Terms Of Service

We Qwardo, Inc. (“Company”), are engaged in the business of providing services of visitor engagement and tracking platform to various websites and online portals in order to track and analyze the trends, activities and behavioural patterns of their users and visitors (“Services”). These Terms of Use (“Terms”) govern the usage of the Services by any interested customer (“Customer”) for their specific websites and online portals. The Services shall be provided and accessible through the Company’s software tools, website i.e., www.qwardo.com (“Website”), and all related players, widgets, tools, applications, data and software (collectively referred to “Qwardo Products”).

The Customers accessing or using the Services, with or without registration on Qwardo, hereby agree to be bound by these Terms. These Terms, together with the privacy policy (“Privacy Policy”) and the Copyright Policy (collectively referred to as “Legal Policies”) and any other terms specifically referred to in any of those documents, constitute a legally binding agreement (the “Agreement”) between the Customers and the Company in relation to the use of Qwardo and the Services.

This electronic record is generated by a computer system and does not require any physical, electronic or digital signatures.

  1. Scope of Services
  • Qwardo provides an array of services including without limitation (a) providing visitor engagement and tracking platform in the Customer’s websites and their content through software tools such as (i) Qwardo Smarthub, (ii) Qwardo Smartbar and (iii) Qwardo Insights (“Qwardo Products”); (b) providing a lead capture tool on the webpages and content of the Customers; (c) tracking of the leads and scoring the leads based on their behaviour on the websites; (d) to provide personalized e-mail links of the visitors who have registered with the Customer’s website and (e) collecting the information of the visitors and accessing the Customer’s website (“Lead Data”) and providing deep analytics of the information; (f) provide a content activity report on the visitors of the Customer’s website; and (g) such other relevant services to provide effective information and analytics of the visitors of the Customer’s Website. 
  • The Company shall provide reasonable technical support to Customer and its authorized persons at the reasonable request of the Customer. Responding to enquiries of the Customers who have accepted these Terms but do not have an account may be less expedient, or may not occur at all.

 

  1. Eligibility
  • Use of the Qwardo and registration on the Website is not permitted where it is prohibited by law. By using the Services, the Customer represents and warrants that:
  1. the Customer is a person who can enter into a legally binding agreement as per the laws of the jurisdiction where the Customer is situated;
  2. in case the Customer is representing a corporation or any other entity, such entity is duly organized and validly existing under the applicable laws where such entity is situated and the person is duly authorized to represent such Company;
  3. the Customer is not barred by any applicable law for the time being in force; and
  4. the Customer has obtained all such licenses and authorizations which are in full force and effect to enter into the Agreement.

 

  1. Account Registration
  • To register for the Services, the Customer must complete the registration process by providing with current, complete and accurate information as prompted by the registration form, including e-mail address (username) and password. The Customer shall protect the passwords and take full responsibility for any third party use of the Customer accounts. The Customers are solely responsible for any and all activities that occur under Customer’s account.
  • To register with Qwardo and to use the Services, the Customer agrees that:
  1. he/she shall to provide such information and documents as may be necessary for the identification and verification of the Customers or the corporation that the Customer represents;
  2. all the information provided by the Customer to is true and correct in all material aspects;
  3. the information provided to the Company is not confidential in nature, and does not violate any contractual restrictions or other third party rights;
  4. the Legal Policies are binding and enforceable against the Customer;
  5. to the extent that the Customer is an individual accepting these Terms on behalf of his/ her corporation such individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity. In such a case, the entity and its employees shall hereby be bound by the terms of the Legal Policies of Qwardo;
  6. the Customer will keep his/her contact information accurate and up-to-date;
  7. the Customer will not provide any false personal information to the Company, or create an account for anyone other than himself/herself;
  8. if Company disables Customer’s account, Customer will not create another one without Company’s permission; and
  9. the Customer will not share his/her permanent and temporary log-in credentials or do anything else that might jeopardize the security of his/her account and not try to access/hack into other’s accounts.
  • The Customer shall be solely responsible for maintaining the confidentiality of the username and passwords, and for all activities that occur in the Customer’s Account. The Customer agrees to (a) notify the Company immediately of any unauthorized use of username and passwords or any other breach of security; and (b) ensure that he/she logs off from the account at the end of each session.
  • The Company reserves the right to terminate Customer’s account or otherwise deny the Customer access to the Services in its sole discretion, without notice and liability. If Customer provides any information to Qwardo solely for using the Services in a fraudulent way, the Company, in its sole discretion, has the right to suspend or terminate Customer’s exercise of any Services or refusal of all current or future access to the Qwardo Products or Website or terminate any portion thereof. Further, the Customer agrees that the Company will not be liable to him/her or any third party if the Company suspends or terminates his/her access to the Services for any reason.

