TERMS OF USE
The platform www.stancebeam.com (ÒPlatformÓ) is owned and operated by Quick Logi
Technologies India Private Limited (ÒQLTÓ),
a company incorporated under the Companies Act, 2013, and having its registered
office at D-2 West, Trinity Acres, Sarjapur Road, Bangalore, Karnataka -
560035. Through the
Platform, QLT seeks to offer for sale the ÔStanceBeam StrikerÕ
motion-intelligent, plug and play sensor devices (ÒProductsÓ) and offer personalized and real-time performance
analysis (ÒServicesÓ) to users of
the Platform (ÒUsersÓ). The Services
are provided through the use of Products and may be accessed through the mobile
application. As a condition for your use of the mobile application and any
software embedded the Product, you agree to adhere to the End-User License
Agreement applicable to
The Terms set out below apply to
and govern persons who register with the Platform as Users.
The
terms ÔQLTÕ or ÔusÕ or ÔweÕ refer to the owners of this Platform. The terms
ÔyouÕ or ÔuserÕ, and all its grammatical variations, refer to the user or
viewer of our Platform.
By browsing, viewing, using the Platform
or the Services provided therein you consent to and agree to comply with these Terms
and Conditions of Use (ÒTermsÓ).
QLT provides the Services subject
to the notices, terms, and conditions set forth in these Terms. In addition,
when you avail of any of the Services, you will be subject to the Privacy
Policy as available at https://www.stancebeam.com/privacy-policy
and any other rules, guidelines, policies, terms, and conditions applicable to
such specific Service, which will be deemed to be incorporated into these Terms
by reference. QLT reserves the right to change or modify the Platform, the
contents thereof, the Services and these Terms at any time without any prior
intimation to you. All modifications will be posted on the Platform and will
become effective immediately upon such posting to the Platform. Your continued
use of the Platform and/or the Services after such change or modification shall
be deemed to be your agreement to the revised/modified Terms. Please review
these Terms regularly to remain informed of any change. QLT retains the right to deny
access to Platform and/or the Services to anyone who it believes has violated
any of these Terms or does not accept these Terms.
These Terms were
last modified on 11th Dec 2017.
ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR
AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THESE TERMS, AS MODIFIED FROM TIME
TO TIME. THEREFORE, PLEASE READ THESE TERMS CAREFULLY BEFORE PROCEEDING.
1.
Eligibility
1.1
You will be eligible to use
the Services and/or enter into transactions on the Platform only if you are
above eighteen (18) years of age, are of a sound mind and are not disqualified
from contracting by any law to which you are subject.
1.2
By visiting the Platform and accepting these Terms, you represent and
warrant to QLT that you are competent to contract under the law you are
subjected to. You also represent and warrant to QLT that you will use the Platform
and the Services in a manner consistent with any and all applicable laws and
regulations.
2.
Registration
2.1
In general, you can visit our Platform without purchasing the Products
or revealing your identity or any personal information about yourself. However,
you may not be able to access certain areas or Services that require a purchase
of the Products, or registration or need you to reveal your identity and/or
other information about you. Additionally, by creating your profile and
submitting your information you confirm that you have read and agree to these
Terms and QLTÕs Privacy Policy.
2.2
As a condition to using the Services
you are required to register on the Platform, create a profile with the
requisite information and select a password and username. You may be required
to provide certain additional information as may be specified at the time of
registration or as specified in the Privacy Policy.
2.3
The registration information you provide must be accurate, complete, and
current at all times. QLT reserves the right to terminate any user account that
you may setup on the Platform, if it finds, in its sole and absolute
determination, that you are in breach of the eligibility criteria set out above
or if you violate any of these Terms.
2.4
You may not use as a username the name of another person or entity or
that is not lawfully available for use, a name or trade mark that is subject to
any rights of another person or entity other than you without appropriate
authorisation, or a name that is otherwise offensive, vulgar or obscene. You
are responsible for maintaining the confidentiality of your password and are
solely responsible for all activities resulting from the use of your password
and conducted through your account. You agree to immediately notify QLT in the
event that any unauthorised use of your account or login or any other breach of
security comes to your attention.
