TERMS OF USE

 

The platform www.stancebeam.com (“Platform”) is owned and operated by Quick Logi Technologies India Private Limited (“QLT”), 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 ‘StanceBeam Striker’ motion-intelligent, plug and play sensor devices (“Products”) and offer personalized and real-time performance analysis (“Services”) to users of the Platform (“Users”). 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 ‘QLT’ or ‘us’ or ‘we’ refer to the owners of this Platform. The terms ‘you’ or ‘user’, 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 (“Terms”).

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 QLT’s 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, “Platform Content”), 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 QLT’s prior written consent. Throughout these Terms, the term QLT’s "prior written consent" means a communication coming from the QLT’s 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 QLT’s 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 user’s 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 Platform’s or QLT’s 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 “hackers”) 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 QLT’s 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 QLT’s 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 “as is” and “as available” 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 QLT’s 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.