 

  1. Payment and Subscription Fee
  • In order to gain access to and use the Services and the Qwardo Products, the Customers shall be required to purchase a paid [monthly], [6 month], [yearly] or [two-year] subscription plan as updated regularly in the Website (“Subscription”). The Customer will pay to Qwardo such fees as prescribed for the type of Subscription chosen by the Customer (“Subscription Fee”) in the manner, amounts and frequencies indicated on the Website, or otherwise communicated by Qwardo to the Customers from time to time. 
  • The Subscription Fee payable by the Customer are exclusive of national, state, local and foreign taxes, duties, tariffs, levies, withholdings and similar assessments (including without limitation, sales taxes, and value added taxes) (“Additional Charges”), and the Customer agrees to bear and be responsible for the payment of all such Additional Charges, excluding taxes based upon the Company’s net income. 
  • Qwardo may contain links to third-party websites including payment gateway links through which the payment can be made. Such linked sites are not under the control of the Company and the Company shall not responsible for the content of any linked site. Use of third-party payment gateway is at the Customer’s own risk and subject to the terms and conditions of use for such sites. These Terms do not apply to other websites. 
  • A 30-day free demo is offered to the Customers to access and use the Services and the Qwardo Products for such specific period. Billing details may be required from the Customers to prevent interruption in service if the Customer decides to continue with the Services after the free demo time period ends and to prevent abusive registrations. The Customer won’t be charged during the free demo period. If the Customer doesn’t stop the trial period, he/she will automatically be charged for a Subscription at the end of the trial. The automatic renewal can be cancelled at any time. The Customers having access to Qwardo and the Services during the free demo period shall also be bound by the Legal Policies.
  1. License
  • Subject to the Terms and the payment of the Subscription Fee stipulated by Qwardo, the Company grants the Customer a non-exclusive, revocable, non-transferrable and limited license to access and use the Services and Qwardo on his/her/its website, content or personal device. The Company shall also grant a revocable, non-transferrable and limited license to copy, use, reproduce and modify any Lead Data and such derivative data for the Customer’s internal business only. 
  • The Company may, from time to time, update or modify the Qwardo Products and the Website, release new versions or create new modules related thereto, each of which may, at the Company’s discretion, be included within the license granted above. The Customer shall not be permitted to sublicense or transfer any of his/her/its rights hereunder including without limitation, access to Qwardo through the respective login credentials authenticated for a particular Customer.

 

  1. Representations and Warranties
  • Subject to the Customer’s compliance on a continuing basis with all of the terms and conditions of the Legal Policies, the Company hereby grants the Customer the permission to use Qwardo and the Services only as set forth in these Terms, and provided that:
  1. the Customer’s use of the Qwardo and its Services are solely for the Customer’s personal use and shall not create an account for anyone other than himself/herself without permission;
  2. the Customer is neither a competitor of the Company nor is using the Services for reasons that are in competition with the Company; the Customer will be responsible for withholding, filing, and reporting all taxes duties and other governmental assessments associated with his/her activity on the Website; the Customer understands that the technical processing and transmission of Qwardo’s Services, including the Customer submissions, may be transferred unencrypted and involve (i) transmission over various networks and (ii) changes to conform and adapt to technical requirements of connecting networks or devices; and
  3. the Customer understands if the Customer’s bandwidth usage exceeds the average bandwidth usage (as determined solely by Qwardo) of other users, Qwardo reserves the right to immediately disable his/her account or throttle his/her usage until the Customer can reduce his/her bandwidth consumption.

 

