Terms and Conditions
Please read these Terms and Conditions (“Terms and Conditions”) carefully before using the http://www.qcenz.com website and Qcenz application services (the “Service”) operated by Quarkifi Technologies Pvt Ltd (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Terms of Services on Qcenz hardware
- The Home Automation System as provided by Quarkifi Technologies Pvt ltd (“Quarkifi”) may include hardware devices such as lighting control panels, sensors, door cameras, gateways,etc along with remote access for Control, Automation and of Viewing of the System.
- To maintain the full terms of this agreement, you must have full and complete authority to agree to be a participant/end user (“You”) under this Agreement.
- You do not own or have any right, title and interest in or to the mobile app or any portion thereof, including software and services, or any right, title or interest in or to any logos, trademarks, service marks, trade names, graphics and logos or other intellectual property associated with Quarkifi or any third party.
- You will not or allow anyone under your control to, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the System, or to extract portions of the System for use in other applications.
- The mobile app is made available and managed by Quarkifi and they will have access to your account information in order to support the Control, Automate or View of the system. Your customer account information will be kept confidential and will only be used in conjunction with this System. This Agreement also requires that you have broadband internet service and that your System Hardware communicates using WiFi.
- YOU RELEASE AND AGREE TO HOLD HARMLESS AND DEFEND Quarkifi Technologies Pvt Ltd AND THEIR RESPECTIVE AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS AND AGENTS (COLLECTIVELY, THE “QUARKIFI GROUP”) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION, AND ANY RELATED LIABILITY, DAMAGES, COSTS AND EXPENSES ARISING IN ANY MANNER OUT OF THE SYSTEM OR THIS AGREEMENT OR ANY INSTALLATION, IMPLEMENTATION, MODIFICATION, UPGRADE, USE, RETURN, REPAIR, MAINTENANCE OR REMOVAL OF THE SYSTEM (INCLUDING THE SYSTEM HARDWARE, SOFTWARE AND MONTHLY SERVICES), INCLUDING ANY DAMAGE, DESTRUCTION OR MISUSE OF SYSTEM HARDWARE, EXCEPT TO THE EXTENT RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF THE QUARKIFI GROUP. WITHOUT LIMITATION OF THE FOREGOING INDEMNITY, YOU DO NOT HAVE ANY AUTHORITY FROM THE QUARKIFI GROUP TO USE THE SYSTEM, INCLUDING SYSTEM HARDWARE, IN ANY CIRCUMSTANCE WHERE THE SYSTEM AND/OR THE SYSTEM HARDWARE’S FAILURE TO PERFORM CAN REASONABLY BE EXPECTED TO RESULT IN PHYSICAL INJURY, LOSS OF PROPERTY, OR IN LOSS OF LIFE, AND YOU AGREE THAT ANY SUCH USE IS ENTIRELY AT YOUR OWN RISK.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND NOTWITHSTANDING A FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, IN NO EVENT WILL THE QUARKIFI GROUP BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SYSTEM (INCLUDING THE SYSTEM HARDWARE, SOFTWARE AND SERVICES), INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, PHYSICAL DAMAGE, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, LOSS OF OR INTERRUPTION IN SYSTEM USE, OR ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
- EXCEPT FOR ANY WARRANTIES PROVIDED BY EACH OF THE SYSTEM HARDWARE, THE QUARKIFI GROUP MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SYSTEM, INCLUDING THE SYSTEM HARDWARE, SOFTWARE AND ENERGY MANAGEMENT OR HOME AUTOMATION SERVICES, AND THE QUARKIFI GROUP EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SYSTEM (INCLUDING THE SYSTEM HARDWARE, SOFTWARE AND ENERGY MANAGEMENT OR HOME AUTOMATION SERVICES), INCLUDING MERCHANTABILITY, CONFORMITY TO MODELS OR SAMPLES AND FITNESS FOR A PARTICULAR PURPOSE.
- SHOULD YOU BE UNWILLING TO ACCEPT THESE TERMS AND CONDITIONS PLEASE NOTIFY QUARKIFI WITHIN 3 DAYS OF RECEIPT AND YOUR SERVICE WILL NOT BE ACTIVATED. ABSENT SUCH NOTIFICATION YOU ACKNOWLEDGE THAT YOUR PURCHASE RECEIPT AND USE OF THE SYSTEM HARDWARE AND YOUR USE OF MOBILE APP ARE SUBJECT TO EACH OF THE TERMS AND CONDITIONS DESCRIBED IN THIS AGREEMENT
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Quarkifi Technologies
Quarkifi Technologies has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Quarkifi technologies shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 (change this) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
If you have any questions about these Terms, please contact us at email@example.com.
Jae Sylvestre December 16, 2020
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