Last updated: September 30th, 2015
QMK services a partnership firm "QMK" is in the business of providing online solutions. www.quotemykaam.com ('website') is an online service marketplace to connect customers who come to hire local businesses for services they seek.
A link to this Terms and Conditions Agreement will be published on the user registration forms on all websites owned and operated by QMK.
From time to time the website will generate automated emails to registered users, or website users will send emails and messages to one another through the website. Emails sent by the website or through the website are considered a part of the QMK website. If hyperlinks and other redirection tools taking the user to other websites operated by third parties appear on the website, you acknowledge that these websites (Outside Sites) are not controlled by QMK and do not form part the QMK website and agree that you will not hold QMK liable or in any way accountable for anything that occurs on Outside Sites.
YOU SPECIFICALLY AGREE THAT BY USING THE WEBSITE, YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE COMPETENT UNDER LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT.
2. General Information Only
i. The information, opinions and other similar statements and content published on the website are provided for information purposes only and are not intended as, nor do they constitute legal, financial, taxation, technical or expert advice or to be in any way relied upon by the User without undertaking independent verification. Information provided on the website has been derived from sources believed to be accurate at the time of compilation and no warranty or representation is made as to the accuracy or authenticity of the content of the website.
ii. QMK and its directors, agents or employees shall not be liable (whether directly or indirectly) for any information provided on the website or anyone else through the website or any errors in, or omissions from information on the website.
iii. QMK does not make any representation or warranty that any user is reputable, or will act in good faith, or according to their terms of engagement; any information on the website will be complete, reliable or accurate; or your access to the website will be secure, available or uninterrupted.
iv. QMK will not be liable for loss arising out of (whether directly or indirectly) any action or decision by User in reliance on the information on or provided through the website or provided by any business the User engage on the website, nor any interruption, delay or impairment in the functioning, operation or availability of the website, exposure to or transmission of any computer virus, internet access difficulties in connection with the website, or malfunction in equipment or software.
v. Information on the website is for general information only. The User should make inquiries and obtain independent advice based on specific circumstances prior to making any decisions based upon the information available on the website.
3. Use of the Services by User / Users Conduct
i. In order to access certain Services, User may be required to provide certain information about himself / herself (such as identification or contact details) as part of the registration process for the Service, or as part of User's continued use of the Services. The User agrees that any registration information provided by the User to the QMK will always be accurate, correct, and up to date.
iii. The User further permits QMK to allow selected third parties, including marketing and advertising companies, QMK affiliates, and associates, to contact the User occasionally about services that may be of User's interest. They may contact the User by telephone, SMS as well as by e-mail. If the User does not want to be contacted by these companies in the future, the User may simply chose the option of unsubscribe available on the website and/or by amending the User profile accordingly and/or writing to QMK.
iv. The User agrees to access the Website and / or use the Services only for purposes that are permitted by (i) the terms prescribed by QMK from time to time and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
v. The User agrees that he /she shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the website and all charges related thereto. QMK shall not be liable for any damages to the User's equipment resulting from the use of this website.
vi. The User permits QMK to collect its information, including but not limited to trends, statistics, usage of the website, and all such other data, excluding sensitive personal data or such other data prohibited by law to be collected, unless expressly excluded herein. The said data may be transferred by QMK to third parties and the user grants permission for the same.
vii. The User agrees to use the data owned or otherwise provided on the Website by QMK only for personal purposes and not for any commercial use unless agreed to with QMK in writing. The right to use the data is a license only, not a transfer of title, and is subject to the following restrictions:
a) The data may not be used for any commercial purpose or public display, performance, sale or rental;
b) No copyright or other proprietary notices may be removed;
c) The data may not be transferred to another person;
d) Software may not be interfered with in any manner; v. Every person downloading, reproducing or otherwise using the data must prevent any unauthorized copying of the data;
e) The User will only use the data for lawful purposes and in accordance with these conditions.
f) In addition, the User agrees that he / her will not use robot, spider, other automatic device, or manual process to monitor or copy QMK's web pages or the content contained herein, without the prior written consent of QMK (such content is deemed given for standard search engine technology employed by internet search web sites to direct internet users to the Site).
