Terms and Condition: Individuals
Welcome to the ‘QuiCard’ mobile application (the “App” or the “Platform”), published and provided to you by 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”).
These Terms of Use (“Terms”) govern your access and use of the App, and the Services made available to you on the Platform.
By accessing or using the App, or availing our Services, you agree to be legally and contractually bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.
1. Definitions: For the purposes of these Terms, the following capitalised terms shall have the following meanings:
a. “Requested Information” is the data, information, details, and any documentation (personally identifiable or otherwise) you provide or upload / will provide or upload to the Platform (and us) through your User Account from time to time.
b. “User Account” is the account created by you on the Platform, to enable you to utilise our services available on the Platform.
2. User Eligibility
2.1 Use of the App is available only to individuals aged eighteen (18) years and above, who have the capacity to execute legally binding contracts under the Indian Contract Act, 1872, and/or any other applicable law.
2.2 Registration on the App by creating of a User Account is a mandatory requirement for availing our Services.
2.3 This App is not available to individuals whose User Accounts have been suspended or terminated by the Company for any reason whatsoever.
3. User Obligations
3.1 When you create a User Account, you shall create a username and a password, and provide us with information including without limit your registered mobile phone number, e-mail address, and any other information or details or evidence we may require in order for us to authenticate your Registration Data (defined below).
3.2 You also understand and agree:
a. to provide true, accurate, current and complete information about yourself, as prompted by the App’s registration form (such information being the “Registration Data”);
b. to provide true, accurate, current and complete information, when uploading the Requested Information to the App, or otherwise providing Requested Information / other information about yourself to the Company;
c. to maintain and promptly update the Registration Data and Requested Data to keep it true, accurate, current, complete, and to not disclose your User Account credentials to any third-parties to these Terms. If you provide us with any information that is untrue, inaccurate, incomplete, or not current or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with these Terms, the Company has the right to indefinitely suspend or terminate your account and refuse to provide you with access to the App and/or cease to render any of the Service(s) to you, without any further obligations under these Terms or any other terms and conditions applicable to your use of the App / Services;
d. the Company reserves the right to terminate your User Account and discontinue providing you with access to the App including but not limited to access to our Services, if the Company discovers that you are under the age of eighteen (18) years, or incapable of executing a binding contract under applicable law, or for any other reason (as may be reasonably determined in the Company’s sole discretion); and
e. any calls or other communications made by/to the Company to/by you in relation to the Services being provided may be recorded, and any such recordings will be stored and treated in accordance with applicable law, and our Privacy policy. You hereby provide your consent for the same
4. The Services
4.1 Broadly, the services provided to you by the Company on the App (“Services”) constitute a digital platform that enables you to upload and store Requested Information on the App, with the aim of streamlining the verification of your identity, background, and credibility by your present or potential employers or customers or clients or service providers or service recipients or vendors, etc. (“Enterprise(s)”).
4.2 Verification and authenticity / credibility checks, are carried out by third-party background verification service providers (“Background Verifier(s)”). However, we will only share Requested Information stored by you on the App with a Background Verifier:
a. if and when we receive a specific request for a background / verification / credibility check to be conducted on you from an Enterprise; and
b. to the extent required or requested by the Background Verifier, in order for it to carry out the verification activities requested by the Enterprise; and
c. in adherence with our Privacy policy; and
d. after we obtain your prior, express, written consent, in a Consent Form we will provide to you, for each instance that an Enterprise makes a request for verification pursuant to Paragraph 4.2(a) above.
4.3 You understand and acknowledge that upon the satisfaction of conditions set out in Paragraphs 4.2(a), 4.2(b), 4.2(c), and 4.2(d) above, the Background Verifier, upon completion of its verification / authentication activities and processes, will compile a summary report of its findings (“Report”). A copy of the Report will be shared with:
a. you; and
b. the specific Enterprise that requested the verification.