3.
Features and Services
3.1
Through the Platform, QTL shall store and offer data arising out of the
use a Product associated your account with the Platform. You are responsible
for the registration and maintenance of registration of your Product purchases
with the Platform in order for the provision of Services. QTL shall collect and
store information and data generated from the use of Product(s) and shall make
the same available in the user-account associated with each Product. QTL may
also provide additional analytical services and review services in relation to
such data on such additional terms as notified against such additional feature
or service suite.
3.2
QLT may change, improve and/or modify its Services and the Platform,
including adding new features and functionalities, at its sole discretion,
without providing specific notice to you of such changes.
4.
Use of Content
This Platform is controlled and operated by QLT. QLT
authorises you, subject to these Terms, to view and access the content
available on or from the Platform and to access and use content from the Platform
(as defined below) solely for your personal, non-commercial use. The contents
of the Platform, whether partial or otherwise, such as designs, text, data, graphics,
images, video, information, logos, button icons, software, audio files and
other Platform content (collectively, ÒPlatform
ContentÓ), are protected under applicable copyright, trademark and other
laws. All Platform Content, including content arising out of the use of
Product(s) or pursuant to the Services, is the property of QLT or its licensors.
The compilation (meaning the collection, arrangement and assembly) of all
content used in analysis (whether existing features or those which are added
later) on the Platform is the exclusive property of QLT and is protected by
Indian and international copyright, trademark, and other laws. Unauthorised use
of the Platform Content may violate these laws and/or applicable communications
regulations and statutes, and is strictly prohibited. Except where otherwise
agreed in writing with QLT or specified in these Terms, the Platform Content is
solely for your personal, non-commercial use. You may not sell or modify the Platform
Content or reproduce, display, publicly perform, distribute, or otherwise use
the Platform Content in any way for any public or commercial purpose, in
connection with products or services that are not those of QLT, in any other
manner that is likely to cause confusion among consumers or that otherwise
infringes QLT's intellectual property rights. Without the prior written consent
of QLT, modification of the materials, use of the materials on any other
website or networked computer environment or use of the Platform Content on any
other website or networked computer environment or use of the materials for any
purpose other than personal, non-commercial use is a violation of the
copyrights, trademarks and other proprietary rights of QLT and its licensors
and is prohibited. Any use of the Platform Content for which or pursuant to
which you receive or intend to receive any remuneration, whether monetary or
otherwise, is a commercial use for the purposes of this clause. The Platform
Content, despite efforts of QLT, may contain inaccuracies or typographical
errors. QLT makes no representations about the accuracy, reliability,
completeness or timelines of the Platform Content. The use of the Platform
Content is at your own risk. Changes are periodically made to the Platform and
may be made at any time. This Platform may contain content provided by third
parties. The responsibility for such content is solely that of the respective
authors/contributors/posters and is not necessarily endorsed in any manner by QLT.
QLT shall not be responsible for or liable in any manner whatsoever for the
content provided by such authors/contributors/posters in any section of this Platform.
Further, the accuracy of the Platform Content has not been verified by QLT and
we provide no warranties of the same. If you seek to rely on any representation
of information contained on this Platform, any such reliance shall be at your
own risk.
5.
User Representations
5.1
You
hereby represent and warrant to QLT that as a User, you will not provide
personal information that is not your own. The user account of any User found
to be creating an account or providing information in proxy or in violation of
the privacy rights of any other individual will be liable to be immediately
terminated.
5.2
You
further represent and warrant that, to the extent you decide to share personal
or other information, you will not post or submit incomplete, false or
inaccurate personal or other information.
