Quiddity

TERMS OF USE

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. 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 Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of the www.quiddityhub.com website or Quiddity Mobile Application (hereinafter "Quiddity").

Quiddity is owned and operated by Even Keel Learning Solutions Private Limited, a private limited company registered under Companies Act, 2013 whose registered office is at 502, Samarpan Complex, New Link Road, Chakala, Andheri (East), Mumbai, Maharashtra -400099, India. Quiddity summarises the key idea upon which a nonfiction book is based in the form of central insights which are an original expression of the writers working on behalf of Quiddity. This helps the users to understand and appreciate the important information of the non-fiction book efficiently and effectively. Please read these terms and conditions carefully before you start to use Quiddity. By accessing and using Quiddity and/or services and/or any portion thereof, you agree that you accept (unconditionally and irrevocably) these terms and conditions and applicable policies included by way of reference (the "Agreement") and agree to be bound by them. If you do not agree to these terms and conditions, please refrain from using Quiddity and exit immediately. If you transact on Quiddity, you agree to and shall be subject to the policies that are applicable for such transaction. By mere use of Quiddity, you enter into a binding contract governed by these terms and conditions. By accessing and/or transacting on Quiddity, you represent and warrant that you are of legal age and possess the legal right and ability to enter into this Agreement. For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who visits our platform, either just for the purpose of browsing the Website/App or engages to buy our products. The term "We", "Us", "Our" shall mean Quiddity or its owner Even Keel Learning Solutions Private Limited.

Modification of Terms

Quiddity reserves the right, at its sole discretion, to change, modify, add or remove portions of these without any prior notice to you. It is your responsibility to review these Terms of Use periodically for updates / changes. Changed terms will become effective once posted on our website, or on our mobile application, and will not have any retrospective effect on existing contractual arrangements. Your continued use of Quiddity subsequent to any change in these terms and conditions implies your acceptance and agreement of the modified Agreement. ACCESSING, BROWSING OR OTHERWISE USING QUIDDITY INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. IF YOU DO NOT AGREE WITH ANY PROVISION OF THIS AGREEMENT THEN PLEASE EXIT AND UNINSTALL THE APPLICATION.

License Grant

Subject to your full compliance with these Terms of Use, you are granted a non-exclusive, non-transferable, limited license to access and make personal use of Quiddity. This license does not include any resale or commercial use of Quiddity or its contents; any collection and use of any product listings, descriptions, or images; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another person; or any use of data mining, robots, or similar data gathering and extraction tools. Quiddity or any portion of Quiddity and its contents (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without our express written consent and / or its affiliates, as may be applicable. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. Any and All Quiddity trademarks as well as our trade names, logos, domain names and other peculiarities of the Quiddity trademark are under the sole ownership of Quiddity. The license does not grant you the right to use Quiddity trademarks, our trade names, logos, domain names or other features of the Quiddity trademark, irrespective of whether for commercial or non-commercial use. You agree that your usage of the Mobile Application ("App") is a limited license to use the App. This license is to access the App for personal use. You are not authorized to modify or download any portion of the App without our written consent. You do not have commercial license to use the App. No part of the App shall be used by you for any commercial purpose without our express written consent.

Eligibility to Use

Use of Quiddity is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872, including minors, un-discharged insolvents etc. are not eligible to use Quiddity. If you are a minor i.e. under the age of 18 years, you shall not register to use, transact on or use Quiddity. As a minor if you wish to use or transact Quiddity, such use or transaction may be made by your legal guardian or parents. We reserve the right to terminate your user account and / or refuse to provide you with access to Quiddity if it is brought to our notice or if it is discovered that you are under the age of 18 years.

User Account

We provide access to our services through the creation of User Accounts controlled by User names and Passwords. If you use Quiddity as a Registered User, you are responsible for maintaining the confidentiality of your account and password and for maintaining restricted access to your computer or Smartphone/mobile or tablet or like device to prevent unauthorised access to your account. Quiddity also allows users to skip the registration process for a limited use and trial of its services. By choosing the skip the registration process users are still liable to be bound by these terms and conditions in the same manner as a user who has completed the registration process. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. All information necessary for registration shall be made complete and accurate and shall be kept up-to-date at all times. We reserve the right to refuse service, or access to Quiddity, terminate accounts, remove or edit content at any time without notice to you. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Using Quiddity

• Quiddity allows the users to access the summary ("Quids")of non-fiction books which helps the user to understand the key ideas propagated in these books. The quids are made available in text and/or voice based format.

• Users can avail either a subscription based service or a free service on Quiddity as per their discretion. Users can avail a premium service which is subscription based and provides unrestricted access to the services available at Quiddity. The free users can avail a restricted access of the service.

