Terms and Conditions (“Agreement”)

Definitions

  1. APPLICATION/APP: "Application/App" shall refer to the JusQliks platform, i.e. the mobile application or the algorithm created, developed, designed and made available by JusQliks Technologies.
  2. APPLICATION SERVICES: “Application Services” shall include the mobile application offered by JusQliks, services offered through the mobile application and emails sent by JusQliks.
  3. ELECTRONIC DEVICE: “Electronic Device” shall refer to any computing or electronically operated machine capable of accessing the JusQliks platform, including but not limited to tablets, mobile phones, computers and their respective variants.
  4. JUSQLIKS: "JusQliks" shall mean JusQliks FZ LLC, a private limited company incorporated under the Companies Act, 2013, an digital marketplace platform.
  5. MOBILE PHONE: "Mobile Phone" shall mean the handset and the SIM card along with all relevant accessories and necessary software for its operation which is owned by the user.
  6. MOBILE PHONE NUMBER: "Mobile Phone Number" shall refer to the telephonic communication reference specified by the User during registration with JusQliks or during usage of the Application.
  7. ONLINE STORES: “Online Stores” shall refer to the Windows Store, Google Play Store, iOS App store or any other online store or portal in whatever nomenclature applicable to such store or portal where the Application will be made available by JusQliks to the Users, from time to time.
  8. PERSONAL INFORMATION: "Personal information" shall mean any information about the user provided by the user and obtained by JusQliks in relation to the application.
  9. SERVICES: "Services" shall mean any service offered or rendered by JusQliks or its affiliates but not limited to facilitation of the collection of payments for the transaction/(s) between the Users. JusQliks provides a platform that permits only verified and skilled professional Businesses to attach with users trying to find specific products & services. All professional Business are verified before being allowed to list their products & services on the platform.
  10. SERVICE PROVIDER: “Service Provider” shall mean a verified and skilled independent professional business who list their products & services on the platform.
  11. SERVICE PROVIDER PROVIDED CONTENT: “Service Partner Provided Content” shall mean textual, audio, and/or visual content and information, including commentary and feedback related to the services, initiation of support requests, and submission of entries for competitions and promotions.
  12. THIRD-PARTY PLATFORMS: “Third-Party Platforms” shall mean social networking platforms offered by third-party service providers, such as Google, Facebook, LinkedIn and other similar entities.
  13. USER ACCOUNT: "User Account" shall mean the registered Application account of the User/ Lender/Partner with JusQliks for use of the Application and services offered by JusQliks.
  14. USER DATA: "User Data" shall include any data, information, pattern, behavior, documents, materials, transactions and location, of the User.
  15. WEBSITE: "Website" shall refer to http://www.JusQliks.com or such other website JusQliks notifies for the purposes of this terms.
  16. YOU/YOUR/USER: "You/Your/User" shall mean any person who accesses, downloads, installs, utilizes, operates or views the Application or Services offered by JusQliks. And shall include the Service Provider and the End User.
  17. END USER: “End User” shall mean the customer who uses the JusQliks platform to avail th services provided by the Service Provider.

 

Privacy Policy

                         JusQliks’s privacy policy (“Privacy Policy”) as agreed to by the User, shall be applicable to all Services.

 

Eligibility

  1. In order to assent to these terms, you must be a human being and have attained the age of majority, i.e., 18 years. Any use of JusQliks’s application or services by ‘bots’ or other automated tools or methods is not permitted under this Agreement. The User represents and warrants that he/she is capable of entering in to these Terms and performing the obligations set out hereunder.
  2. JusQliks reserves the right to disallow any User from using the Services in the event that the eligibility criteria set out in this clause are not met.

