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Terms of Use
TERMS OF SERVICE AND END USER LICENSE AGREEMENT ('EULA')

Welcome to qcy-india.com ("Site"). This website is owned and operated by WooDoo Ventures Private Limited, a company incorporated under the provisions of the Companies Act, 1956 with its registered office at A-62, Sector-40, NOIDA, Uttar Pradesh, INDIA, 201301 (hereinafter to be addressed as “Company”).  You may be accessing our Site from a computer or mobile phone device (through an iOS or Android application, for example) and this EULA governs your use of our Site and your conduct, regardless of the means of access. The EULA governs all the products offered on the Site.
The following EULA constitutes a legal agreement between the company and you ("User/you/you") for use of the website, Device (smart wearables, accessories, and home appliances), Software, APK (all terms defined below), as the case may be.
THIS DOCUMENT IS AN ELECTRONIC RECORD IN THE TERMS OF INFORMATION TECHNOLOGY ACT, 2000, AND THE RULES THEREUNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.


For the purposes of this EULA,
‘Device’ shall mean smart wearables, accessories, and home appliances marketed/made under the brand “QCY” by COMPANY.
‘Software’ shall mean the pre-installed software including the APK in the Device, which software is either owned by Company or third-party suppliers and includes upgrades, updates, enhancements and push notifications provided from time to time.
‘APK’ shall mean the preinstalled application store services which may be made available on your device, which you can use to download third-party applications.


ACCESSING, BROWSING OR OTHERWISE USING THE DEVICE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THIS EULA, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING.


The Site is only to be used for your personal non-commercial use and information. Your use of the Site and features of the Site shall be governed by this EULA, along with the Privacy Policy, and all other company policies (together "Policies") as modified and amended from time to time. By mere accessing or using the Site, you are acknowledging, without limitation or qualification, to be bound by this EULA, whether you have read the same or not. If you do not agree to any of the terms enumerated in the EULA, please do not use the Site. If you do not agree to be bound or cannot comply with any term of this EULA, please do not continue availing of the services or using the Device. Your act of clicking on/checking the “I agree” tab/box below shall be deemed as an agreement to this EULA. In the event that you are below the age of eighteen (18), then this EULA must be accepted by a parent or natural guardian prior to commencing any access or use of our services and/or the Device.


Company reserves the unilateral right to change the particulars contained in the EULA or the Policies from time to time, without notice to its users, and at its sole discretion. Any change or modification to the EULA or the Policies shall be treated as effective immediately from the date of such upload on the Site. Your continued use of the Site following the change or modifications constitutes your acceptance of the modified Terms of EULA and Policies whether or not you have read them. For this reason, the users should frequently review the EULA and all other policies, to understand the terms and conditions that apply to their use of the Site and Devices. 


1. LICENSES
Subject to the EULA and its terms and conditions, Company hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to install, use, access, display and run one copy of the Software and/or the Apks, which are owned or controlled by Company, on your Device in perpetuity for the territory of India. The rights granted herein are subject to your compliance with this EULA. The license is granted under the acknowledgement that no title or ownership is being transferred or assigned and this EULA is not to be construed as a sale of any rights in the Software and/or APK. For any part of the Software/Apk owned by third-party suppliers, the use of such Software/APK shall be governed by their individual end-user license agreements.


2. PRIVACY PRACTICES
We understand the importance of safeguarding your personal information and we have formulated a Privacy Policy, to ensure that your personal information is sufficiently protected. Apart from the EULA, the Privacy Policy shall also govern your visit and use of the Site and use of devices. Your continued use of the Site implies that you have read and accepted the EULA and Privacy Policy and agree to be bound by its terms and conditions. You consent to the use of your personal information by the Company in accordance with the terms and purposes set forth in the Privacy Policy, the same may be subject to amendment from time to time at the sole discretion of the Company. 