• When you avail premium subscription service at Quiddity, you may be directed to a payment gateway. In such cases the terms and conditions of the payment gateway shall be binding upon you.

• To avail premium service you may also subscribe via In-App-Purchase via iOS- or Android-Apps. For this purpose, you will have to choose the desired option on the subscription screen of the App, whereupon a pop-up will appear in which you have to enter your Apple- / Google-Play-password. As soon as you have done this, another pop-up will appear in which you have to confirm the subscription purchase again. You have a right to still cancel the process at this stage.

• Quiddity will try to process your subscription promptly but does not guarantee that your subscription will be activated within any specified time. By submitting your payment and other subscription details, you are making an offer to us to buy a subscription. Your offer will only be accepted by us and a contract formed when we have successfully verified your payment details and other relevant information.

• The Company reserves the right to reject any offer in its discretion, for any or no reason. • Quiddity may offer trail subscription services for limited period to its users as per its discretion. All the terms and conditions of the trial subscription will be determined solely by us. We reserve the right to terminate such offers as per our discretion without any prior consent from you.

• Any content that is provided to you on a subscription basis is for your personal use only and only for the duration of the subscription, if and when all related payments have been paid as necessary. Your rights to use and access the subscribed content will end automatically upon expiry of the subscription period. The Company reserves the right to restrict your access and use of the subscribed Content before the expiry of the subscription period if you are in default of this Agreement.

• You agree that you shall have no claims against Quiddity regarding the quality of any content accessed by you on Quiddity.

• You agree not to access Quiddity through any other interface than that provided by us to you • While you have full right to criticise the quality of the content, you agree that you shall not make any abusive comment on the discussion forums provided to you by Quiddity. You also agree that if you post any comment which is deemed as objectionable or illegal under any law, we shall have the right to remove those comments.

• You represent and warrant that you have all rights in the pictures uploaded by you on the App. Quiddity shall not be responsible in any manner for any claim brought against it regarding any picture uploaded by you on the App.

Privacy

Please review our Privacy Policy before signing up for using Quiddity. Our Privacy Policy would allow you to fully understand our practices. The personal information / data provided to us by you during the course of usage of Quiddity will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If you object to any condition in the Privacy Policy governing our use of your information, please do not use Quiddity.

Advertisements

If you are using a free service, Quiddity shall be allowed to show you advertisement on the app or website. We shall not be responsible for illegality of any advertisement material provided by the advertiser. Before you act on the basis of any advertisement published on the app or website, you should objectively verify the authenticity of the claims or propositions made in the advertisements. Any act undertaken by you on the basis of such advertisement shall be a direct transaction between you and the advertiser. We shall not responsible for any direct or indirect and monetary or non-monetary loss or damage incurred by you due to any such action.

Payment

You are allowed to choose between various payments options while placing an order on Quiddity. You agree to use your own debit/credit card or bank details for transaction. Quiddity would not be responsible for misuse of your card if all the security checks are verified. You agree that the methods of payment may be updated from time to time on Quiddity. We may use third party payment providers or other payment mechanisms to process payments for subscription orders. Information transmitted is encrypted using standards offered by the payment provider. We are not responsible for delays or erroneous transaction execution or cancellation of orders due to payment issues. We take utmost care to work with third party payment providers, but do not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers. You agree that Quiddity will not be liable in any manner for any issue relating to such payment mechanisms.

Cancellation and Charges

Quiddity shall allow a 7 day period no questions asked window for the user to cancel its subscription.

Complaints and Refund

We are sure that you would love our products and services. But just in case you were not happy with your subscription, you can contact us at support@quiddityhub.com with complete details of the complaint encountered by you. We shall try to fix the issue amicably. Quiddity reserves the right to refund such amounts, not exceeding the full amount paid for the order, as it deems appropriate.

Limitations on Use

You agree to use Quiddity only for personal, non-commercial use. You agree to use our services to make only legitimate purchases. You agree to all of our terms and conditions of purchase, including, but not limited to, full and timely payment of all amounts due and compliance with all rules concerning availability of products, or services. All fees, assessments, charges, taxes and duties arising out of use of the Quiddity are your sole responsibility.

Intellectual Property Rights

All Rights Reserved

Quiddity, its logo and the content displayed on the Site and App are our exclusive intellectual property. We claim copyright over our unique software and compilation used in working our App. We also claim copyright over the original content created in the form of Quids. You shall not reproduce any portion of the App for any use, whether commercial or personal, without our express written consent. We claim sole and exclusive right over all intellectual property in the Site and App, including but not limited to copyright, trademarks, designs, etc. You may not systematically extract/ or re-utilize parts of the contents of Site and App without our express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of our Site and App, without express written consent.