 

The services

    1. JusQliks provides technology based services for providing home solutions in UAE such as Home/Work/Garden product & services to you and you agree to obtain the services offered by the Service Provider.
    2. The entire booking request as may be directed by the End User shall be forward to the concerned Service Provider by JusQliks. The Service Provider shall be provided on availability basis and the same shall be communicated to the End User through the company internal mechanism procedure, however, it is clarified that on availability of the Service Provider, the communication details of Service Provider & End User shall be shared between both of them by the Company for the ease of both the parties to perform or exercise their rights & obligations.
    3. In case, the Service Provider accepts the order request made by End User with the Company, your information is sent to the Service provider including your name, contact number etc.
    4. JusQliks shall endeavor reasonable efforts to bring you in contact with the Service Provider in order to render the required service subject to availability of the Service Provider in or around your location at the time of your booking request made to the Company.
    5. JusQliks itself does not own / regulate the Service providers and neither there exists any employer / employee relation between them. It is the Service Provider who shall render the required services to you as per the relevant information submitted with JusQliks while registering with the company. The provision of the services to be rendered by the Service Provider to you is therefore subject to the agreement (to be) entered into between End User and the Service Provider and the Company shall never be a party to such agreement, in any manner whatsoever. Acceptance of booking request by the Company and the Service Provider does not reach your service location or decide not to render services, in that case / event the Company shall not be held liable to you in any manner whatsoever and neither the Customer is under obligation to make any payment in lieu thereof.
    6. You hereby certify and confirm that the relevant information you provide to the Company while registering your request or creation of account is accurate and complete in all respect as may be demanded by the Company in the application form. The Company is entitled to an all-time verify the information that you have provided. The Company shall not be liable if you do not visit the appropriate web portal or dial-in the correct call center number. The Company reserves the right to discontinue or introduce any of the modes of booking Service Provider.
    7. You will treat Service Provider introduced to you through us with respect and not to cause damage to them or engage in any unlawful, threatening, harassing, abusive behavior or activity whilst using their service.
    8. Before handing over the products to be repaired the End User shall be cautious and ensure themselves about the credibility of the Service Provider and any defect in Service or theft/ damage to the asset; spare parts; accessories; products shall not be compensated by the Company in any manner whatsoever and it is clarified that that Company shall not be liable in any manner whatsoever, if any such harm/damage/ loss is caused to the Service Provider due to any such transfer or products to the Service provider for Service.
    9. You should confirm & clarify from the Service Provider about the time involved and the spare parts required to render the service including the total/aggregate service charges involved therein except the minimum cost before initiation of the Service. In case the same is not discussed, it is implied that the End User is aware of the service charges and has consented to avail the services as may be informed or directed by the service provider.
    10. You will compensate and defend the company fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms.
    11. Please note that we are not responsible for the behavior, actions or inactions, accuracy, efficiency of Service Provider, quality of Service which you may use (through us or otherwise). Any Contract for the provision of services is exclusively between you and the Service provider and not us in any manner whatsoever and we simply provide a platform to introduce Service provider and Customer seeking the said service.
    12. Charges:
      1. You will make payment in full to the Service Provider introduced to you either through us or directly to the service professionals (cash) for any services provided by such Service Provider to you.
      2. You shall be required to pay the minimum charges & repair charges along with the spare parts costs, if any installed or replaced / substituted in the products, to the Service Provider and the minimum service charges rates can be found on the Website of the Company.
      3. The Service charges shall be updated or amended from time to time and it shall be your responsibility to remain informed about the prevailing minimum charges for the services. And you should confirm the same from the Service provider about the service charge for the repair of the products before initiation of the Service.
      4. You agree that you will pay for all services you avail from the Service Provider either by way of cash, online payment method introduced by the company. Any payment made is non-refundable.
      5. After the completion of the Service, we will facilitate for you to receive a copy of the acknowledgement from the Service Provider on your registered e-mail account with the Company.