  1. Restrictions on Use
  • The Customers shall not use the Website in order to transmit, post, distribute, store, modify or destroy material, including without limitation, content provided by the Company:
  1. for any unlawful purpose or in violation of any applicable law, regulation, international law or laws of any other country;
  2. in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of third parties, or violate the privacy, publicity or other personal rights of third parties;
  3. that is defamatory, libellous, obscene, threatening, abusive or is offensive to the Customers of the Services, such as content or messages that promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
  4. the Customer will not post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
  5. the Customer will not copy or distribute any part of Qwardo in any medium; or
  6. that harasses or advocates harassment of another person.
  • The Customers are also prohibited from violating or attempting to violate the security of the Website, including, without limitation of the following activities:
  1. accessing data not intended for such Customer or logging into a server or account which the Customer is not authorized to access;
  2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  3. attempting to interfere with service to any Customer, host or network, including, without limitation, via means of submitting a virus to Qwardo Products and Website, overloading, “flooding”, “spamming”, “mailbombing”, “hacking” or “crashing”; or
  4. forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Further, violations of system or network security may result in civil or criminal liability.
  • In addition to the above, the Customer shall not:
  1. modify, adapt, translate, or reverse engineer any portion of Qwardo and/or Services;
  2. remove any copyright, trademark or other proprietary rights notices contained in or on Qwardo and/or Services;
  3. reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by the Company;
  4. link to, mirror or frame any portion of the Services;
  5. cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of Qwardo Products or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;
  6. harvest or otherwise collect information about other Customers, including email addresses, without their consent;
  7. verbal, physical, written or other abuse (including threats of abuse or retribution) of any Qwardo’s customer, employee, member, or officer by the Customer may result in immediate account termination;
  8. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of Qwardo and/or Services or for crawling Qwardo and scraping content or to circumvent the technological methods adopted by Qwardo to prevent such prohibited use;
  9. reformat or frame any portion of the web pages that are part of Qwardo and/or Services;
  10. submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by the Company;
  11. create Customer accounts by automated means or under false or fraudulent pretenses;
  12. create or transmit unwanted electronic communications such as “spam” to other Customers of Qwardo and/or Services or otherwise interfere with other Customer’s enjoyment of the Services;
  13. submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by the Company or the Website;
  14. transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
  15. use of the Qwardo or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including those that are deemed threatening or obscene; or
  16. take any action that imposes, or may impose, in Company’s sole discretion, an unreasonable or disproportionately large load on the Company’s IT infrastructure.

 

  1. Intellectual Property Rights
  • The Customer acknowledges and agrees that the Company or Company’s licensors or such other third party own all legal rights, titles and interests in and to the Services, including any Intellectual Property Rights, conceived or written, which subsist in Qwardo, including without limitation its Source Code, its Documentation, any updated versions and any modifications, improvements, enhancements of Qwardo (“Derivative Work”), its content and Services, whether those rights happen to be registered or not, and wherever in the world those rights may exist.
  • Unless agreed otherwise in writing with the Company, nothing in the Terms gives the Customer or any third party a right to use any of Company’s Trademarks, domain names, and other distinctive brand features.
  • The Customer agrees that he/she shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
  • For the purposes of these Terms:

 

  1. Intellectual Property Rights” shall mean all intellectual and industrial property rights including without limitation, Trademarks, service marks, trade names, trade dress, copyrights, rights of authorship, inventions, mask work rights, moral rights, patents, rights of inventorship, all applications, registrations and renewals in connection with any of the above; database rights, know-how, trade secrets, rights of publicity, privacy and/or defamation, rights under unfair competition and unfair trade practice laws, anywhere in the world. 
  2. Source Code” shall mean human-readable computer-programming code and related system documentation, programmers’ comments and descriptions of the compiler application and environment which is used to convert the human-readable computer-programming code into the object code form of the software. 
  3. Documentation” shall mean all or any portion of the documentation, instructions, manual, installation, operator guides, user guides and any other supporting or programming materials, in written or other tangible form (including on magnetic media), made available by the Company, for use of Qwardo and its Services. 
  4. Trademarks” shall mean any and all trade names, service names, product names, brand names, logos, symbols, labels and other marks used in trade to indicate the source of origin of the goods or services of a business entity or an individual involved in any business, whether registered or not.

 

  1. Confidential Information
  • The Customer may be given access to certain non-public information, software, source code and specifications of the Qwardo Products and the Website (“Company’s Confidential Information”), which is confidential and proprietary to the Company. The Customer may use Company’s Confidential Information only as necessary in exercising rights granted to them in this Agreement. 
  • The Customer agrees that he/she will not disclose Company’s Confidential Information without Company’s prior written consent.
  • The Customer agrees that he/she will protect Company’s Confidential Information from unauthorized use, access, or disclosure in the same manner that the Customer would protect the Customer’s own confidential and proprietary information of a similar nature and in any event with no less than a reasonable degree of care.
  • The Company’s Confidential Information does not include information that:
  1. has become publicly known through no breach by Customer;
  2. has been independently developed without access to Company’s Confidential Information, as evidenced in writing;
  3. has been rightfully received by the Customer from a third party who has the lawful right to disclose such information; or
  4. is required to be disclosed by law or by a governmental authority.

