You shall subscribe to the online QMA Consultancy Services (“Subscription”) against payment of the stipulated Fees, as
agreed in writing between you andQMA Consultants. Upon such payment, you shall be provided online Services to the extent
and for a period as mutually agreed between you and QMA.
The Subscriber may avail of any additional service(s) from QMA (“Additional Services”), upon payment of the requisite
Fee.
QMA Consultants reserves the right to modify the Fee, scope of the Online Services /Additional Services and/or suspend or
discontinue the Online Services /Additional Services (or any part thereof), at any time, at its sole discretion, unless agreed
to otherwise, in writing.
PAYMENT TERMS
The fees applicable for availing the QMA Consultancy Services and/or Additional Services shall be set out in relevant
agreement in writing or may be communicated by QMA Services to the Subscriber at the time of Subscription (“Fees”).
The Fees are exclusive of any and all applicable taxes, which shall be borne by you at actuals.
TERMS OF USE
QMA Consultants does not endorse or influence control over any particular branch of theory, opinion, viewpoint or position
on any topic.
QMA Consultancy Services are not intended to be treated as decisions or recommendations; these are only advisory in nature.
Client is required to weigh the options before taking final decisions.
QMA Consultancy Services are exclusively valid only for Subscribers residing in India and bound by the laws of India.
QMA Consultancy Services and its representatives may, at its sole discretion and professional judgement, determine that
online Services are not appropriate for some or all of your querries;
Any benefit offered by QMA Consultancy Services may be issued in such manner and form, whether paper, electronic or
otherwise, as deemed fit by QMA Consultancy Services. The right to utilize the benefit/advice shall vest with an active
Subscriber, subject to a condition that the benefit is utilized before the scheduled date, if any.
QMA Consultancy Services memberships are available in various packages for both individuals and/or families, with each
package having a specific membership plan including number of beneficiaries, nature of services and membership tenure.
The choices, once chosen, shall under no circumstances be redeemable for cash or any other monetary consideration at any
time.
Persons below the age of 18 (eighteen) years shall utilise QMA Consultancy Services only under strict guidance and
supervision of their parents/guardians.
The QMA Consultancy Services may not be available in all circumstances and any quoted prices are subject to change
without notice.
Your subscription is effective immediately upon your enrolment with QMA Consultancy Services, subject to receipt
of payment, if any, and shall continue as per the subscription tenure, unless cancelled by you or QMA Consultancy Services.
NO REFUND QUERIES shall be entertained once subscribed.
QMA Consultancy Services further reserves its right to modify /suspend any or all Online Services / membership benefits,
all
or certain aspects of the QMA Consultancy Services in certain geographical areas, either temporarily or permanently at
our sole discretion without prior notice.
QMA Consultancy Services reserves the right to update or modify the Terms of Service at any time without prior notice.
Your
access and use of the website and app following any such change constitutes your deemed acceptance to be bound by the
Terms of Service, as updated or modified from time to time. For this reason, we request you to review the Terms of Service
each time you access and use QMA Consultancy Services.
USE BY SUBSCRIBER
USE AND MISUSE. You will be solely responsible for all the activities that are carried out in your name and registered
membership. You are responsible for providing accurate and correct information pertaining to you and for updating such
information from time to time.
You shall maintain confidentiality and secure your login details of your QMA Consultancy Services account including
display name and password. If you know or have any reason to believe that your account is being used in an unauthorized
manner, you should inform us immediately.
INFORMATION. The website may contain general information relating to various terms and conditions. Such information
is provided for informational purposes only. You should not disregard or delay seeking the right advice based on any
information that is provided in the website or app.
You will not intentionally use the QMA Consultancy Services in any way that harms or defame QMA Consultancy Services,
its directors, employees, affiliates, associates, partners, service providers and/or any User.