The Company further reserves the right to retain and store a copy of the Report for such period as the Company may deem fit, and you hereby waive any rights (intellectual property or otherwise under any applicable law) in any Report created in in accordance with these Terms, or any other documentation executed by you or on your behalf in the course of your utilisation of the App and/or the Services.
4.4 You acknowledge that the Company is only a facilitator, that collects and stores your Requested Information, for processing in the manner expressly consented to by you, and in accordance with the Privacy policy. You agree that the Company cannot control, and shall not be liable (directly or indirectly) for: (a) any decisions that impact you (in any manner) made by an Enterprise on the basis of a Report; and (b) the manner in which Background Verifiers conduct their verification processes / activities.
4.5 Our Privacy Policy available at: Privacy policy explains how and why we collect, use, process and share information about you, including the Requested Information when you access or use our Services. You understand that through your use of the Services, you consent to the collection and use of this information in the manner set forth in the Privacy Policy.
5. License & Intellectual Property
5.1 Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to access and use:
a. the App on your personal mobile phone, solely in connection with your use of the Services; and
b. any content, information and related materials that may be made available to you through the Services, in each case solely for your personal use.
5.2 You agree and confirm that:
a. unless otherwise expressly stated or indicated, copyright, database right and all other proprietary rights, title and interest in all material presented on the App (“IP”) is owned by or licensed to the Company, and is protected or covered by copyright, trade mark, patent, and/or other intellectual property law and/or other proprietary rights;
b. you shall not display, print or download extracts from the App, whether for your personal or non-personal use, and you shall not commercialise any IP in any way;
c. you shall not (whether directly or indirectly including through the use of any program) create a database in an electronic or other form by downloading and storing all or any part of the pages from the App;
d. unless with our prior written permission, no part of the App shall be reproduced or transmitted to or stored in any other website or mobile application, nor shall any of its pages or part/s thereof be disseminated in any electronic or non-electronic form; and
e. nothing on the App or your use of the Service(s) shall be construed as conferring on you or any party, any licence or other rights to the intellectual property or other proprietary rights of the Company, its affiliates or any third party, whether implied or otherwise.
5.3 Any rights not expressly granted in these Terms are reserved by Company.
6. User Representations, Warranties, Covenants, and Restrictions
6.1 You hereby agree and confirm:
a. in the event that you are unable to utilise the Service(s) on account of an inaccuracy or mistake by you (i.e., including but not limited to you providing us with a wrong name or address or any other such incorrect information) and any inconvenience or delay that ensues are a result of such mistake, shall not be the Company’s liability;
b. you shall use the Services for lawful purposes only and comply with all applicable laws and regulations while using any of the Services / the App;
c. the Company reserves the right to confirm and validate the Registration Data and other details provided by you at any point of time, in any manner. If Registration Data is found not to be true (wholly or partly), the Company has the right, in its sole discretion, to terminate your User Account and debar you from using the App without any prior intimation whatsoever; and
d. you have voluntarily opted to avail the Services.
6.2 You hereby agree that you shall not use the App for any of the following purposes:
a. uploading, storing, or disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, pornographic, or otherwise objectionable material;
b. gaining unauthorised access to other computer systems;
c. interfering with any other person’s use or enjoyment of the App and/or the Services;
d. breaching any applicable laws;
e. interfering or disrupting networks or websites or APIs connected to or integrated with the App;
f. making, transmitting, or storing electronic copies of materials protected by copyright or other applicable intellectual property legislation without the written permission of the Company; and/or
g. accessing or trying to access any user account other than your User Account.
6.3 You further agree that you shall not:
a. remove any copyright, trademark or other proprietary notices from any portion of the Services, the App, or the software upon which it operates;
b. reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the App, or the software upon which the App operates except as expressly permitted by the Company;
c. decompile, reverse engineer or disassemble the App or any portion thereof or any software upon which the App operates;
d. cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the App or unduly burdening or hindering the operation and/or functionality of any aspect of the Services / App; or
e. attempt to gain unauthorised access to or impair any aspect of the App, or its related systems or networks.