 

  1. Third Party Content
  • Qwardo may contain features and functionalities that promote and allow access to third party content, including websites, information, products or services. If the Customer has any problems resulting from use of any third party services, or suffers data loss or other losses as a result of problems with any of other service providers or any third-party services, Company shall not be responsible for the same. 
  • Additionally, the Company or third parties may provide hyperlinks, or any other form of link or redirection of the Customer’s connection to other sites (“Third Party Sites”). These Third Party Sites are in no way integrated into the Qwardo and the inclusion of any link on Qwardo or any network does not imply the Company’s affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein.

 

  1. Additions and Alterations to Terms of Use
  • The Company reserves the right to add to or alter these Terms from time to time, and each such modification shall be effective upon posting on the Website.

 

  • The Company will inform you of such additions/alterations through e-mails, messages to your account, notices posted on the Website, or through other means available through Services. These additions/alterations will not apply retroactively and will become effective from the date they are posted on the Website.

 

  • Additions may be in the form of supplemental terms which may apply to certain Services, such as policies for a particular feature and such supplemental terms will be disclosed to you in connection with the applicable Service(s). Supplemental terms shall be deemed a part of the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

 

  • Continued use of the Services following any such modification constitutes your acceptance to be bound by these Terms as so modified. It is therefore important that you review these Terms regularly. If you do not agree to be bound by these Terms and to abide by all applicable laws, you must discontinue use of the Services immediately.

 

  1. Disclaimer and Limitation of Liability

 

  • THE COMPANY TRIES TO KEEP QWARDO, BUG-FREE, AND SAFE, BUT THE USER AGREES TO USE IT AT HIS/HER OWN RISK. THE COMPANY IS PROVIDING THE SERVICES AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

 

  • THE COMPANY DOES NOT GUARANTEE THAT QWARDO WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE QWARDO PRODUCTS WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS.

 

  • THE COMPANY DOES NOT GUARANTEE THAT QWARDO WILL PROVIDE REGULAR DATA BACKUPS OF ANY VISITOR INFORMATION STORED ON IT. IT IS THE USER’S RESPONSIBILITY TO BACKUP ONTO CUSTOMER’S OWN LOCAL SYSTEM ALL SUCH VISITOR INFORMATION, INCLUDING ALL DATA, FILES AND RECORDS THAT CUSTOMER SUBMITS TO.

 

  • THE COMPANY DOES NOT WARRANT THAT: (A) THE SERVICE WILL MEET THE USER’S REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT THE USER MAY OBTAIN FROM THE SERVICE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE USER THROUGH THE SERVICE WILL MEET HIS/HER EXPECTATIONS; OR (E) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. THE USER AGREES TO BEAR ALL RISK ASSOCIATED WITH THE USE OF OR RELIANCE ON ANY SUCH INFORMATION, AND RELEASE AND HOLD THE COMPANY HARMLESS FROM CAUSE OF ACTION THAT MAY ARISE IN CONNECTION WITH SUCH RELIANCE ON INFORMATION CONTAINED IN QWARDO.

 

  • THE COMPANY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND USER RELEASES THE COMPANY, COMPANY’S DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM THE USER HAS AGAINST ANY SUCH THIRD PARTIES.

 

  • THE COMPANY WILL NOT BE LIABLE TO THE USER FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES.

 

  • IN CERTAIN JURISDICTIONS, APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THE USER. IN SUCH CASES, THE COMPANY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

  • THE COMPANY IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF COMMUNICATION ON ACCOUNT OF TECHNICAL PROBLEMS, OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO THE USERS OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB OR IN CONNECTION WITH THE SERVICE.

 

  • IN NO EVENT WILL THE COMPANY BE LIABLE TO ANY USER FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USER’S USE OF THE QWARDO, COMPANY SPECIFICATIONS, CONTENT, OR OTHER COMPANY PRODUCTS AND SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

 

  • IN ANY CASE, THE COMPANY’S AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE AGGREGATE FEES THE USER HAS PAID FOR ACCESS TO QWARDO. THE COMPANY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT THE USER’S EQUIPMENT ON ACCOUNT OF THEIR ACCESS TO, USE OF QWARDO OR THE DOWNLOADING OF ANY MATERIAL, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM QWARDO. IF THE USERS ARE DISSATISFIED WITH QWARDO, THE SOLE REMEDY OF THE USER IS TO DISCONTINUE USING QWARDO.