4. Restriction on User
i. User agrees that the user will not use the website of any QMK service for any purpose that is prohibited by the Terms and Conditions or that is illegal or unlawful. User agrees to abide by all applicable laws and regulations.
ii. User shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Website, including your profile ("Profile"), the posting of your Service ("Offer"), the posting of your desired Service ("Want"), or the posting of any opinions or reviews in connection with the Website, the Service, the Service Professional, or the Service User ("Feedback") (all of the foregoing content is sometimes collectively referred to herein as "Submitted Content" and the posting of Submitted Content is sometimes referred to as a "Posting" or as "Postings") that:
a) uses the website to offend others (which shall be judged in the absolute opinion of QMK);
b) is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate; (which shall be judged in the absolute opinion of QMK);
c) engage in, encourage participation or promote any contests, pyramid schemes, surveys, chain letters, spamming or unsolicited emailing through the website;
d) uses automated scripting tools or software. Create user accounts by automated means or under false or fraudulent pretenses.
e) make available, using the website, any material not entitled to make available including any law or which contains viruses, or other computer codes, files or programs designed to interfere with the functioning of other software or hardware; or breach any laws or regulations applicable to your use of the website;
f) Collect screen names and email address of members for purposes of advertisement, solicitation or spam are prohibited.
g) Attempt to probe, scan, or test the vulnerability of website or breach any security or authentication measures.
h) Access or search the site content or services with any engine, software, or tool.
i) Provide incorrect personal information, Quote information, costs based on the information/ service requests posted by end users using the website to gain advantage (financially, winning a lead or otherwise).
j) is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so
QMK has no obligation to monitor user's or anyone else's use of the website. However, QMK reserves the right at all times to monitor retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
5. Intellectual Property Rights
i. All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, designs (whether registered or unregistered) in the website and / or Service, information content on the website or accessed as part of the Service, any database operated by QMK and all the website design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain the property of QMK. The User shall not, and / or shall not attempt to, obtain any title to any such intellectual property. All rights are reserved by QMK.
ii. None of the material listed in Clause 6(a) may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without QMK's prior express written permission. The User may, however, retrieve and display the content of the website on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided that the User keeps intact all and any copyright and proprietary notices. The User may not otherwise reproduce, modify copy or distribute or use for commercial purposes any of the materials or content on the website without obtaining QMK's prior written permission.
iii. All rights (including goodwill and, where relevant, trade marks) in QMK name are owned by QMK. Other products and company names mentioned on the website are the trademarks or registered trademarks of their respective owners.
iv. Title, ownership rights and intellectual property rights in and to the content accessed using the Services of QMK is the property of the applicable content owner and may be protected by applicable copyright or other law. The Agreement gives the User no right to such content.
v. Copyright Infringement Take Down Procedure- QuoteMyKaam has high regard for intellectual property and expects the same level of standard to be employed by its users. QuoteMyKaam may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Website of users who infringe upon the intellectual property rights of others.
If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at email@example.com
a) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website, and information reasonably sufficient to permit QuoteMyKaam to locate the material.;
c) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law;
d) information reasonably sufficient to permit QuoteMyKaam to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
e) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and
f) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the "Notice."
The User agrees to defend, indemnify and hold harmless QMK, its subsidiaries and their respective directors, officers, employees, licensors, business associates, suppliers and agents harmless from and against any actual or threatened claims, actions or demands, cause of actions, damages, losses, expenses, liabilities and settlements, including without limitation, reasonable legal and accounting fees and costs of suit, resulting from or alleged to result from, or arising out of or in connection with the (i) the use / access of the website by the User; (ii) the use of the Service or website through User's password; or (iii) any breach of the term of this Agreement or any applicable law by User.
