Terms of Use

WITH EFFECT FROM 1ˢᵗ OCTOBER, 2023

PLEASE READ THESE TERMS OF USE CAREFULLY.

BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE BELOW TERMS AND CONDITIONS, AND THE PRIVACY POLICY

This website under the name and style “Qualfon Advanced Technology Centre” located at https://qualfon-india.com (the “Website”) is owned, operated, and made available by Qualfon Advance Technology Centre Private Limited, with its office at AIHP Palms, Business Centre, 242 & 243, Udyog Vihar Phase IV, Electronic City Sector 18, Gurugram, Haryana 122015, India (hereinafter, referred to as “Company”, “we”, “us” and/or “our”, each of which term shall include assignees and/or successors, as determined by the Company, at its sole discretion).

This is a legal agreement between you (the person viewing, using, or accessing the Website and hereinafter, referred to as “you”, or “User” as per the context) and us.

Please read these terms of use (“Terms”) carefully before using the Website and accessing any of our Content (as defined below) through the Website.

The Company, through the Website and any sub-domains and services, features, content, or widgets available through the Website, provides information regarding the services (including but not limited to software development, application maintenance, and IT infrastructure support) provided by the Company to its global parent entity ‘Qualfon Data Services Group, LLC’ and further, provides information regarding career opportunities available at the Company and/or its affiliates. All content including but not limited to the foregoing information, and any other material contained on the Website shall hereinafter be referred to as “Content”.

These Terms set forth the legally binding terms and conditions for your use and access of the Website, any sub-domains, Content and any other services, features, or widgets, available through the Website or sub-domains.

1.1

APPLICABILITY AND AMENDMENT OF TERMS

These Terms and the privacy policy available at https://qualfon-india.com/termsofuse-india/ and https://qualfon-india.com/privacy-policy-india/ (“Privacy Policy”) are applicable to the entire Website and its Content. We request you to carefully go through these Terms, and the Privacy Policy before you decide to access this Website and/or access/use the Content.

1.2

These Terms, and the Privacy Policy apply to all Users of the Website and together constitute a legal agreement (The Terms and Privacy Policy collectively referred to as “Agreement”) between you and the Company in connection with your access to the Website and the Content.

1.3

Your use of the Website and/or the Content will signify your acceptance of the Agreement and your agreement to be legally bound by the same. If you do not agree to or wish to be bound by the terms of the Agreement, you may not access or otherwise use the Website.

1.4

We reserve the right to modify or terminate any portion of the Website and/or the Content offered by the Company or amend the Terms, and the Privacy Policy for any reason, without notice and without liability to you or any third party. To make sure you are aware of any changes, please review these Terms, and the Privacy Policy periodically. The Company may require you to provide your consent to the updated Terms in a specified manner before any further use of the Website and/or the Content. If no such separate consent is sought, your continued use of the Website will constitute your acceptance of such changes.

1.5

Nothing in the Agreement should be construed to confer any rights to third party beneficiaries of the User.

2.1

ACCESS

The User can have access to the Content (including access to any information about the Company, and career opportunities in the Company and its affiliates) through the Website.

2.2

You are granted the right to access and use the Website and the Content strictly for the purposes outlined in these Terms. This grant of rights does not extend to any commercial use of the Website by you.

2.3

We reserve the right to refuse your access to the Website and/or Content and remove or edit Content (defined below) at our discretion.

2.4

We will endeavor to make the Website error-free. Your access to the Website may be occasionally suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services. However, we do not take responsibility or liability for any network related issues or your device related issues, howsoever caused.

2.5

You are responsible for all fees and charges you incur to your other service providers (e.g., your broadband and internet provider) in connection with your use of the Website and/or Content.

3.1

CALL RECORDING

The Company reserves the sole right to record any of the telephonic conversations and video interactions (particularly in case of interviews) between you and the Company, its affiliates and its and their directors, personnel, consultants, employees, agents, partners, third party service providers, licensors, or content providers (including tele-sales executives, customer support, customer experience executives and executives). You hereby agree that the Company will be permitted to record all telephonic conversations and video interactions with you, irrespective of whether you are intimated of such recording during the course of such telephonic conversation or video interaction.

3.2

All telephonic conversations and video interactions specified above may also be recorded for various purposes including but not limited to audit, internal training, and quality control purposes.

4.1

WEBSITE CONTENT

The Content is and continues to be the Company’s exclusive intellectual property. Further, all trademarks, services marks, trade names and trade secrets in relation to the Company and the Website, whether or not displayed on the Website, are proprietary to the Company. No Content from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express written permission. Any unauthorized use of the Content terminates the permission or license granted by us in terms of the Agreement.