3. ACCOUNT
This Site is directed to be used by adults only. We assume that any minor if at all, accessing our Site is under the supervision of their guardians. The Company or its associates do not knowingly collect information from minors. You will be responsible for maintaining the confidentiality of your account, and password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password. You acknowledge that the information you provide, in any manner whatsoever, is not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature. 
If you are accessing, browsing and using the Site on someone else’s behalf; you represent that you have the authority to access the site on behalf of the person and in compliance with the EULA. In the event that the person refuses to be bound as the principal to this EULA, you agree to accept liability for any harm caused by any wrongful use of the Site resulting from such access or use of the Site in whatsoever nature.
You further agree that your Account may be suspended, without any notice, in the event you breach this EULA or any end user license agreement of any third party or any part thereof. You are solely responsible for maintaining the confidentiality and security of your Account, and for all activities that occur on or through your Account, and you agree to immediately notify Company in writing of any security breach of your Account. Company shall not be responsible for any losses arising out of the unauthorized use of your Account.
We reserve the right to refuse service and/or terminate accounts without prior notice if this EULA is violated or if it is in Company’s best interests to do so. You are solely responsible for all contents that you upload, post, email or otherwise transmit via the Site. The information provided to us shall be maintained by us in accordance with our Privacy Policy.
Purchase and/or download of any Software from the site on the Device may be subject to further authentication and you agree to comply with any such procedure that may be applicable, from time to time. Each Software may have a separate download and delivery timeline and you shall not hold Company responsible for any delay or failure in download, delivery, access and/or use of any Software by you.
You agree and acknowledge that Company may use details from your Account for providing services, enhancements and upgrades, from time to time.
 
4. PRODUCT INFORMATION AND USE 
Company attempts to be as accurate as possible in the description of the product on the Site. However, typographical errors, inaccuracies and incomplete data cannot be ruled out. Company does not warrant that the description, colour, information or other content of the Site is accurate, complete, reliable, current or error-free. The product pictures are indicative and may differ from the actual product. Company reserves the right to correct, change or update information, errors, inaccuracies or omissions at any time (including after an order has been submitted) without prior notice including but not limited to pricing and availability of the devices. 
The devices available for sale on the Site, and the samples, if any, that Site may provide you, are for your personal and/or professional use only and shall not be resold for any reason.


5. PRICING
Prices and availability of products are subject to change without prior notice and at the discretion of company. Company may revise and cease to make available any product at any time. In the situation, the delivery is delayed, the order will be completed or cancelled on your instructions and where delivery is not possible, then you will be notified by an e-mail and your order will be automatically cancelled due to the unavailability of the product The Company shall not be liable to pay for any damages in such an event owing to cancellation of the order or delay in delivery.
The Company strives to provide accurate information regarding the product and pricing, however, errors may occur. Pricing and availability of all devices are subject to change before you purchase by clicking the button. All sales of devices are final and subject to cancellation, return, replacement or refund as per company policy. Any order may be refused/cancelled, if, on account of any technical error, the product is listed at an incorrect price or with incorrect information. In the event that an item is wrongly priced, the Company may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been delivered, your offer will not be deemed accepted and the Company will have the right to modify the price of the product/ service and contact you for further instructions using the e-mail address provided by you during the time of registration or placing of the order, or cancel the order and notify you of such cancellation. If any order is cancelled after the payment is received/processed, the said amount will be reversed.

6. INTELLECTUAL PROPERTY RIGHTS
For the purposes of this EULA, the term “Intellectual Property” shall mean any and all worldwide rights existing now or in the future under patent law, copyright law, trademarks law and works subject to copyright, as may be manifest in or results from specifications, manuals, reports, drawings, functional or system block diagrams, flow charts, circuit diagrams, design or user documentation, engineering notebooks, schematics, simulation data, software, firmware, processes or other embodiments of information, whether the patent or copyright has been obtained, applied for (or is capable of being applied for), moral rights law, trade secret law, and any and all similar proprietary rights, however, denominated, and any and all renewals, extensions and restorations thereof, now or hereafter in force and effect.
The names and logos and all related product names, design marks and slogans are the trademarks, logos or service marks of the Company. Marks displayed on this Site, whether registered, applied for registration or unregistered, of the Company are the intellectual property of the Company.
No trademark or service mark license is granted in connection with the materials contained on this Site and access to this site does not authorize anyone to use any marks in any manner.