User Account

  1. In order to use the Application and avail the Services offered by JusQliks, the User must register for and maintain a user account.
  2. You agree to use only your User account and not use the User account of any other person or assist others in obtaining unauthorized access to any User account.
  3. You further agree that you shall not use the Application and Services of JusQliks in connection with any activity violating any law, statute, ordinance or regulation. All transactions undertaken on your behalf by JusQliks will be on the basis of your express instructions/consent and will be strictly on a non-discretionary basis.
  4. You also authorize JusQliks to acquire your credit information report from one or more credit information companies as decided by JusQliks from time to time.
  5. The User hereby consents and agrees that any information submitted by the User for User Account set-up or in operation of the user account may be used by JusQliks in accordance with the privacy policy.
  6. Any unauthorized usage by you of the User Account shall confer upon JusQliks the right to terminate this Agreement in accordance with Clause XIX (2).
  7. When you register with JusQliks, You will be required to provide information about You and/or Your organisation. You agree and accept that as on the date of your registration on the Platform, the information provided by you is complete, accurate and up-to-date. In the event of any change to such information, you shall be required to promptly inform JusQliks of the same, in writing, at least 1 (one) week prior to the date on which such change shall take effect. You acknowledge and accept that JusQliks has not independently verified the information provided by you. JusQliks shall in no way be responsible or liable for the accuracy, inaccuracy, obsolescence or completeness of any information provided by You. If You provide any information that is untrue, inaccurate, obsolete or incomplete, or JusQliks has reasonable grounds to suspect that such information is untrue, inaccurate, obsolete or incomplete, JusQliks reserves the right to suspend or terminate Your Account (defined below) and refuse any and all current or future use of the Platform (or any portion thereof) at any time.

 

Electronic Communication and consent

  1. As part of doing business with us, the User consents to our giving certain disclosures electronically, either via our Website or to the email address you provide to us. By agreeing to the Agreement, the User agrees to receive electronically all documents, communications, notices, contracts, and agreements arising from or relating to your use of the Website and Service, including any services you may request or receive and your use of this Service,
  2. For the purpose of this Agreement, the User agrees to receive electronic or any other form of communication and notifications from JusQliks. JusQliks is not responsible for any damages incurred as a result of any fraudulent sending messages over the internet or any other electronic medium.
  3. The User expressly consents to receiving calls and messages, including auto-dialed and pre-recorded message calls, and SMS messages (including text messages) from us, our affiliates, agents and others calling at their request or on their behalf, at any telephone numbers that the User has provided or may provide in the future (including any cellular telephone numbers).

 

TERMS OF USE FOR SERVICE PROVIDER

  1. The Service Provider agrees to use the Services provided by JusQliks through its Application by way of registration on the Application and access through a platform offered by JusQliks and shall be liable to pay the applicable charges for the same.
  2. The Service Provider acknowledged that their registration with JusQliks would be non-exclusive, non-sublicensable, revocable and non-transferrable to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your commercial use. Any rights not expressly granted herein are reserved by JusQliks.
  3. The Service provider acknowledges that there is no contract of employment between yourself and JusQliks and that you will provide your services as an independent contractor. Further, no agency, partnership or joint venture is created as a result of these Terms or your provision of services to Users.
  4. The Service provider will not seek and JusQliks will not provide any supervision, directions or control over the individual services that you offer to End Users.
  5. The Service provider will obtain and possess at your own cost and at all times, while accessing and using the Services, the necessary approvals/licenses/tax registrations required to offer your services to Users. You have no authority to bind JusQliks in any respect.
  6. The Service provider further acknowledges JusQliks only seeks to provide the platform wherein you and End Users can be brought together and has no role in the execution or provision of the services you provide to End Users. You are solely responsible for the services that you provide to the End Users and will not hold us responsible for any actions or omissions.
  7. The Service Provider acknowledges that it is JusQliks’s sole discretion to permit you from time to time to submit, upload, publish or otherwise make available to JusQliks the Service Partner Provided Content which you undertake to be the sole proprietor of. It is JusQliks’s discretion to either keep the said content or remove it, as it deems fit, without giving any prior notice to you.
  8. Restrictions:

The Service Provider may not: (i) remove any copyright, trade mark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, licence, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by JusQliks; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorised access to or impair any aspect of the Services or its related systems or networks.