Disclaimer of Warranties and Limitation of Liability

General

Your access to and use of software and other materials is solely at your own risk. We make no warranty whatsoever about the reliability, stability or virus free nature of such software. Quiddity does not represent or warrant that the Site and App will be error-free, free of viruses or other harmful components, or that defects will be corrected. Quiddity does not represent or warrant that the information available on or through the Site and App will be correct, accurate, timely or otherwise reliable. Quiddity reserves the absolute right to make changes to the features, functionality or content and materials of the Site and App at any time. Quiddity reserves the absolute right, in its sole discretion, to edit or delete any documents, information appearing on the Site and App and you agree that you shall have no recourse to Quiddity as regards any such editing or deletion.

Disclaimer of Warranty

To the maximum extent permitted by applicable law, we disclaim all warranties relating to the information, software, products and services contained in this App or website. All such information is provided "as is" without warranty of any kind. We hereby disclaim all warranties and conditions with regard to this information, software, products and services contained in this web site including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

Limitation of Liability

Quiddity will not be responsible for any loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other loss when you commenced using the Website or App. In no event will Quiddity be liable for any direct, special, indirect, incidental, consequential (including among other things loss of revenue or profits), punitive, or exemplary, damages of any kind or subject to equitable or injunctive remedies (whether based on breach of contract, tort, negligence, strict liability or otherwise) arising out of:

1. Access to, or use of Quiddity, or delay or inability to use Quiddity, or,

2. The availability and utility of products and services

Quiddity's maximum monetary liability under any theory of liability shall not exceed the amount paid by you for the product/service against which the claim arises. Nothing in this limitation of liability shall exclude liabilities not permitted to be excluded by applicable law. Any rights not expressly granted herein are reserved by us.

Indemnity

You shall indemnify and hold harmless Quiddity, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions (hereinafter "claim"), including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of any claim against any comment or content uploaded by you on the Site/App, or from information shared by you on the Site/App, or your breach of this Agreement or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party. You hereby expressly release Quiddity and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.

Circumstances beyond our Reasonable Control

To the extent permissible by law, we will not be held responsible for any delay or failure to comply with our obligations under these conditions, including delays by logistics partners, if the delay or failure arises from any cause, which is beyond our reasonable control.

Waiver

Quiddity's failure to take action on any breach committed by You will not affect our rights or remedies under this Agreement with respect to any subsequent reach, and nothing in this Agreement implies otherwise.

No Agency

None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Quiddity and you shall have no authority to bind Quiddity in any manner whatsoever.

Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to Quiddity at 502, Samarpan Complex, New Link Road, Chakala, Andheri (East), Mumbai, Maharashtra -400099 or at the email address support@Quiddityhub.com. Notices by us to you will be provided on the email you provide to us during the registration process (in your case). Notice through postal shall be deemed given 3 days after the date of mailing and for e-mails 24 hours after e-mail is sent, unless the sending party is notified that the email address is invalid.

Severability

If any clause of the Agreement is deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.

Grievance Officer

In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer is published herewith: Grievance Officer Email: support@quiddityhub.com

Notices of Copyright Infringement or Objectionable Content

If you believe that your rights are being infringed, you may inform us of the same in the following manner to our Grievance Officer:

1. Full Name and Details of Complaining Party

2. Address and Contact Details of Complaining Party

3. Description of Objectionable Content and its location on the App (or snapshot of relevant page), including Quid name, if applicable, so as to enable us to easily locate the objectionable content.

4. Description of the objection to the aforementioned content eg. Infringement of IP, defamation, etc. to enable us to assess the validity of the claim.

5. Statement of truth:"I represent that the information in this notification is true and correct and that I am the intellectual property owner or authorised to act on behalf of the intellectual property owner for the rights described above".

6. Signature of the Complaining Party or authorized agent.

Upon receipt of a Complaint we shall assess the validity of the complaint and may take certain actions, including removing information or an item, all of which do not constitute any admission as to liability and are without prejudice to any rights, remedies or defenses, all of which are expressly reserved. Furthermore, you grant us the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display the complaint. This includes forwarding the Complaint to the parties involved in the provision of the allegedly infringing content. You agree to indemnify Quiddity for all claims brought by a third party against Quiddity arising out of or in connection with the Complaint and any action taken pursuant thereto.

Please note that complaint must be from someone personally and directly affected by the matter which forms the subject matter of the complaint. It must not be vexatious, trivial or argumentative.

Exclusive Jurisdiction

All disputes arising out of or in any way connected with this agreement shall be deemed to have arisen in Mumbai and only courts in Mumbai shall have jurisdiction to determine the same.