7. Electronic Communications
7.1 When you visit the App, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you:
a. by posting notices on the App; and/or
b. via e-mail; and/or
c. by calling you and/or sending text messages to you, including prerecorded/artificial voice messages or an automatic dialing device, to the mobile telephone number associated with your User Account.
7.2 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 your mobile phone number, e-mail address, and other contact details regularly.
8 Reviews, Feedback, Submissions
8.1 All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to the Company on or through the App or otherwise disclosed, submitted or offered in connection with your use of the App or use of the Service(s) (collectively, the “Comments”) shall be and remain Company property. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual property/s in the Comments. You agree that 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 Comments.
8.2 The Company shall be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments 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 Comments in confidence;
b. to pay you any compensation for any Comments; and/or
c. to respond to any Comments.
8.3 You agree that any Comments submitted by you to the App 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 Comments submitted by you to the App 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”. The Company may not regularly review your Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments. You grant the Company the right to use the name that you submit in connection with any Comments. You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify the Company, its affiliates, service providers and third parties, for all claims, actions, proceedings, damages, and losses resulting from any Comments you submit. The Company takes no responsibility and assumes no liability for any Comments submitted by you or any third-party.
9. Indemnity
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), suffered or incurred by the Company, or that could potentially be suffered or incurred by the Company, in connection with any breach by you of these Terms, of your warranties, representations, covenants, undertakings set out herein, or in relation to the non-fulfillment of any of your obligations under these Terms, or arising out of your violation of or non-compliance with any applicable laws, loss of service by other users of the App that is (directly or indirectly) attributable to you, or in relation to any claims arising due to you providing / uploading inaccurate or incorrect or misleading Registration Data / Requested Data. This Paragraph shall survive any expiry or termination of these Terms (in any manner).
10. Limitation of Liability and Disclaimers
10.1 The functions of the App are limited to: (a) collection and storage of Requested Information, to facilitate the processing of Requested Information by Background Verifiers on the basis of your consent; and (b) enabling provision of the Report to you, and to the specified Enterprise/s. The Company shall not be responsible in any manner whatsoever for: (a) the reliability or quality or accuracy of the Report, (b) the manner in which Background Verifiers operate, or undertake the verification / authentication process, or (c) any decision/s made by the Enterprise/s on the basis of the Report. This Paragraph 10.2 constitutes an essential part of the App, and the basis upon which the Services are being provided to you.
10.2 To the fullest extent permitted under applicable law, the Company shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits or other monetary losses, goodwill, use, data or other intangible losses arising out of or in connection with the App, the Service(s), and / or any Report(s).
11. 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 e-mail and/or by posting a notice on the App, informing users that these Terms have been modified. You can access the latest version of the Terms at any given time on the App. In the event the modified terms and conditions of the Terms are not acceptable to you, you should discontinue using the Service(s). However, if you continue to use the Service(s), you shall be deemed to have agreed to accept and abide by the modified terms and conditions of the Terms.
12. Entire Agreement
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. Unless otherwise specified herein, these Terms, the Privacy Policy, and Consent Forms executed by you constitute the entire agreement between you and the Company with respect to the Services, and shall supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Service(s). The Company’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
13. Order of Priority
If there is any conflict between these Terms, the Consent Form, and the Privacy Policy, the provisions of these Terms shall prevail. However, where there are additional terms and conditions specifically provided for a particular Service or action taken by the Company, such additional terms and conditions shall, unless they conflict with the Terms, be deemed to be applicable.
14. Governing Law and Jurisdiction
The Terms shall be construed in accordance with the applicable laws of India. Courts of competent jurisdiction in [Pune], India shall have sole and exclusive jurisdiction to decide any disputes arising out of these Terms.
Information
- Phone
+91 20 49306342
- Address
402, Konark Epitome, Vimannagar,
Pune 411014, Maharashtra, India