 

TERMS OF USE FOR USERS

  1. You agree that www.JusQliks.com is an online assistance for enabling and assisting you with the best repair services on time at affordable cost, at your location.
  2. You acknowledge that the Service Providers from our end will be verified and JusQliks shall make the best of efforts to resolve the dispute with your appliances. The user agrees to exhibit the best of their discretion to make a choice.
  3. You agree that we will not accept repair services in case the appliance is within the warranty period of the manufacturer.
  4. You acknowledge that our services come with guarantee limited to the assistance offered by us and that we are liable only to the extent of services offered by us.
  5. You agree that JusQliks is not responsible or liable for the services provided by the Service Provider.
  6. You acknowledge and accept that the Service Providers are not employees of JusQliks and JusQliks would be be held responsible or liable for any loss or damage incurred to you due to the action or omissions of the Service Provider or for any activities in relation to the Service Provider.
  7. You agree to the following procedure for availing the services provided by JusQliks in addition to Clause V;
    1. If you are a service seeker, you will be provided to inform your requirements through our Application or website or by call to the customer care centre of JusQliks;
    2.  JusQliks will inform the particular Service Provider and you will get a SMS with the details of the Service Provider visiting your premises and confirmation of the same;
    3. If after two days after of a service scheduled and done, there is no complaint from you, the service will be marked as closed by us. After which no complaint regarding same service will not be entertained;
    4. The charges will be shared for services in brief for replacements/parts or spare parts/warranties/guarantees/ consumables and other supplies and we will not entertain any disputes arising in the matter of additional cost incurred and you agree that you will not hold us responsible.
    5. No refunds or credits will be provided to you once charged. Refunds or credits may be granted in extenuating circumstances at sole discretion of JusQliks.
    6. You may use the services for commercial or residential but you cannot promote the services of JusQliks unless you are authorized to do so.
  8. You acknowledge that JusQliks disclaims any liability arising in connection with your use and/or viewing of any websites. You hereby agree to hold JusQliks harmless from any liability that may result from the use of links that may appear on the website.

 

PROHIBITED USE

As a condition of your use of the Services, you will not use the App/Website for any purpose other that is unlawful or is prohibited by this Agreement or by any applicable law. Your usage of the App/Website is solely your responsibility.

You shall not, display, upload, modify, publish, transmit, update or share any information on the Website, that –

(i) Belongs to another person and to which you do not have any right;

(ii) Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner;

(iii) Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming" or unsolicited commercial advertisement;

(iv) Harms minors in any way;

(v) Infringes any patent, trademark, copyright or other proprietary rights;

(vi) Violates any law for the time being in force;

(vii) Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(viii) Impersonates another person;

(ix) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.