7. Disclaimer of Warranty
i. The User hereby, expressly agrees that the use of the website is solely at his / her own risk. Neither QMK, its subsidiaries nor any of their respective employees, agents and third party content providers make any representations, warranties or conditions of any kind, express or implied, that (i) use of the website will be uninterrupted or error free; or (ii) with respect to the results that may be obtained from use of the website, or (iii) the accuracy, reliability or content of any information, service provided through the website.
ii. The website is made accessible on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement.
iii. QMK does not give any warranty that the Services or the Site are free from viruses or anything else which may have a harmful effect on any technology owned or being used by the User.
iv. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action. The User specifically acknowledges that QMK is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with the User.
8. Disclaimers and Limitation of Liability
Subject to overall provision paraphrased above, the User expressly understands and agrees that QMK, its subsidiaries and affiliates shall not be liable to the User for:
i. Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by the User, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute Services or other intangible loss;
ii. QMK disclaims any liability for any loss or damage which may be incurred by the User, including but not limited to loss or damage as a result of any reliance placed by the User on the completeness, accuracy or existence of any information on the website, or any image posted or any content uploaded, or using the products or services provided by QMK or any third party or relying upon the information, advertising, or as a result of any relationship or transaction between the User and any advertiser or sponsor whose advertising or information appears on the Services or website or any unclaimed property or liability arising from any unredeemed coupons, and the said liability shall be borne exclusively by the Users.
iii. It is clarified that QMK is only a facilitator and acts as a platform for the interaction between the Users and cannot, in any circumstance, be held liable for any loss whatsoever on any account, and incurred by the User, after availing any benefit or accessing from the QMK website.
iv. The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through the User's use of the services.
v. User's failure to provide QMK with accurate account information.
vi. User's failure to keep his / her password or account details secure and confidential.
vii. Subject to the aforementioned, QMK's aggregate liability arising out of or in connection with the contract, whether based on contract, tort, statutory warranty or otherwise, shall in no event exceed a sum of Rupees 100. The limitations on QMK's liability under this section, shall apply whether or not QMK has been advised of or should have been aware of the possibility of any such losses arising. Notwithstanding anything to the contrary the user agrees that the user's sole and exclusive remedy for any dispute with QMK is to discontinue user's use of the site.
9. Phone Recordings
QMK reserves the right to record phone calls between User and QMK employees or QMK agents for training purposes.
10. Rules for Service Professionals
11. Rules for Service Users
12. Identity Check
As a business member of QMK, Users will have to confirm their personal identity and business identity, if user wish to quote. If a User does not confirm personal and business identity, they will not be able to quote on the customer requests. List of documents required for identity verification are available within the "Verify identity" section of the site.
13. Updates to the Website
QMK may from time to time and at any time change or discontinue any feature of the website including content, hours or availability and equipment required for access.
14. Usage of Submitted Content
i. No confidentiality- The Website may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, your Profile, your Offer, your Wants, any Feedback, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, QuoteMyKaam does not guarantee any confidentiality with respect to any Submitted Content.
You agree that any Submitted Content provided by you for which you authorize to be searchable by Registered Users who have access to the Website is provided on a non-proprietary and non confidential basis. You agree that QuoteMyKaam shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services.
You are aware that any information provided by you in the Submitted Content towards locating a professional who ordinarily is bound to maintain confidentiality under law with his/her client (i.e. a lawyer) is not extended to QuoteMyKaam
QuoteMyKaam may also disclose user information including personal information if QuoteMyKaam reasonably believes that disclosure (i) is necessary in order to comply with a legal process (such as court order, search warrant, etc.) or other legal requirement of any governmental authority, (ii) would potentially mitigate QuoteMyKaam's liability in an actual or potential lawsuit, (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity, (iv) to enforce this Agreement (including, but not limited to ensuring payment of fees by users), or (v) as may be required or necessary to deter illegal behavior (including, but not limited to, fraud).