In the event it is found that you breached or are likely to breach the Terms of Service, QMA Consultancy Services
reserves
the right at its sole discretion to suspend and / or terminate your access to and use QMA Consultancy Services with
or without any notice to you. Any suspected illegal, fraudulent
or abusive activity may act as grounds for suspending and / or terminating your access to and use of QMA Consultancy
Services.
Upon suspension
or termination, your right to use the features on the QMA Consultancy Services website and app as well as to utilize the
product/coupon/voucher/package shall immediately cease to work. QMA Consultancy Services shall not be liable to you or
any third party for any refund of the membership Fees or claims or damages arising out of
any suspension or termination of your access to and use of QMA Consultancy Services or any other actions taken by QMA
Consultancy Services in connection with such suspension or termination. It is clarified that the foregoing right shall be
in addition to and without prejudice to QMA Consultancy Services rights available under law and equity.
As part of your registration process as well as in the course of providing the QMA Consultancy Services to you, you may
receive SMS or email or Whatsapp messages from QMA Consultancy Services or its third party service provider / platform on
your registered mobile number and/or email ID. These messages will relate to a new membership/package purchased on QMA
Consultancy platform, appointments, reminders to use new product offers, educational content, status updates and/or
transactions that you carry out through QMA Consultancy Services. You hereby consent to receive such messages from QMA
Consultancy Services and any third party service providers/platforms. QMA
Consultancy Services will send these messages only to the registered mobile number or email ID or Whatsapp number. It
is your responsibility to ensure that you provide the correct number and email ID for the transaction you wish to enter into.
We encourage you to independently verify any information you see on the QMA Consultancy Services platform. You will
use the QMA Consultancy Services features provided by it only in relation to and in compliance with all applicable Indian
laws. You will not use this website and app or any feature provided by the website and app for any purposes not intended
under this Terms of Service.
QMA Consultancy Services allows you to avail consultations with its subject experts, consultants, etc for specialist
consultations, advice, opinion. In no event, QMA Consultancy Services will take any legal responsibility for the QMA
Consultancy Services provided/sold to you by third party service providers.
By accepting the Terms of Services, you are authorizing QMA Consultancy Services to collect additional information,
reports, documentary support, from its third party service providers for the purpose of storing in electronic system.
You agree that QMA Consultancy Services may record, save and store all consultations / instant messaging chat
consultations / text messages / audios / videos / transcripts / prescriptions / email and hard copy correspondences with
you for record purposes and produce these as evidence if required before or directed by a court of law.
You have the option of uploading your identifiable documents, records, share links, reports, prescription and historical
data, if any, on QMA Consultancy website and/or app. The information stored in the website may be accessed by QMA Consultancy
Services for providing Online Services, from time to time, effectively.
REPRESENTATIONS & WARRANTIES
The Subscriber hereby represents, warrants and covenants that:
oThe Subscriber shall use and avail of the online QMA Consultancy Services /Additional Services only for the purpose of
his/her personal use and in doing so, shall not violate any applicable laws and regulations; The responses being shared
with the Client are only of advisory nature, and not the decisions. This is the essence of the terms and the policy,
inter alia, this implies that the responses cannot be used for any legal purpose or be challenged in any court of law in
india or elsewhere.
oThe Subscriber shall observe and adhere to prevalent moral standards, ethics and follow online QMA Consultancy Services
standard practices to ensure safety, while availing of the QMA Consultancy Services and/or Additional Services; and
oThe Subscriber shall not assign his/her Subscription to third parties.
INDEMNITY
The Subscriber shall indemnify QMA Consultants, its affiliates, associates, consultants, directors, employees, vendors and
agents from and against any claims, expenses, liabilities, penalties, costs, losses or damages (including reasonable attorneys’
fees) made against or suffered by them on account of any act or omission committed by the Subscriber, including but not
limited to: (a) breach of any representations, warranties or covenants set forth herein; (b) violation of any applicable lawsor regulations; and/or (d) an act of negligence or wilful misconduct on the part of the Subscriber while availing of the QMA
Consultancy Services and/or Additional Services.