Limitations On Liability

  1. JusQliks shall not be held liable for any loss, damage or injury pertaining to use of the Application and services offered by JusQliks and it shall be the sole risk of the User. The Application and Services provided by JusQliks are provided on an "as is", "where is" and "as available" basis without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade).
  2. The User understands and agrees that JusQliks is a technology platform through which services may be facilitated and shall not hold JusQliks responsible for any act or actions of any of the other third parties or other stakeholders involved in the transaction.
  3. JusQliks shall not be held responsible or liable for any theft or burglary or any other incident pertaining to the Service Provider.
  4. JusQliks shall not be held responsible for any disputes between the End User and Service Provider and You shall absolve JusQliks of all liabilities and disputes that may arise amongst yourselves.
  5. JusQliks shall not be held responsible or liable for any of the service deficiency or any other deficiency or delay on part of the Service Provider or any other Services availed through the App.
  6. JusQliks shall not be held liable for any defect, damage or vulnerability in the Application, or for any injury or damage or loss to the user due to such defect, damage or vulnerability.
  7. JusQliks does not warrant that your access to the Application and/or related Services will be uninterrupted or error-free, that defects will be corrected or that this website or the server that makes it available, is free of viruses or other harmful components.
  8. Access to and use of the application and the information contained therein is at your own risk and JusQliks does not undertake any accountability for any irregularities, viruses or damage to any mobile phone or electronic device that results from accessing, availing or downloading of any information from the application or any other website of which link is provided herewith.
  9. JusQliks shall not be involved in or in any way liable to the User for any dispute between the User and a cellular services provider or any third-party service provider (whether appointed by JusQliks in that behalf or otherwise).
  10. JusQliks shall not be held responsible for the confidentiality, secrecy and security of the personal or account information being sent through the Application for effecting the user's transactions.
  11. JusQliks does not warrant or make any representations regarding the use or the results of the use of any service availed in terms of its compatibility, correctness, accuracy, and reliability or otherwise. The User solely assume total responsibility and risk for your use of this application and application-related services.
  12. JusQliks shall not be held liable for any loss suffered by the user due to disclosure of the personal information to a third-party by JusQliks, for reasons inclusive but not limited to participation in any telecommunication or electronic clearing network, in compliance with a legal directive, for statistical analysis or for credit rating.
  13. JusQliks does not warrant the confidentiality or security of the messages whether personal or otherwise transmitted through the Application.
  14. JusQliks makes no warranty or representation of any kind in relation to the system and the network or their function or performance or for any loss or damage whenever and howsoever suffered or incurred by the User or by any person resulting from or in connection with the Application.
  15. JusQliks shall be absolved of any liability in case there is any unauthorized use of the User's access to Application, or Electronic Device or for any fraudulent, duplicate or erroneous transaction initiated or requested or instructed by use of the User's Application or Electronic Device.
  16. The User agrees that, JusQliks and its directors, officers, employees, agents, sponsors, consultants, business partners or other representatives shall not be responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or any other damages (including without limitation loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction or interruption of business) under any contract, negligence, strict liability or other theory arising out of or relating in any way with the use of the Application, Application Services or in reliance of the information available on the Application, Application-related Services or any products or Services offered or sold or displayed on this Website. If the foregoing limitation is held to be unenforceable, the maximum liability of JusQliks and its service providers to the User shall not under any event exceed the amount of Rupees One Thousand Only (Rs 1000/-).
  17. The User fully and unconditionally agrees and understands that a possibility exists that the application could include inaccuracies or errors and further that JusQliks shall not be held liable for any such inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions or alterations could be made by third-parties to the Application. Although JusQliks attempts to ensure the integrity, correctness and authenticity of the Application, JusQliks makes no guarantees whatsoever as to the completeness, correctness or accuracy. In the event that such an inaccuracy arises, the User shall inform JusQliks so that the same may be corrected.
  18. JusQliks does not make any personal recommendations. The information on the application is provided solely to enable the user to make their own decisions and does not constitute a recommendation to buy, sell or otherwise deal in any investments, securities, loans or money. The Application may not be suitable for all customers and, if the User has any doubts, the User should seek advice from an independent financial adviser of your own choice.
  19. JusQliks may launch new updates/upgrades for the App. The User may subscribe to the same through the Online Stores. In the event, you choose not to update/upgrade the App, certain features or functionality shall not be accessible to you. Any liability arising out of such act of not updating/upgrading the App, shall solely be that of the User.
  20. It is the User's responsibility to maintain the confidentiality of their user account information, user account password, bank account information, including their password / PIN, safeguarding their money and any other activity including transactions that are posted to or made from your Account. JusQliks shall not be liable for any leak of information on the part of the User and the consequences of the same.
  21. Neither JusQliks nor the User will be liable for any delay or failure caused by conditions or events beyond the reasonable control of the respective party, including but not limited to any delay or failure due to any act of God, fire, act of terrorists, act of civil or military authorities, civil disturbance, war, strike or other labor dispute, interruption in telecommunications or internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond reasonable control of the respective party and the validity and enforceability of any remaining provisions shall not be affected by any such condition.