You acknowledge and understand that the technical processing and transmission of the Website, including your Submitted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You may remove your Submitted Content from the Website at any time. If you choose to remove your Submitted Content, the license granted above will automatically expire.
b. You acknowledge and understand that when using the Website, you will be exposed to Submitted Content from a variety of sources, and that QuoteMyKaam is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against QuoteMyKaam with respect thereto, and agree to indemnify and hold QuoteMyKaam, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
c. You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content that you publish or display on or through the Website, or transmit to other Website users. You understand and agree that QuoteMyKaam may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Website users or others.
15. QMK Fees
QuoteMyKaam offers premium services to Service Professionals for a fee and may in the future offer additional services, like tax preparation and bookkeeping that Service Professionals can also choose to purchase. QuoteMyKaam reserves the right to charge fees for these services at its sole discretion.
16. Feedback Ratings & Comments
i. QMK allows users of the website to rate and comment on the performance of QMK business users whose business services they have either contracted, or have experienced in the course of evaluating the business user's suitability for a job.
ii. QMK reserves the right to publish or not to publish those ratings and comments (feedback) on the website at its absolute discretion.
iii. QMK reserves the right to delete or modify feedback submitted on the website at any time for any reason.
iv. QMK will delete or modify if it is clear that, in the opinion of QMK, the feedback is factually incorrect or does not relate to the provision of business services by the business to the user who submitted feedback.
v. QMK reserves the right to aggregate each businesses feedback into a percentage score and publish that score on the website.
vi. In case the feedback is considered defamatory of the reputation and standing of individuals and businesses, QMK accepts no responsibility for liability, damage, injury or loss that may arise from feedback submitted to or published on the website. The User release forever and indemnify QMK from any liability it may incur arising out of (whether directly or indirectly) any feedback the User may post on the QMK website.
vii. Further User agrees that, if the user or anyone else commences or threatens any action or proceeding against QMK or makes any claim or demand against QMK as a result of any feedback submitted by the user to the website, QMK may, in it's absolute discretion, without any notice to the User immediately cancel or suspend user's membership of the website.
17. Breach of Terms and Conditions
Without limiting other remedies available to QMK at law, in equity or under this Terms and Conditions, QMK may, in our sole discretion, immediately issue a warning, temporarily suspend or terminate your membership and refuse to provide services to User if:
ii. QMK is unable to verify or authenticate any information provided by the User; or
iii. QMK believes that the actions of User may cause legal liability QMK.
18. Consequences of Termination of User's Account with QMK
QMK may at its discretion terminate User's use or, or access to, the website at any time and upon termination:
i. User shall no longer be authorized to access the website or use any other QMK services with the email address registered with the site;
ii. User will continue to be subject to and bound by all restrictions imposed on by the Terms and Conditions; and
iii. All licenses granted by User and all disclaimers by QMK and limitations of QMK's liability set out in the Terms and Conditions or elsewhere on the website will survive.
19. Customer Support & Complaints Policy
QMK make a considerable investment in staff and technology to help answer customer support questions and respond to complaints. Our staff will endeavor to process questions or complaints from registered users of the website according to the following policy:
i. QMK will attempt to resolve any serious customer complaints and answer any questions on a priority basis, at the earliest on business days (Mon- Fri).
ii. Technical complaints or product development suggestions will be considered for future software upgrades. User's suggestions may not result in changes to the software or QMK business practices.
iii. QMK reserves the right not to respond to customer support questions or complaints that offend QMK employees or agents.
iv. QMK reserves the right not to respond to questions or complaints made by individuals who, in the opinion of QMK, are not current users of the website, or have been suspended from using the website.
20. Dispute Resolution and applicable law
The Terms and Conditions governing use or membership of and access to the website will be governed by the laws of India. Any dispute arising out of this agreement shall be resolved by legal recourse. The Court in Delhi shall have exclusive jurisdiction for any dispute arising out of this agreement.