 

  1. Indemnification

 

  • The Customer agrees to indemnify and hold harmless the Company, its employees, officers, directors and affiliates against any and all liability (including losses, damages, recoveries, deficiencies, interest, penalties and reasonable attorney’s fees) relating to: (i) the Lead Data, (ii) the Customer’s breach of any of their obligations, representations or warranties under this Agreement, or (iii) the Customer’s usage of the Services and Qwardo, or any act, error, or omission by him/her or any Customer of his/her account in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property; any defective product or any injury or damage to person or property caused by any products sold or otherwise distributed through or in connection with the Services; or violation of any applicable law.

 

  • The Customer has or shall obtain in a timely manner all necessary or appropriate licenses, permits or other governmental authorizations or approvals; shall indemnify and hold the Company harmless from, and bear all expense of, complying with all foreign or domestic laws, regulations or requirements pertaining to the importation, exportation of the Services. The Customer will not directly or indirectly export or re-export (including by transmission) any regulated technology to any country to which such activity is restricted by regulation or statute, without the prior written consent, if required, of the administrator of export laws.

 

  1. Termination

 

  • These Terms shall remain in full force and effect for the duration of the availed Service or the Subscription and/ or unless and until the Customer’s account is terminated as provided herein. The Customer may terminate his/her account as per the instructions provided by the Company in the Website and the individual contracts signed by the Customer and end their use of the Services at any time. Upon such termination for any reason, the Customer shall cease to have access to the Qwardo Products and to the use of any Company’s Services.

 

  • Any licenses contained in the Legal Policies will terminate automatically without notice if the Customer fails to comply with any provision of this Agreement.

 

  • The Company further reserves the right to terminate these Terms or discontinue the Services provided through Qwardo or any portion or feature thereof for any or no reason and at any time without liability to the Customer.

 

  • The Customer shall delete all copies of the Qwardo Products, Company’s specifications and Company’s Confidential Information, other Customers’ personal and confidential information and shall further cease and desist from distributing or developing the Qwardo Products and/or Website, specifications and information.

 

  • The Company will not be liable for any costs, expenses, or damages as a result of the termination of this Agreement.

 

  • Clauses 8, 9, and 15 of these Terms shall survive following any termination of this Agreement.

 

  1. Disputes

 

  • These Terms shall be governed by and interpreted and construed in accordance with the laws of the State of Washington and the federal laws of USA. You will resolve any claim, cause of action or dispute or claim arising out of or relating to these Terms exclusively in the courts of law in King County, the State of Washington. The U.N. Convention on Contracts for the International Sale of Goods will not apply to the Agreement.

 

  • Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The language of arbitration shall be English. The decision of the arbitrator shall be final. The arbitration shall be conducted in King County, the State of Washington and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, the Company may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

 

  1. Contact Us

 

If the Customers have any questions concerning Qwardo, this Agreement, the Services, or anything related to any of the foregoing, the Company’s customer support can be reached at the following email legal@qwardo.com or via the contact information available from the following hyperlink: http://qwardo.com/contact-us/.

 

  1. General Provisions

 

  • These Terms along with the Privacy Policy, Legal Disclaimer and Lending Policy make up the entire agreement between the parties regarding the Services, and supersedes any prior agreements or understandings.

 

  • If any portions of these Terms are found to be unenforceable, the remaining portion will remain in full force and effect.

 

  • The Company’s failure to require performance of any provision of these Terms, or to exercise any right provided for herein, shall not be deemed a waiver of such provision or such right.

 

  • Any amendment to or waiver of these Terms must be made in writing and signed by the Company.

 

  • The Customer may not assign this Agreement to any third party without the Company’s prior written consent. The Company may assign this Agreement, in whole or in part, to any third party without the Customers consent. Any assignment in violation of this Section will be void. The terms of this Agreement will be binding upon and inure to the benefit of the parties’ successors and permitted assignees.

 

  • All of the Company’s rights and obligations under these Terms are freely assignable by the Company in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

 

  • Nothing in these Terms shall prevent the Company from complying with the applicable laws.

 

  • These Terms do not confer any third party beneficiary rights.

 

  • The Customer should carefully read the Company’s Privacy Policy as it governs the Company’s treatment of any information, including personally identifiable information the Customer submits to the Company.

 

  • The Company reserves all rights not expressly granted to the Customer.

 

  • If under any law, the Customer is entitled or obligated to act contrary to these terms, the Customer consents to provide the Company with a comprehensive explanation of the reasons for such act in writing at least 30 days before the Customer acts in such manner.

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