In the event Fee for the QMA Consultancy Online Services rendered to you is remitted by a third party to QMA Consultancy
Services, who is not the end beneficiary of QMA Consultancy Services, such third party shall (in addition to the Subscriber)
indemnify QMA Consultancy Services for any default in payment of Fee. In addition to the foregoing, the third party shall
be bound by these Terms of Service, to the extent applicable.
LIMITATION OF LIABILITY
In any event and under all circumstances, whether contract, tort, or otherwise and notwithstanding anything to the contrary
herein, the liability of QMA Consultancy Services shall be limited to the amounts paid by you for Online Services rendered
in the preceding month of claim, unless agreed to otherwise, in writing.
In no event shall QMA Consultancy Services be held responsible, for breach of any services rendered by others to you,
including but not limited marketing and distribution services with respect to the Online Services. All claims arising from
provision of such related and ancillary services are explicitly disowned by QMA Consultancy Services. In no event shall
either party hereto be liable to the other for any loss whether indirect, consequential or incidental, arising out of or
in connection with the provision/availing of QMA Consultancy Services under these Terms of Service, even if advised of
the possibility of the same.
DISCLAIMER
QMA Consultancy Services are provided on “as is” basis, without any representations or warranties about the suitability,
reliability, availability, timeliness, security or accuracy of the data, general information and options available on Online
platform and QMA Consultancy Services, for any purpose. No oral or written information or advice given by either QMA
Consultancy Services or its authorized representatives shall create a warranty nor in any way increase the scope of this
warranty.
QMA Consultants assumes no liability for the services or solutions suggested or advice rendered on the basis of any
inaccurate or incomplete data that you upload on QMA Consultants platform or otherwise provided to us. You are required
to make an independent assessment in respect of the accuracy, usefulness or suitability of QMA Consultancy Online Services
prior to making any decision in reliance of such advice and QMA Consultancy Services shall not be liable for any claims
arising therefrom.
QMA Consultancy Services shall not be responsible for any damage, whether physical, emotional, psychological or
financial, caused to you due to any improper/unintended use of the Online Services, any coupon issued to you or any of
the benefits available there under, which includes but is not limited to the misinterpretation of the advice given by any
representatives or third party vendors of QMA Consultancy Services to you.
Further, QMA Consultancy Services does not recommend or endorse any specific third-party consultant or make any
representations or warranties with respect to quality of advice that they may provide.
INTELLECTUAL PROPERTY RIGHTS
QMA Consultants Services owns or has rights to all worldwide intellectual property rights in and to the QMA Consultancy
platform (including all derivatives or improvements thereof), the QMA Consultancy Services as well as all pieces of
information, records and documents prepared by QMA Consultancy during the course of performance of the QMA Consultancy
Services. All suggestions, enhancement requests, feedback, recommendations or other inputs that you provide, relating to
the Services shall be owned by QMA Consultants.
Removing or altering the copyright notice on any material that appears in this website is strictly prohibited. Nothing
contained in this website should be construed as granting any license or other right to you without the express written
permission of QMA Consultancy Services except as provided herein.
Online QMA Consultancy Services grants limited, revocable, non-transferable and non-exclusive license limited solely
to viewing, accessing or downloading any content limited to availing the Online Services from us for personal or non-commercialpurposes only. All information contained in or accessed through this website is protected under copyright, trademark, design,
and patent laws and your usage is limited to the extent of browsing or availing Online Services by accessing our integrated
platform and no further.
Any act or attempt of using the software beyond your limited access including: (i) copy the Online platform, or any
portion thereof or develop a software and/or platform with similar features or configurations; (ii) decompile, disassemble
or reverse engineer the Online platform; or (iii) use the Online QMA platform or the Online QMA Services for purposes other
than those permitted herein, will be considered as a violation of the Terms of Services herein and QMA Consultancy Services
reserves its rights to take appropriate action against you for such acts or usage.