5.3
You
further represent and warrant to QLT that any information or documentation made
available by you to QLT or on the Platform shall not constitute confidential
information and that you are not bound by any confidentiality or non-disclosure
obligations in relation to such information or documentation, and are permitted
to share the same with third parties.
6.
Acceptable and Lawful Use
6.1
You
expressly acknowledge and agree that in order to ensure your acceptable and
lawful use of the Platform and/or the Services you will comply with the rules
of conduct specified in this Clause 6.
6.2
You
may not post, distribute or reproduce in any way any copyrighted material,
trademarks or other proprietary information without obtaining the prior written
consent of the owner of such proprietary rights.
6.3
Any
information provided by you on the Platform shall not be misleading in any way.
6.4
You
may not post or transmit or engage in interactions on the Platform, if it in
any way:
(a)
is violative of applicable law or is patently offensive to the general
community, such as sexually explicit content, or content that promotes
obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind
against any group or individual;
(b)
harasses or advocates harassment of another person, or solicits, or
stalks another member of a forum or any other user of the Services;
(c)
promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libellous;
(d)
infringes upon or violates any third party's rights (including, but not
limited to, intellectual property rights, rights of privacy or publicity, such
as unauthorized disclosure of a person's name, email address, physical address
or phone number, or rights of publicity);
(e)
promotes an illegal or unauthorized copy of another person's
copyrighted work;
(f)
provides material that exploits people in a sexual, violent or
otherwise inappropriate manner or solicits personal information from anyone;
(g)
provides instructional information about illegal activities such as
making or buying illegal drugs, violating someone's privacy, or providing or
creating computer viruses;
(h)
contains video, photographs, or images of another person aged 18 or
older without his or her express written consent and permission or those of any
minor (regardless of whether you have obtained consent from the minor or his or
her legal guardian);
(i)
tries to gain unauthorised access or exceeds the scope of
authorized access to the Platform as per your
account category, or to profiles, journals, forums, feeds, account information,
bulletins or other areas of the Platform or solicits passwords or personal
identification information for commercial or unlawful purposes from other
users;
(j)
constitutes engagement in commercial activities and sales without QLTÕs
prior written consent. Throughout these Terms, the term QLTÕs "prior
written consent" means a communication coming from the QLTÕs legal
department, specifically in response to your request, and specifically
addressing the activity or conduct for which you seek authorization;
(k)
contains viruses, time bombs, trojan horses, cancelbots, spiders,
worms or other harmful or deleterious components or devices;
(l)
interferes with another user's use and enjoyment of the Platform ;
(m)
refers to any website or URL that, in the sole discretion of QLT,
contains material that is inappropriate for the Platform, contains content that
would be prohibited on the and/or Mobile Application Website, or violates the
letter or spirit of these Terms; or
(n)
contains content whose dissemination to the public is restricted by
law or relevant professional guidelines.
6.5
QLT
specifically prohibits any unauthorised commercial use or other use of the Platform
and the Services, and you agree not to do any of the following:
(a)
Post
content that contains links to any website competitive to QLT;
(b)
Use
QLTÕs database of users for any purpose other than the purposes for which the
Services are sought, including but not limited to using the information in the
database to sell or promote any products or services, or engage in data mining;
(c)
Post
or submit to the Platform any incomplete, false or inaccurate biographical
information or information which is not their own, or submit any false or
inaccurate information in relation the userÕs qualifications, or services and
facilities offered;
(d)
Delete
or revise any material posted by any other person or entity;
(e)
Take
any action that imposes an unreasonable or disproportionately large load on the
PlatformÕs or QLTÕs infrastructure;
(f)
Notwithstanding
anything to the contrary contained herein, use or attempt to use any engine,
software, tool, agent or other device or mechanism (including without
limitation browsers, spiders, robots, avatars or intelligent agents) to
navigate or search the Platform and search agents available from QLT on such
Website and other than generally available third party web browsers (e.g.,
Google Chrome, Microsoft Internet Explorer, Firefox, Safari); or
(g)
Attempt
to decipher, decompile, disassemble or reverse engineer any of the software
comprising or in any way making up a part of the Platform or the Services.