4.2

You expressly understand and agree that:

The Content and any third-party content (if made available) on the Website are provided on an “as is” and “as available” basis. The Company and its affiliates and its and their officers, employees, agents, consultants, personnel, and partners disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties on merchantability, fitness for a particular purpose and non-infringement with respect to the Website and the content (including Content);
The Company does not warrant that the functions contained in any Content, third party content, information and materials on the Website, including, without limitation any third-party sites or services linked to the Website will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Website or the servers that make or host such Content, third party content, information and materials available are free of viruses or other harmful components;
Any material downloaded or otherwise obtained through the Website are accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your mobile phones or computer systems; and
The Company cannot and will not assure you that other users of the Website are or will be complying with the foregoing rules or any other provisions of the Agreement. As between you and the Company, you hereby assume all risk of harm or injury resulting from any such lack of compliance with the Agreement.

4.3

You agree and acknowledge that while using the Website and accessing our Content, you are involved in the transmission of your personal information and such other information including browsing data and internet protocol (IP) address. By using the Website and/or the Content, you consent to us collecting and using technical information about the devices you use to access our Website, and the related software, hardware and peripherals, for services that are internet-based or wireless, to improve our services. It is reiterated that such personal information and other information shall be dealt with in accordance with our Privacy Policy.

4.4

You hereby expressly acknowledge and agree that the Company will not be liable for your losses or damages (whether direct or indirect) caused by any unauthorized use of our Website and/or Content. Notwithstanding the foregoing, you will be held liable for the losses suffered by the Company or others, due to your unauthorized use of the Website and/or the Content.

5.1

INTELLECTUAL PROPERTY RIGHT

We are the sole owner or lawful licensee of all the rights of the Website and its Content, as the case may be. For the purpose of this clause, the Content on the Website includes its design, layout, text, images, graphics, sound, and video. The title, ownership, and intellectual property rights in and to the Website, and its Content shall remain with us, our affiliates, or licensors of the content, as the case may be.

5.2

Trademark: ‘Qualfon’, and related icons and logos are trademarks in the name of the Company or its affiliates (as the case may be) in various jurisdictions and the same is protected under applicable trademark and other intellectual property laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited and shall be subject to appropriate legal proceedings against the unauthorized user.

5.3

Copyright: All content (including Content) is the copyright of the Company except any third-party content and links to third party websites on the Website, if any.

6.1

REPRESENTATIONS AND WARRANTIES BY THE USERS

By using the Website, you represent and warrant that:

You are 18 (eighteen) years of age or older and that your use of the Website and/or Content will not violate any applicable law or regulation;
All information provided on the Website by you (if any) is true, factual, accurate and complete, and you agree to maintain the accuracy of such information to the best of your knowledge; and
You will at all times be in compliance with applicable laws (including applicable data privacy laws and intellectual property laws) while accessing and using the Website and/or its Content.

7.1

CONDITIONS OF USE

You shall use this Website and Content for reasonable and lawful purposes only and shall not indulge in any activity that is not envisaged through the Website.

7.2

You covenant that you will not:

modify any content of the Website;
decompile, reverse engineer, or disassemble the Content and any third-party content;
use the Website and/or Content in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Company’s sole discretion;
make false or malicious statements against the Website or the Company;
post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contains a virus or other harmful component, or otherwise impairs or damages the Website, or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Website and/or the Content;
engage in any form of antisocial, disruptive, or destructive acts on the Website, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the internet;
post or upload any content that is libelous, defamatory, abusive, threatening, harassing, hateful and offensive or otherwise violates any law or right of any third party; or
delete or modify any content of the Website, including but not limited to, legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.

8.1

THIRD PARTY SITES AND SERVICES

The Company may permit certain third-party service providers to offer certain products, services, and information to the Users on the Website, and further permits them to use their own cookies or similar technologies on the User’s device to provide such services and information. Users may at their sole risk and expense elect to avail such third-party services. Third party services are provided solely by the applicable third-party service providers and pursuant to separate arrangements between the User and such third-party service providers. The third-party service providers’ terms and conditions will control the relevant third-party services.

8.2

The Website may further include links to other websites, services, or applications whose terms and privacy practices may differ from those of the Company. The inclusion of a link does not imply any endorsement by the Company of any such third party, the third-party website, services or application, or the information on the third-party website or application. If the Users access or submit personal information to any of those websites or applications, such access and information shall be governed by the terms of use and privacy policy of such third-party websites or applications, and the Company disclaims all responsibility or liability with respect to these terms, policies, the websites, services and/or applications. The Users are encouraged to carefully read the terms and privacy policy of any website and application that they visit, including inter alia, their services, products, cancellation, refund, and delivery policies.