External Websites And Services

  1. The Application and Services may provide links or other forms of reference to other websites (“External Websites”) or resources over which JusQliks may not have control. JusQliks offers to the User such links or references to External Websites with the sole purpose of enhancing your experience of using the Application and Services and JusQliks makes no representations whatsoever about any External Websites which the User may access through the Application.
  2. JusQliks cannot be held responsible for the availability of, and content provided on any External Websites or for any third-party content accessible through the Website, including opinions, advice, statements, prices, activities, and advertisements, and the User shall bear all risks associated with the use of such content.
  3. The Application and Services may contain advertising information or promotion material, or other material submitted to JusQliks by third-parties. Responsibility for ensuring that the material submitted for inclusion on the Application and Services complies with applicable law is exclusively on the party providing the information/material.
  4. The Users’ correspondence or business dealings with, or participation in promotions of advertisers or including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between The User and such advertiser.
  5. JusQliks shall not be responsible or liable for any claim, error, omission, inaccuracy in advertising material or any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
  6. JusQliks reserves the right to omit, suspend or change the position of any advertising material submitted for insertion.

Disclaimer

  1. JusQliks does not guarantee the accuracy of any User content or third-party content. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User content or third party content. JusQliks is not responsible for the conduct, whether online or offline, of any User of the Site or Service. JusQliks cannot guarantee and does not promise any specific results from use of the Site and/or the Service.
  2. The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. JusQliks assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. JusQliks is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or on the Site or combination thereof, including injury or damage to Users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will JusQliks be responsible for any loss or damage, including any loss or damage to any User content, financial damages or lost profits, loss of business, or personal injury or death, resulting from anyone’s use of the Site or the Service, any User content or third party content posted on or through the Site or the Service or transmitted to Users, or any interactions between Users of the Site, whether online or offline.
  3. This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under in force, and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000 from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures for validation, consent or acceptance.
  4. By agreeing to these terms and conditions or by downloading, installing or otherwise using the Services provided by JusQliks FZ LLC (“JusQliks/the Company”), you accept and agree to the terms and conditions herein. If you do not agree to any of these terms, then please do not use the Application or the Services of JusQliks.
  5. In order to participate in certain other Services provided through the application, you will be notified that you are required to agree to additional terms and conditions contained in other agreements. JusQliks may modify this Agreement from time to time and such modification shall be effective immediately on such modification of this Agreement. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is updated. It is therefore important that you review this Agreement regularly upon each use of the Services to ensure you are updated as to any changes.
  6. The terms and conditions of the lender applies independently and supersedes any information present here.
  7. We here by inform you availing any service on this website or the application, or generally browsing through this website, you agree to all these Terms, privacy policy, security terms, code of conduct and any other policies mentioned on this website.
  8. To The Maximum Extent Permitted By Applicable Law, We Exclude All Representations, Warranties And Conditions Relating To Our Website And The Use Of This Website. Nothing In This Disclaimer Will:
    1. Limit or Exclude Our or Your Liability for Death or Personal Injury;
    2. Limit or Exclude Our or Your Liability for Fraud or Fraudulent Misrepresentation;
    3. Limit Any of Our or Your Liabilities in Any Way That Is Not Permitted Under Applicable Law; Or
    4. Exclude Any Of Our Or Your Liabilities That May Not Be Excluded Under Applicable Law.
    5. The Limitations And Prohibitions Of Liability Set In This Section And Elsewhere In This Disclaimer: (a) Are Subject To The Preceding Paragraph; And (b) Govern All Liabilities Arising Under The Disclaimer, Including Liabilities Arising In Contract, In Tort And For Breach Of Statutory Duty.