6.6
You
must use the Platform and the Services in a manner consistent with any and all
applicable laws and regulations. Illegal and/or unauthorised uses of the Platform,
including without limitation, collecting usernames, contact details and/or
email addresses of other users by electronic or other means for the purpose of
sending unsolicited emails and unauthorized framing of or linking to the
Website, are not permitted. This includes the unauthorized interception of the
data stream coming from or going into the Platform, as well as attempting to
gain unauthorized access to the Platform or exceeding the authorised access for
your account category. In addition, all users agree to comply with the
provisions of any and all such laws, regulations or rules that may be enacted
from time to time in India or such other jurisdictions as QLT chooses to
operate in.
6.7
You
shall not engage in any illegal conduct in respect of your interaction with
other users of the Website, including any Users you may come in contact with
through the Website, whether such interaction is online or offline.
6.8
Your
interaction with other Users of the Platform that you may come in contact with
is at your sole and absolute discretion. Further, any offline interaction in
response to any correspondence or dealings with other users, or any information
available on the Platform, is at your own risk. QLT shall in no manner be held
responsible for the outcomes and consequences of any such interaction. QLT is
not responsible for the conduct, whether online or offline, of any User of the Platform,
including without limitation any illegal acts.
6.9
Without
the prior written consent of QLT, you may not engage in advertising to, or
solicitation of, other users through the Platform to buy or sell any products
or services. In general, in order to protect users from such advertising or
solicitation, QLT reserves the right, to be exercised at its sole and absolute
discretion, delete any such user content uploaded, posted or transmitted in any
way on the Website.
6.10
You
understand that QLT has the right at all times to disclose any information
(including the identity of the persons providing information or materials on
the Platform and using the Services) as necessary to satisfy any law,
regulation or valid governmental request. This may include, without limitation,
disclosure of the information in connection with investigation of alleged
illegal activity or solicitation of illegal activity or in response to a lawful
court order or subpoena. In addition, QLT can (and you hereby expressly
authorize it to) disclose any information about you, upon request, to law
enforcement agencies or other government officials, as necessary or appropriate
in connection with the investigation and/or resolution of possible crimes,
especially those that may involve personal injury.
6.11
QLT
reserves the right, but has no obligation, to monitor the materials posted in
the public areas of the Platform including but not limited to any public
forums, feeds or journals. QLT shall have the right to remove or edit any Platform
Content and user content, that in its sole discretion
violates, or is alleged to violate, any applicable law or either the spirit or
letter of these Terms. In no event shall QLT assume or have any responsibility
or liability for any Platform Content posted or for any claims, damages or
losses resulting from use of such Platform Content on the Platform. You hereby
represent and warrant that you have all necessary rights in and to all data you
provide and all information it contains and that such data and information
shall not infringe any proprietary or other rights of third parties or contain
any libellous, tortious, or otherwise unlawful information.
6.12
Your
correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the Platform including payment and delivery of
related services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
entities. QLT shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings or as the result of the
presence of such advertisers on the Platform.
6.13
It
is possible, that other persons (including
unauthorized users or ÒhackersÓ) may post or transmit offensive or obscene
materials on the Platform and that you may be involuntarily exposed to such
offensive and obscene materials. It also is possible for others to obtain
personal information about you due to their use of the Platform, and that the
recipient may use such information to harass or injure you. QLT does not
approve of such unauthorized uses, but by using the Website, the Mobile
Application and/or the Services, you acknowledge and agree that QLT is not
responsible for the use of any personal information that you disclose on the Platform.
You are advised to carefully select the type of information that you wish to
disclose on the Platform.