TERM & TERMINATION
These Terms of Service shall be valid with respect to individual Subscriber from the date of Subscription until expiry or
termination of the same. The term of Subscription may be extended for an additional period, upon payment of the applicable
Fee.
QMA Consultancy Services shall have the right to terminate the Subscription with immediate effect in the event the
Subscriber breaches one or more of the terms of these Terms of Service and fails to cure such breach within 15 (fifteen)
days of receipt of a written notice to that effect.
Upon expiry or earlier termination of the Subscription, for any reason, Subscriber shall (i) immediately cease to have
access to online QMA Consultancy Services; and (ii) pay all outstanding Fees and other amounts due.
Expiry or earlier termination of Subscription shall not prejudice any rights of QMA Consultancy Services or Subscriber
that may have accrued prior thereto. Any provision of these Terms of Service, which by its nature is meant to survive the
expiry or earlier termination of Subscription (including but not limited to, provisions pertaining to the protection of
confidential information) shall continue to be binding upon the Subscriber.
MISCELLANEOUS
CONFIDENTIALITY: Any proprietary or non-public information of QMA Consultancy Services, whether written, oral or visual,
disclosed to or which comes into the possession or knowledge of the Subscriber in connection with these Terms of Service,
shall be treated as confidential and not be disclosed to others, without prior written permission of QMA Consultancy
Services.
ELECTRONIC RECORD. This Terms of Service is an electronic record in terms of Information Technology Act, 2000 and rules
there under as applicable and amended from time to time. This electronic record is generated by a computer system and does
not require any physical or digital signatures. This Terms of Services 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 Agreement for access or usage of QMA Consultancy Services platform.
FORCE MAJEURE. QMA Consultancy Services shall be not liable for any failure or delay in providing its services under
these Terms of Service, if it is due to force majeure events that are beyond the reasonable control of a party, including
but not limited to the acts of god, uncontrollable technical glitches, ransom ware, cyber terrorism, internet disconnection
by governmental authority, cyber-attack, strikes, acts of terrorism, burglary, hijacking, robbery, epidemic, pandemic, riots,
political disturbances, invasion, fire, floods, tsunami or events beyond its reasonable control. The affected party shall
convey the complete details of any force majeure event to the other party as early as reasonably possible, which in any
case shall not be later than seven (7) days from its occurrence. Both parties will use reasonable efforts to mitigate the
effect of a force majeure event.
ASSIGNMENT. Usage of the website is for your limited personal purpose and is not transferable or assignable. However,
QMA Consultancy Services reserves its rights to assign or transfer or subcontract its obligations or rights to its
successors, affiliates, associates or any entity through contractual understanding or by operation of law or acquiring
all or substantially all the assets of QMA Consultancy Services.
INDEPENDENT CONTRACTOR. These Terms of Service are on a principal to principal basis and nothing herein contained shall
be construed or interpreted as constituting Subscriber hereto the agent, employee or representative of QMA Consultancy
Services, under any circumstance.
WAIVER. Either party’s failure to exercise any of its rights hereunder shall not constitute or be deemed a waiver or
forfeiture of any such rights unless given in writing.
ENTIRE AGREEMENT. These Terms of Service (including the documents, links and annexures referred to herein) constitute
the entire agreement between the parties, with respect to the subject matter hereof and supersede all prior proposals,
contemporaneous communications and understandings, written or oral, relating to its subject matter.
SEVERABILITY. If any terms contained in these Terms of Service are held to be invalid or unenforceable, the validity
of the remaining provisions shall not be affected and the remainder of Terms of Service shall continue to be valid and
binding on the parties.
GOVERNING LAW & JURISDICTION. The terms of Services shall be governed by and construed in accordance with the laws of
India and the courts at Chandigarh shall have exclusive jurisdiction to try any dispute arising hereunder.
