Term & Conditions

Last Updated 28 November, 2022

Interpretation and Definitions

Interpretation Subscription Plans 

The words of which the terms are in bold have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purpose of these terms and conditions:

• “Application” means the software program provided by the company downloaded by you on any electronic device, named Travmeds.
•  “Account” means a unique account created for you to access our service or parts of our service.
• “Company” (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to QuickElf.
•  “Country” refers to India.
•  “Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by you, regardless of the form of that content.
•  “Device” means any device that can access the service such as a computer, a cell phone or a digital tablet.
• “Feedback” means feedback, innovations or suggestions sent by you regarding the attributes, performance or features of our service.
•  “Service” refers to the application.
•  “Terms and Conditions” (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between you and the Company regarding the use of the Service.
• “Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
•  “You/ Your” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Jurisdiction/ Governing Law

•  These terms will be construed in accordance with Laws of India, without regard to any conflict of law provisions. The waiver of any provision of Terms shall not be considered waiver of any other provision or of our right to require strict observance of the terms herein. If any provision of this term is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.
•  Subject to the aforesaid, the Courts at Kolkata shall have exclusive jurisdiction over any proceedings arising in respect of the user agreement. 

User Accounts

• When you create an account (“account”) with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. (“ Service”).
•  You are responsible for safeguarding the password that you use to access the service and for any activities or actions under your password, whether your password is with our service or a Third-Party Social Media Service. ( “ Third party Social Media Service” ).
• You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
•  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 trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Content Restrictions

• The Company (“company ”) is not responsible for the content of the service's users. You expressly understand and agree that you are solely responsible for the content ( “content”) and for all activity that occurs under your account, whether done so by you or any third person using your account.
• You may not transmit any content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable content include, but are not limited to, the following:

1. Unlawful or promoting unlawful activity.
2. Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
3. Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
4. Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
5. Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
6. Impersonating any person or entity including the Company and its employees or representatives.
7. Violating the privacy of any third person.
8. False information and features.

• The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this content. The Company further reserves the right to make formatting and edits and change the manner of any content. The Company can also limit or revoke the use of the service if you post such objectionable content. As the Company cannot control all content posted by users and/or third parties on the service, you agree to use the service at your own risk. You understand that by using the service you may be exposed to content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Intellectual Property

• The Service and its original content (excluding Content provided by you or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
•  The service is protected by copyright, trademark, and other laws of both the country (“country”) and foreign countries.
• Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Payment Details

• If you are using a free version of our services, it is really free - we do not ask you for your credit card or debit card details and just like for customers who pay for our services - we do not sell your data. We do not store any data for payment details. We use trusted third parties.
• For paid services that offer a free trial, we explain the length of the trial when you sign up. After the trial period, you need to pay in advance to keep using our services. If you do not pay, we will freeze your account and it will be inaccessible until you make the payment.
• We provide two kinds of subscription services- monthly and annual.
•  If you are upgrading from a free plan to a paid plan, we will charge your card immediately and your billing cycle will start from the next billing cycle on the day of upgrade. For other upgrades or downgrades in plan level, the new rate starts from the next billing cycle.
•  We provide Monthly subscriptions for a month on month basis and not for 30 days. Your monthly subscription will expire if that month of that calendar year ends. Your monthly recharge is valid as follows:

For the month of-

1. January- from 1st to 31st.
2. February- from 1st to 28 th, 29th in case of a leap year.
3. March- from 1 st to 31st.
4. April- from 1 st to 30th.
5. May- from 1 st to 31st.
6. June- from 1st to 30th.
7. July- from 1 st to 31st.
8. August- from 1 st to 31st.
9. ü September- from 1 st to 30 th.
10. October- from 1 st to 31 st.
11. November- from 1 st to 30th.
12. December - from 1st to 31st.

(Explanation : If for example,the user wants to recharge for the month of December, irrespective of the fact the user recharges on 1 st of December, or any date in between 1st to 31st, or on 31st, the plan will expire on 31st of December as it is the final and concluding day of the month of December.)

• We provide Annual subscriptions for a period of 12 months.

Termination

• We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
• Upon termination, your right to use the service will cease immediately. If you wish to terminate your account, you may simply discontinue using the service. 

Liability 

You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses( even if the Company has been advised of the possibility of such damages), resulting from : (i) the use or inability to use the Services; (ii) the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services, (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Terms of service or the services, whether as a breach of tort (including negligence whether active or passive), or any other theory of liability.

Disclaimers; No Warranties

 The service is provided “AS IS” and on an “AS AVAILABLE” basis, without any warranty or condition or any kind, either express or implied. This app entities specifically( but without limitation) disclaim- (i) any implied warranties of merchantability, fitness, for a particular purpose, quiet enjoyment, or non-infringement; (ii) any warranties arising out of course of dealing, usage, or trade, (iii) any warranties that the information or results provided in, or that maybe obtained from the, use of the warranties whatsoever regarding any product, services, information or other material advertised, made available, or referred to you through the service, you assume all risk for all damages, including damage to your computer system, mobile device (“ device”) , or loss or data that may result from the use or access to the service. You assume all risk for all damages, including damage to your computer system, mobile device or loss of data that may result from your use or access to the service, any content, materials, information, or software downloaded, used or otherwise obtained through the use of service is done at your own discretion and risk. Some jurisdictions do not allow the exclusion of certain warranties in some circumstances, accordingly some of the limitations may not apply to you.

Your Feedback to Us 

• You assign all rights, title and interest in any Feedback you provide the company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
• If you have questions or concerns about the terms write to us at info@quickelf.com
• We also provide a survey form for you to fill out as your feedback (“ feedback”) is valuable to us.

Dispute Resolution Mechanism

 If you have any concern or dispute regarding the service, you agree first to resolve the dispute informally by contacting the company. Reach out to us at info@quickelf.com .

Severability and Waiver

Severability

 If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Modification of the Terms

We reserve the right, at our discretion, to change the Terms on an ongoing basis at any time. Please check the Terms periodically for changes. Your continued use of service after the changes become effective constitutes your binding acceptance of such changes. In the event that a change to the Terms materially modifies your rights or obligations, we will make an effort to notify you of the change, such as sending you an email to the address we have on file for you, or presenting a pop up window or other notification to you through the service when you log in. Immaterial modifications are effective upon publication, and material changes will be effective upon the earlier of (a) continued use of service with actual knowledge of the modifications are effective, or, (b) thirty (30) days following the change. For avoidance of doubt, disputes arising hereunder will be resolved in accordance with the Terms in effect that the time of the dispute arose.

Privacy Policy

We know our personal information is important to you, so it is important to us. Our Privacy Policy - Google Docs details how information is used when you use our service. By using our service, you’re also agreeing that we can process your information in the ways that are set out in the Privacy Policy, so please read it here.