6.14
You
acknowledge, agree and understand that in the event that you wish to
deactivate, suspend or delete your account from the Platform, the information
posted or submitted on the Platform, may be stored in the QLT system for
auditing and legal compliance purposes, or for the purpose of any research,
provided that no sensitive personal information will be publicly disclosed
except in accordance with these Terms and the terms of QLTÕs Privacy
Policy.
6.15
In
the event of breach or non-compliance by you of any of the aforesaid terms, QLT
may, in its sole and absolute discretion, restrict or terminate your ability to
access the Platform and/or Services, and determine whether to take any other
actions.
7.
Warranty and Liability
Disclaimer
7.1
QLT
is constantly endeavoring to improve the quality of Services provided to you.
Due to this, the form and nature of Services provided may change from time to
time without any prior notice to you. QLT reserves the right to introduce and
initiate new features, functionalities, components to the Platform and/or
change, alter, modify, suspend, discontinue or remove the existing ones without
any prior notice to you. Further, QLT is entitled to discontinue (either
permanently or temporarily) one or more of the Services provided or terminate
the Platform without any prior notice to you. QLT may also prescribe certain
limits on the use of the Website and/or Services at its sole discretion without
any prior notice to you while at all times complying with QLTÕs Privacy Policy.
In consideration for QLT granting you access to and use of the Website and
Services, you agree that QLT and its third party providers and partners may
place such advertising on the Services or the Platform or in connection with
the display of Platform Content or information from the Services, whether
submitted by them or others.
7.2
The
Platform, all the materials and services, included on or otherwise made
available to you through this Platform is provided by QLT on an Òas isÓ and Òas
availableÓ basis without any representation or warranties, express or implied
except otherwise specified in writing. Without prejudice to the foregoing
paragraph, QLT does not warrant that:
(a)
This
Platform will be constantly available, or available at all; or
(b)
The
information on this Platform is complete, true, accurate or not misleading.
7.3
QLT,
to the fullest extent permitted by law, disclaims all warranties, whether
express or implied, including the warranty of merchantability, fitness for
particular purpose and non-infringement. QLT makes no warranties about the
accuracy, reliability, completeness, or timeliness of the Platform Content,
services, software, text, graphics and links.
7.4
QLT
does not warrant that the Platform, the Platform Content, the Services, materials
or information included on or otherwise made available to you through this Platform;
their servers; or electronic communication sent from by QLT are free of viruses
or other harmful components. Nothing on this Platform constitutes, or is meant
to constitute, advice of any kind.
8.
Accuracy of Information
8.1
The
general information on this Platform has been compiled by QLT or contributed by
other users of the Platform, from various sources including from external
sources. No representation is made or warranty given as to the completeness or
accuracy of such information. The Platform and Platform Content despite best
efforts of QLT, may contain inaccuracies or
typographical errors. QLT makes no representations about the accuracy,
reliability, completeness, or timelines of the Platform and the Platform
Content. The use of the Platform and Platform Content is at your own risk. QLT
reserves the right to make changes to the Platform Content and information on the
Platform, or to the services described therein, or to update such information
at any time without notice, but QLT makes no commitment to correct or update
this information.
8.2
You
acknowledge that this Platform and certain advertisements hosted on the Platform
as well as the Platform Content may contain links provided by third parties or
links to third party websites. Any website, information or services accessed by
or as a result of following such third-party links is at your sole risk and is
subject to the policies and regulations adopted by the third party. The content
viewed through any third-party links is not endorsed in any manner by QLT. QLT
shall not be responsible for or liable in any manner whatsoever for the content
provided by such third-party links. Further, the accuracy of the content
provided through third party links has not been verified by QLT and QLT
provides no warranties with respect to such content. Any information collected
on websites visited through such third-party links is subject to the privacy
policies of such third party websites and QLT shall not be responsible for any
use of such information by third parties.
9.