8.3

The Company does not guarantee the accuracy, integrity or quality of any content/service provided by third-party service providers. Further, the Users’ interactions with such third-party service providers through the Website, including in respect of payment and delivery of products or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between the respective User and third-party service providers. In no event shall the Company be liable for any damages arising out of any interaction between the User and such third-party service providers. The information provided on the Website with respect to any third-party product or service is provided to the Users on an “as is, where is” basis only.

9.1

DISCLAIMER OF WARRANTIES

You expressly understand and agree that, to the maximum extent permitted by applicable law:

The Website, Content and other materials are provided by the Company on an “as is” basis without warranty of any kind, express, implied, statutory, or otherwise, including the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Without limiting the foregoing, the Company makes no warranty that (i) the Website or the Content, will meet your requirements or your use of the Website or the Content will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Website, Content, or materials will be effective, accurate or reliable; (iii) the quality of the Website, Content, or other materials will meet your expectations; or that (iv) any errors or defects in the Website, Content or other materials will be corrected.
The Company has endeavored to ensure that all the information on the Website is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any Content, data or information. The Company shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities, and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond the control of the Company. You understand and agree that any material or data downloaded or otherwise obtained through the Website is done entirely at your own discretion and risk and you will be solely responsible for any damage to your computer systems or loss of data that results from the download of such material or data. The Company accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
The Company does not take any responsibility for any inability on your part to access the Website and/or the Content on account of any disruption of service due to internet issues, device-related issues or power issues.
The Company shall not be liable for any damages caused due to provision of incorrect/false/incomplete information by the User (if any).

10.

10.1

INDEMNITY

Notwithstanding anything contained in the Agreement, you hereby agree to indemnify, defend, and hold the Company, Company’s affiliates and its and their affiliates’ agents, officers, personnel, directors, consultants, representatives, employees, and assigns harmless from and against any and all claims, losses, damages, liabilities and costs (including without limitation attorneys’ fees) arising from (i) your use or misuse of, or access to, the Website, and/or the Content; (ii) your violation of the terms of the Agreement; (iii.) infringement by you of any intellectual property or other right of any person or entity, (iv) unauthorized use of the Website and/or Content or use of the Website and/or Content in contravention of these Terms, and/or (v) any claims or disputes between you and any third party whose services or products you may have accessed through the Website including for any claims relating to non-payment and/or misuse of such third party products and/or services, and/or (vi) breach of applicable law. Further, the Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the Company in asserting any available defense.

11.

11.1

LIMITATION OF LIABILITY

You acknowledge and undertake that you are accessing the Content through the Website at your own risk and are using your best and prudent judgment before entering into any transaction with any third party or availing any service(s) through the Website. Under no circumstances will the Company be liable to you for any harm, loss, or damage, either to your person or property, caused due to and/or as a result of your use of the Website, and/or the Content.

11.2

The Company shall not be liable or responsible for:

any failure to perform, or delay in performance of, any of the Company’s obligations under the Agreement that is caused by any act or event beyond Company’s reasonable control, including Force Majeure (defined below) events;
any failure to perform, or delay in performance of, any of the Company’s obligations under the Agreement or any financial loss that is caused by a third-party service or any criminal act, misconduct or act that is prosecutable in the court of law committed by any third-party service provider;
the Website not meeting your individual requirements or the Website containing defects or errors, as the Website has not been developed specifically for you. It is your responsibility to ensure that your use the Website and functions of the Website meet your requirements; and
any loss or damage caused by a distributed denial-of-service, viruses attack, or other technologically harmful material that may infect your device, data, or other proprietary material due to your use of the Website.

11.3

Further, none of the directors, officials, consultants, agents, representatives, personnel, or employees of the Company and/or its affiliates shall be personally liable for any action in connection with the Website or the Content.

11.4

We shall neither be liable nor responsible for any actions or inactions of the other users of the Website nor any breach of conditions, representations, or warranties by them. We do not take any obligation to mediate or resolve any dispute or disagreement between you and the other users of the Website.

11.5

Additionally, by using the Website or any Content, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the Website may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

11.6

The maximum liability of Company, its affiliates and its or their directors, personnel, employees, agents, partners, suppliers, third party service providers, licensors, or content providers to you for any and all damages, losses and causes of action in relation to the Agreement shall not exceed INR 10,000/- (Indian Rupees Ten Thousand Only).

12.