 

 

Applicable Law

  1. Any disputes arising in respect of or in relation to this Agreement shall be referred to arbitration at Chennai in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996 as may be amended, or its re-enactment, by a sole arbitrator, appointed by JusQliks. The costs of such arbitration shall be borne by the losing party or otherwise as determined in the arbitration award. If a party is required to enforce an arbitral award by legal action of any kind, the party against whom such legal action is taken shall pay all reasonable costs and expenses and attorney’s fees, including any cost of additional litigation or arbitration taken by the party seeking to enforce the award.

 

  1. In case any provision/s of this Agreement is / are rendered invalid or unenforceable or void by operation of any law, rule or regulation then such an event would not affect the validity or enforceability of any other provision/s of this Agreement.

 

Indemnification

  1. To the full extent permitted by applicable law, the End User and Service Provider hereby agree to indemnify JusQliks, and its affiliates, officers, directors, agents, employees, and suppliers against any action, liability, cost, claim, loss, damage, proceeding or expense suffered or incurred if directly or not directly arising from your use of the Application and Services, or from your violation of this Agreement and applicable laws.

 

Taxes

  1. It is the User's responsibility to bear any taxes applicable to the payments the User makes or receives in connection with the use of the Application and Services to the appropriate tax authority. JusQliks is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.

 

Waiver

  1. Enforcement of the Terms is solely in JusQliks’s discretion and failure to enforce a provision in some instances does not constitute a waiver of Orocorps right to enforce such a provision in other instances.

 

Supplemental Terms

  1. Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to the User in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, this Agreement for the purposes of the applicable Service(s). Supplemental terms shall prevail over this Agreement in the event of a conflict with respect to the applicable Services.

 

Intellectual Property

  1. The User understands, acknowledges and agrees that JusQliks is the sole owner of all right, titles and interest including any and all intellectual property rights in the Application, Website, Application Services, design, software, interface, colour scheme, content, logos, trade names, trademarks, brand names, designs, services and any such intellectual property used in connection with the platform.
  2. Except as stated herein, none of the materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of JusQliks. Save and except with JusQliks’s prior written consent, you may not insert a hyperlink to the Application Services or modify / alter any information or materials contained in the Application Services.
  3. No license or other such right is granted per this Agreement and your access to and/or use of the Application Services should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademarks, service marks or logos appearing in the Application Services without the prior written consent of JusQliks or the relevant third party proprietor thereof.
  4. The User may view, print, and/or download a copy of such materials on any single computer solely for your personal, informational, non-commercial use, provided the User keeps intact all copyright and other proprietary notices.

 

Ancillary Services

  1. The User may get access to chat rooms, blogs, feedbacks, reviews and other features (“Ancillary Services”) that are/may be offered from time to time on the Platform and may be operated by JusQliks or by a third-party on our behalf. The User shall not (nor cause any third-party to) use these Ancillary Services to perform any illegal activities (including without limitation defaming, abusing, harassing, stalking, threatening, promoting racism, or otherwise violating the legal rights, such as rights of privacy, of others) or immoral activities, falsely stating or otherwise misrepresenting the User's affiliation with a person or entity.
  2. Additionally, the Application may contain advice/opinions and statements of various professionals/ experts/ analysts, etc. JusQliks does not endorse the accuracy, reliability of any such advices/opinions/ and statements. The User may rely on these, at your sole risk and cost. The User shall be responsible for independently verifying and evaluating the accuracy, completeness, reliability and usefulness of any opinions, services, statements or other information provided on the Platform.