Indemnification
You represent, warrant and covenant (a) that no content
posted or transmitted by you on the Platform will (i) violate, plagiarize, or
infringe upon the rights of any third party, including copyright, trademark,
privacy or other personal or proprietary rights; or (ii)contain
libelous or otherwise unlawful material; and (b) You hereby agree to indemnify,
defend and hold harmless QLT and all of QLTÕs officers, directors, owners,
agents, information providers, affiliates, licensors and licensees
(collectively, the "Indemnified
Parties") from and against any and all liability and costs, including,
without limitation, reasonable attorneys' fees, incurred by the Indemnified
Parties in connection with any claim arising out of any breach by you of these
Terms or the foregoing representations, warranties and covenants, or the
conduct of other users of the Platform, whether online or offline. QLT reserves
the right, at its own expense, to assume the exclusive defense and control of
any matter subject to indemnification by you. You shall cooperate as fully as
reasonably required in the defense of any such claim.
10.
Termination
QLT retains the right to deny access to the Platform and/or
the Services to anyone who it believes has violated or is reasonably likely to
violate any of these Terms or does not accept these Terms. In the event that you choose to terminate and
delete your user account with QLT, or if your account has been terminated for
any other reason, such as a violation of these Terms, you acknowledge and
understand that QLT reserves the right to, at its sole discretion, either
continue to display, or delete, content that you may have posted or uploaded to
the Platform, and QLT has no obligation to maintain, store, delete or transfer
to you, any such User Content that you may have posted or uploaded to the Platform.
11.
Infringement Notification
If you believe in good faith that
any Platform Content or material posted or otherwise made accessible on this Platform,
violates these terms and conditions, or is prohibited or restricted by
applicable laws, rules and regulations, please compile the following
information and email it to QLT at contact@stancebeam.com and which email
shall contain the following information:
¥ A
clear identification of the allegedly prohibited/unlawful material on the Platform;
¥ Your contact details: name, address, e-mail address and
phone number;
¥ In
case of an alleged violation of proprietary rights (including copyright,
trade-mark or privacy rights): a statement that you believe, in good faith,
that the use of the proprietary material allegedly infringed on the website is
not authorized by you or your agent or the law;
¥ A
statement that you believe, in good faith, that such material is
prohibited/unlawful/abusive;
¥ A statement that the information provided in the notice is
accurate, and under penalty of perjury and that the signatory is authorized to
act on your behalf.
The email
notification provided by you hereunder shall be executed by your electronic
signature or
the electronic signature of the person directly affected by the violation of
these Terms by the Platform Content.
In such an event, QLT may contact
you for any further information and reserves the right to determine, at its
sole discretion, whether such Platform Content violates these terms and
conditions or is otherwise abusive/prohibited/unlawful, and may take such
action it deems appropriate. If you resort to any mala fide use of the notification process set out above, the QLT
reserves the right to restrict your access to the Platform.
In the event that you wish the QLT
to disable access to any Platform Content or to remove/take-down any such
content from the Platform, in addition to the email notification set out above,
you shall provide and attach a court order from a competent court or other
lawful order directing the removal or disabling of access to such Platform
Content to the email notification provided hereunder and provide QLT with the
original execution copy of such order.
12.
Abuse Notification
If you believe in good faith that any Platform Content
posted or otherwise made accessible on the Platform, or any online or offline
conduct of any User violates these Terms, or is prohibited or restricted by
applicable laws, rules and regulations, or is abusive or threatens and harms
other users of the Platform, you may notify us at contact@stancebeam.com . In such an event, QLT may contact you for any further
information and reserves the right to determine, at its sole discretion,
whether such Platform Content, or user conduct violates these Terms or is
otherwise abusive, and may take such action it deems appropriate. If you resort
to any malafide use of such
notification, QLT reserves the right to restrict your access to the Services.
13.
Applicable Law
13.1
The
Platform, including the Platform Content and information
contained herein, shall be governed by the laws of the Republic of India
and the courts of Bengaluru, India shall retain exclusive jurisdiction to
entertain any proceedings in relation to any disputes arising out of the same.