7. TERMINATION
This EULA is effective until terminated. Your rights under this license will terminate automatically without notice from the company if you fail to comply with any of the terms and conditions of this EULA. Upon termination of this EULA, you must cease all use of the Software, Firmware and destroy all copies, full or partial of the Software.
8. DISCLAIMER OF WARRANTIES
Unless separately stated in a written express limited warranty accompanying your device, all software/Apk provided by Company with the device whether included with the device, downloaded, or otherwise obtained) and the device is provided “as is” and on an “as available” basis, without warranties of any kind from Company or any of its affiliates, either express or implied. To the fullest extent possible pursuant to applicable law, Company disclaims all warranties express, implied, or statutory, including, but not limited to, implied warranties of merchantability, satisfactory quality or workmanlike effort, fitness for a particular purpose, compatibility with the device, reliability or availability, accuracy, lack of viruses, quiet enjoyment, non-infringement of third party rights or other violation of rights. Some jurisdictions do not allow exclusions or limitations of implied warranties, so the above exclusions or limitations may not apply to you. No advice or information, whether oral or written, obtained by you from Company or its affiliates shall be deemed to alter this disclaimer by Company of warranty regarding software, Apk and/or the device, or to create any warranty of any sort from Company. You expressly acknowledge and agree that, to the extent permitted by applicable law, use of the software and any services performed by or accessed through the software is at your sole risk and that the entire risk as to the satisfactory quality, performance, accuracy, and effort is with you.


9. LIMITATION OF LIABILITY
In no case shall Company, its directors, officers, employees, affiliates, agents, contractors, principals, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the Device and/or the services or for any other claim related in any way to your use of the software or Apk or the device, including, but not limited to, damages to property, loss of goodwill, computer failure or malfunction, errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, failure to connect, network charges, in-app purchases, and all other direct, indirect, special, incidental, exemplary, or consequential damages and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to this EULA or the software, the firmware, and/or the device, whether arising in tort (including negligence), contract, strict liability or otherwise, even if advised of the possibility. Where the laws do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, Company's liability shall be limited to the extent permitted by law. Notwithstanding the foregoing, Company's total liability to you for all losses, damages, and causes of action, including but not limited to those based on contract, tort, or otherwise, arising out of your use of the software or third-party applications on this device, the firmware, the device, or any other provision of this EULA, shall not exceed the amount you paid specifically for the device or any such third party application that was included with this device.
You hereby irrevocably and unconditionally waive your right to sue or recover any damages from Company, its directors, officers, employees, affiliates, agents, contractors, principals, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to any services, software, firmware or to take any other action during the investigation of a suspected violation or as a result of Company's conclusion that a violation of this EULA has occurred. This waiver and indemnity provision above applies to all violations described in or contemplated by this EULA.

10. GOVERNING LAW
You shall comply with the laws of India and/or any laws that may apply to You. Notwithstanding the conflict of laws principle, the EULA shall be governed and construed in accordance with the laws of India and any dispute or other matter arising in reference to the use of the Device/Software/Apk shall be referred to a sole arbitrator appointed by Company and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be New Delhi, and shall be conducted in English language. All the costs, charges and expenses in connection to the arbitration shall be solely borne by You. Subject to the above, the Courts having jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996, to determine all matters which the Court is entitled to determine under the aforesaid Act, including, without limitation, provision of interim reliefs under the provisions of Section 9 of the Arbitration and Conciliation Act, 1996, shall exclusively be the courts at New Delhi, India. Notwithstanding the foregoing, you agree that Company has the right to bring any proceedings before any court/forum of competent jurisdiction and You irrevocably submit to the jurisdiction of such courts or forum.


11. SITE SECURITY AND PROTECTION
The user is not allowed to use any device, software or routine to interfere with the proper working of this Site or any activity being conducted on this Site. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, making unauthorized access to data or server, unauthorized system access, unauthorized network access, security breach, any virus attack, overloading, flooding, spamming, mail bombing, crashing, sending unsolicited email, etc. Any such violation will be investigated by the Company and such violators will be prosecuted. 


12. GENERAL
a. You agree to bear the full, complete, and sole responsibility for using the Device and/or Software for any purpose. You also agree to indemnify and hold Company harmless from and against any claims, proceedings, actions, damages, costs (including reasonable attorneys’ fees), and expenses resulting from your use of the Software and/or the Device for any illegal purpose and/or in breach of the provisions contained herein
b. If any provision of this EULA is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions given full force and effect
c. You acknowledge that your representations and warranties, obligations and the clauses relating to indemnities, limitation of liability, governing law, and confidentiality shall survive the efflux of time and the termination of this EULA
d. The EULA and Privacy Policy constitute the entire agreement between you and the Company governing your use of the Device and the Software/APK, superseding any prior agreements between you Company regarding such use.
e. You hereby acknowledge and agree that the relationship between the you and company and its/their affiliated companies is not a confidential, fiduciary, or other special relationship
 

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