 

Suspension, Termination And Cancellation

  1. The User may terminate this Agreement with JusQliks, and close the User Account at any time, following the settlement of any pending transactions or any pending dues or outstanding amounts to JusQliks.
  2. JusQliks reserves the right to terminate your access to the Application, Services and to your User Account; including without limitation, suspending or terminating the Service and User’s Accounts, prohibiting access to the Application and its content, Services and tools, delaying or removing hosted content, and taking technical and legal actions to keep Users off the Application if JusQliks reasonably perceives that such Users are creating any problems, including without limitation, possible legal liabilities, indulging in suspicious activity, infringement of the intellectual property rights, or acting inconsistently with the letter or spirit of these Terms of Use, after giving 30 days prior written notice.
  3. Notwithstanding the above, JusQliks may, in appropriate circumstances and at our sole discretion, suspend or terminate Accounts of Users for any reason, including without limitation:
    1. Attempts to gain unauthorized access to the Application and Services or another User’s account or providing assistance to others’ attempting to do so; 
    2. Overcoming software security features limiting use of or protecting any content;
    3. Usage of the Application and Services to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities
    4. Violations of these Terms of Use;
    5. Failure to pay or fraudulent payment for Transactions;
    6. Failure to comply with security requests;
    7. Failure to provide requested information or documents for any reason;
    8. Unexpected operational difficulties;
    9. Upon the request of law enforcement or other government agencies, if deemed to be legitimate and compelling by JusQliks, acting in its sole discretion.
    10. Indulging (by the User) in any other suspicious activity, as deemed suspicious by JusQliks, in relation to the Services.

 

  1. JusQliks also reserves the right to cancel unverified User Accounts or User Accounts that have been inactive for a period of 6 months or more, and/or to modify or discontinue the Application and Services. Users agree that JusQliks will not be liable to them or to any third-party for termination of their User Account or access to the Application.
  2. The User hereby expressly agrees and undertakes that the suspension of a User Account shall not affect the payment of the any pecuniary due for past transactions or any other outstanding amount due to JusQliks by the User. Notwithstanding anything contained in these terms or otherwise, the termination of these terms for any reason whatsoever shall not affect your obligations including but not limited to repayment of outstanding amounts or liabilities.

 

Expiry Of Service

  1. The eligibility of a User to avail the Services of JusQliks shall expire on the User’s graduation or completion of collegiate education. JusQliks shall determine, based on the information provided by the user, the date of expiry of Services. The term of Services offered by JusQliks can be extended, subject to provision of satisfactory documentation by the User as proof of continuance of education. However, the User Account and the Application will remain accessible to clear outstanding amounts.

 

Miscellaneous

  1. The contents of the present terms read with the Privacy Policy, Terms of Services, separate agreement and Mobile Application Form shall constitute the entire understanding between the User and JusQliks.
  2. The User shall not assign or otherwise transfer rights or obligations under this agreement. JusQliks may assign our rights and duties under this agreement without any such assignment being considered a change to this agreement and without any notice to the User.
  3. The User understands and agrees that no joint venture, partnership, employment, or agency relationship exists between the user and JusQliks as a result of this Agreement or on account of use of the Application.
  4. The User hereto shall keep strictly confidential all information including but not limited to that which may be disclosed or confided to it by the other in the course of the performance of this Agreement. The User shall not disclose any information to any third party without prior approval of JusQliks.
  5. All information shared by JusQliks to the User for the purpose of the Services/Application/Application Services shall be considered as confidential. The following are the exceptions to this clause: (a) information already in public domain, and (b) such information as is required to be disclosed by the disclosing party under any laws, rules or regulations or pursuant to the order or direction, of any Court, authority, tribunal or forum.
  6. The information and materials contained in or accessed through the Application Services shall not be considered or construed as an offer or solicitation to sell, buy, give, take, issue, allot or transfer, or as the giving of any advice in respect of shares, stocks, bonds, notes, interests, unit trusts, mutual funds or other securities, investments, loans, advances, credits or deposits in any jurisdiction.
  7. The information and materials herein are subject to change (including, without limitation, modification, deletion or replacement thereof) without notice.
  8. Any notices or other communications that the User wish to send to JusQliks may be addressed to us by e-mail on info@jusqliks.com Any notices to the User shall be sent to the registered email ID of the User.
  9. Any notices or communications required to be given under this Agreement shall not be binding unless the same is in writing and the same shall be addressed by email in the manner detailed in the Clause (8) above.