This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and various other relevant statutes. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Acceptance of the Terms
You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You can accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the terms or by actually using the Services.
Description of Service
We provide an array of services via mobile and web applications under the name FieldSense (referred to as the Service) for online collaboration, real-time communications and management of field operatives and others within the organisation (“Service” or “Services”). You may use the Services for your internal business purpose in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services and using the mobile apps developed by us. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and the information you create is shared with other members of your organisation.
The Service may also include certain features/functionality as closed or open beta services (“Beta Service” or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that QLC will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
Modification of Terms of Service
We may modify the Terms upon notice to you at any time through a service announcement or by sending email to your primary email address. If we make significant changes to the Terms that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Services by providing QLC notice by email within 15-days of being notified of the availability of the modified Terms, if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. In the event of such termination, you will be entitled to prorated refund of the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms.
User Sign up Obligations
You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address.
You agree to:
- provide true, accurate, current and complete information about yourself as prompted by the sign-up process; and
- maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if QLC has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, QLC may terminate your user account and refuse current or future use of any or all of the Services.
Organization Accounts and Administrators
When you sign up for an account for your organization you may specify one or more administrators to manage your organisation’s account. The administrators will have the right to configure the Services based on your requirements and manage end users in your organization account. If your organization account is created and configured on your behalf by a third party, make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of your organization account.
You are responsible for
- ensuring confidentiality of your organization account password,
- appointing competent individuals as administrators for managing your organization account, and
- ensuring that all activities that occur in connection with your organization account comply with this Agreement.
You understand that QLC is not responsible for account administration and internal management of the Services for you.
You are responsible for taking necessary steps for ensuring that your organization does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to firstname.lastname@example.org, provided that the process is acceptable to QLC. In the absence of any specified administrator account recovery process, QLC may provide control of an administrator account to an individual providing proof satisfactory to QLC demonstrating authorization to act on behalf of the organization. You agree not to hold QLC liable for the consequences of any action taken by QLC in good faith in this regard.
Personal Information, Privacy & Data Ownership
Communications from QLC
The Service may include certain communications from QLC, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. We provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
If we receive a complaint from any person against you with respect to your activities as part of use of the Services, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy QLC in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as your consent to disclosure of your name and contact information by QLC to the complainant.
Restrictions on Use
In addition to all other terms and conditions of this Agreement, you shall not:
- transfer the Services or otherwise make it available to any third party;
- provide any service based on the Services without prior written permission from QLC;
- use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of QLC;
- Violate any applicable local, state, national or international law; and
- Create a false identity to mislead any person as to the identity or origin of any communication.
Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libellous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
Inactive User Accounts Policy
We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination and option to backup your data. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.
QLC, QLC logo, FieldSense and the FieldSense logo are trademarks of QLC. You agree not to display or use, in any manner, the QLC trademarks, without QLC’s prior permission.
Disclaimer of Warranties
While every effort is made by QLC to provide highest quality services to its Users, the User acknowledges that the linking, quality and speed of data transmission through the networks is entirely dependent on the telecommunication set-up or any other form(s) of local/Internet connectivity. Accordingly, QLC shall in no event be responsible to the User in any manner whatsoever for any failure, defect, delay in connectivity or accidental loss of connectivity of the User or the deficiency in data transmission, or for any inconvenience, damage or loss that may be caused to any one or of any kind arising therefrom. QLC and their third party service providers expressly disclaim all warranties of the Service, whether express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability
You agree that QLC shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, computer failure, loss of business information, or other loss arising out of or caused by your use of or inability to use the service, even if QLC has been advised of the possibility of such damage. In no event shall QLC’s entire liability to you in respect of any service, whether direct or indirect, exceed the fees paid by you towards such service.
You agree to indemnify and hold harmless QLC, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by QLC.
The Term of this agreement is as specified in the invoice served upon the User for payment and depends upon the “Period of use”. In case of User intending to renew this agreement, upon request by the User at least 2 weeks prior to the cessation of the term of this agreement, QLC will serve upon the User the charges applicable and the renewed Term through a fresh invoice, which if accepted by the User through payment of the charges or acknowledgment of acceptance via email or other correspondence this agreement shall be considered renewed under the terms and conditions specified herein and this agreement shall survive for the renewed term.
The User acknowledges and agrees that content, including, but not limited to, text, software, music, sound, photographs, graphics, video, or other material contained in configuration software, sponsor advertisements (if any) or any other information presented to the User through the Services or third party advertisers is protected by copyrights, trademarks, service marks, patents, or other Intellectual property rights and laws.
The User acknowledges and agrees that the User is permitted to use this material and information only as expressly authorized by QLC, or advertisers, as applicable, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization.
If at any time, during the term of the agreement, the performance in whole or part of any obligation under it shall be prevented or delayed by reason of war, hostility, acts of the public enemy, civil commotion, sabotage, fire, flood, explosion, epidemic, quarantine restriction, strikes, lock-out or act of GOD etc., the User shall not have any claim for damages against QLC in respect of such non-performance or delay in performance the Services.
Arbitration Of Disputes
In the event of any question, dispute or difference arising out of this agreement and/or the Services, the matter shall be referred to the sole arbitration of the Managing Director, QuantumLink Communications Pvt. Ltd, Mumbai.
QLC may modify this Agreement at any time, and such modifications shall be effective immediately upon email, posting or other method of notification to User. User’s continued use of the Services shall be deemed to be User’s conclusive acceptance of the modified Agreement.
This Agreement and the relationship between QLC and the User shall be governed by the laws of India within the jurisdiction of the city of Mumbai. The failure of QLC, and their third party service providers to exercise or enforce any right or provision of this Agreement, shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and rule that the other provisions of this Agreement remain in full force and effect.
Suspension and Termination
We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to email@example.com within 30-days of being notified about the suspension. We may terminate a suspended or disabled user account after 30-days. We will also terminate your user account on your request.
In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. You have the right to terminate your user account if QLC breaches its obligations under these Terms and in such event, you will be entitled to prorated refund of any prepaid fees. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data in your user account.
If you have any questions or concerns regarding this Agreement, please contact us at firstname.lastname@example.org