwill, loss or corruption of data or breaches in system security. These limitations shall apply to the maximum extent permitted by applicable law, whether or not the Company has been advised of the possibility of such damages.
7.3 Notwithstanding anything else contained in the Agreement, the Company’s entire and cumulative liability to you under the Agreement (for any reason whatsoever) shall not exceed the amount actually remitted by you to the Company within the one (01) month immediately preceding the event that gave rise to the liability.
8. Modification of these Terms
The Company may, at any time, modify these Terms without any prior notification to you. The Company will notify you of these changes via the e-mail address provided to us at the time your Enterprise Account was created, and/or by posting a notice on the Platform, informing you that these Terms have been modified. You can access the latest version of the Terms at any given time on the Platform. If the modified terms and conditions of the Terms are not acceptable to you, you should discontinue accessing your Enterprise Account. However, if you continue to access your Enterprise Account, you shall be deemed to have agreed to accept and abide by the modified terms and conditions of these Terms.
9. Entire Agreement; Order of Priority
The Agreement constitutes the entire agreement between you and the Company in respect of the subject matter it is applicable to, and supersedes all previous representations, understandings etc. whether oral or in writing made prior to the date of execution of the first document forming part of the Agreement. In the event of a conflict between these Terms, and any other document or instrument forming part of the Agreement, the provisions of these Terms shall prevail. However, where there are additional terms and conditions specifically provided for: (a) a particular service being provided to you, or (b) your or the Company’s rights and obligations, such additional terms and conditions shall, unless they conflict with these Terms, be deemed to be applicable.
10. Severability
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
11. Governing Law & Jurisdiction
The Terms shall be construed in accordance with the laws of India. Courts of competent jurisdiction in Pune, India shall have sole and exclusive jurisdiction in any proceedings arising out of these Terms.
Information
- Phone
+91 20 49306342
- Address
402, Konark Epitome, Vimannagar,
Pune 411014, Maharashtra, India