TERMINATION AND SUSPENSION

In the event you breach the Agreement or in the event any other user of the Website reports violation of any of their rights as a result of your use of the Website and/or the Content, the Company reserves the right to suspend or terminate your access to the Website and/or the Content with or without notice to you and to exercise any other remedy available under applicable law. Any suspected illegal, fraudulent, or abusive activity will be grounds for terminating your access to the Website and/or Content. Upon suspension or termination, your right to access the Website and/or Content will immediately cease, and the Company reserves the right to remove or delete your information that is available with it.

13.

ACCESS OUTSIDE REPUBLIC OF INDIA

The Company makes no representation that the Website, content (including the Content) and any third-party content contained on the Website is appropriate to be used or accessed outside the Republic of India. If you use or access the Website or Content from outside the Republic of India, you do so at your own risk and are responsible for compliance with the laws of such jurisdiction. These Terms do not constitute, nor may it be used for or in connection with, any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation is not authorized or to any person to whom it is unlawful to promote or solicit.

14.

GOVERNING LAW AND JURISDICTION

The Agreement entered into and the relationship between you and the Company shall be governed in accordance with the laws of India without reference to any conflict of laws principles. You agree that subject to Clause 15 below, courts at Delhi, India shall have exclusive jurisdiction over any disputes arising under or in connection with your use of the Website or the Content.

15.

DISPUTE RESOLUTION

Any dispute, claim or controversy arising out of or relating to the Agreement or the breach, termination, enforcement, interpretation, or validity thereof, or your use of the Website and/or information to which it gives access (including Content), will be sought to be resolved by means of amicable discussions between the Company and you. However, if such amicable discussions do not result in resolution of a dispute, then such a dispute shall be determined by arbitration in India before a sole arbitrator. Arbitration will be conducted in accordance with the Arbitration and Conciliation Act, 1996. The venue and seat of such arbitration will be Delhi, India. All proceedings of such arbitration, including, without limitation, any awards, will be in English language. The award will be final and binding on the parties.

16.

SEVERABILITY

If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision will be excluded from the Agreement and the remainder of the Agreement will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event, the Agreement will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

17.

NOTICES

All notices and other communications required or permitted hereunder to be given to a party will be in writing, in English language, and will be sent by e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such party’s address as set forth below or at such other address as the party would have furnished to the other party in writing in accordance with this Clause 17 as the case may be:

If to the Company: qualfon-india@qualfon.com

If to you: At the email address provided by you to us when you register with the Company on the Website.

Any notice sent in accordance with this Clause 17 shall be effective and deemed to have been duly delivered: (a) if sent by hand, upon delivery with receipt acknowledged; (b) if sent by electronic mail, when the mail reflects as “sent” in the sender’s mailbox; and (c) if sent by reputed courier service, upon delivery as per the courier’s records.

18.

GRIEVANCE OFFICER

If you have any grievance and complaint with respect to the Website or the Content, including any discrepancies and grievances with respect to processing of information provided by you, you can contact our Grievance Officer at:

Grievance Officer: Ms. Neha Khurana
Contact Number: +91- 8800181943

Email Id: qualfon-india@qualfon.com

It is further stated that the Grievance Officer shall redress your grievances within 15 (fifteen) days from the date of receipt of your written grievance to the contact details mentioned under this Clause 18.

19.

WAIVER

No term of the Agreement will be deemed waived, and no breach excused, unless such waiver or consent is in writing and signed by the Company or its authorized representative. Any consent by the Company to, or waiver of a breach by you, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

20.

FORCE MAJEURE

If the Company’s performance of any part of its obligations under the Agreement is prevented or delayed due to causes beyond its control, including acts of God, floods, fires, accidents, pandemics, endemics, outbreaks, epidemics, earthquakes, riots, explosions, wars, hostilities, acts of government, systemic electrical, telecommunications, network, or other utility failures affecting the Company, or similar unforeseen circumstances (“Force Majeure“), despite due diligence and reasonable efforts to do so notwithstanding such causes, circumstances or events, then the Company shall be excused from penalties or performance under the Agreement for as long as such Force Majeure events persist. The Company will make reasonable efforts to resume its obligations once such Force Majeure events cease to hinder or delay its performance.

21.

REPORT ABUSE

In the event you come across any abuse or violation of the Agreement or if you become aware of any objectionable content on the Website, please report to the Grievance Officer, whose details are set out above.

22.

ELECTRONIC RECORD

This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”) and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of the IT Act and the rules made thereunder that require publishing the rules and regulations, privacy policy and terms of use of the Website.

23.

COMPLETE UNDERSTANDING

The Agreement contains the entire understanding of the parties to these Terms, and there are no other written or oral understandings or promises between such parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.