QiK Circle Terms & Conditions
QiK Circle (“QiK Circle, “We”, “Our”, The Company) provides its QiK Circle Asset & Resource Management Software and related services (“QiK Circle Software”) to You subject to these Terms and Conditions.
By accepting these Terms, or by accessing or using the QiK Circle Software, You represent and acknowledge that You have read, understood, and agree to be bound by these Terms, and that the information You provide in registering with the QiK Circle Software is accurate, complete, and is Yours or within Your right to use. If You are entering into these Terms on behalf of a company or another legal entity, You represent that You have the authority to bind such entity and its affiliates to these Terms, in which case the terms “You,” “Your” or related capitalized terms herein shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms, You must not accept these Terms and may not use the QiK Circle Software.
You acknowledge that these Terms constitute a contract between you and QiK Circle; even though it is electronic and is not physically signed by you and QiK Circle, and that these Terms govern your use of the QiK Circle Software and supersede any prior agreements between you and QiK Circle.
DESCRIPTION OF QiK CIRCLE SOFTWARE
The QiK Circle Software includes the QiK Circle Hotel Manager Module, The Auto Work Module, The Customer Device Module, The POS Manager, connectivity API’s, and the related support services provided to You, including all software, data, text, images, sounds, videos, and other content provided by QiK Circle. Any new features added to or augmenting the QiK Circle Software and related services are also subject to these Terms.
USE OF SOFTWARE
QiK Circle grants you the right to access and use the Software via the Website with the user roles according to your subscription type. This right is non-exclusive and non-transferable and limited by these Terms.
QiK Circle shall provide you with a username and password for the QiK Circle Software. You are responsible for entering a unique password in order to gain access to the software. You will ensure that all usernames and passwords required to access the Software are kept secure and confidential. You will immediately notify QiK Circle of any unauthorized use of your passwords or any other breach of security and QiK Circle will reset your password. You agree to accept responsibility for all activities and changes to data that occur under your user account(s) or password(s). QiK Circle will not be held accountable for changes made by either the users or the Booking Channels. As a condition of these Terms, when accessing and using the Software, you must:
- Not attempt to undermine the security or integrity of QiK Circle's computing systems or networks or, where the Software is hosted by a third party, that third party's computing systems and networks;
- Not use, or misuse, the Software in any way which may impair the functionality of the Software or Website, or impair the ability of any other user to use the Software or Website;
- Not attempt to gain unauthorized access to any materials other than those to which you have been given express permission to access or to the computer system on which the Software is hosted;
- Not transmit, or input into the Software, any: files that may damage any other person's computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which you do not have the right to use); and
- Not modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer the Software or the Website except as is strictly necessary to use either of them for normal operation.
INFORMATION and INTELLECTUAL PROPERTY RIGHTS
Title to, and all Intellectual Property Rights in, the Data remain your property. However, your access to the Data is contingent on full payment of the QiK Circle Access Fee. You must maintain copies of all Data inputted into the Software. QikCircle adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. QikCircle expressly excludes liability for any loss of Data no matter how caused.
DISCLAIMER OF WARRANTIES
QiK Circle gives no warrant about the Software. Company does not warrant or guarantee the availability, accuracy, or truthfulness of any information provided by or with respect to a hotelier or other provider of services accessed through the Services, including information leading to overbooking, and you agree to hold company from and against any such claims. We do not guarantee continuous, uninterrupted access to QiK Circle Software and related services, and operation of the QiK Circle Software and our website(s) may be interfered with by numerous factors outside of our control.
You warrant and represent that you are acquiring the right to access and use the Software and agreeing to these Terms for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Software, the website or these Terms. It is your sole responsibility to determine that the Software meets the needs of your business.
LIMITATIONS OF LIABILITY
In no event will Company or its Employees be liable for any lost profits, indirect, incidental, special, punitive or consequential damages, including damages arising out of this agreement or the use of or reliance upon the services or products, even if it has been advised of the possibility of such damages. The parties agree that this section shall survive and continue in force and effect despite any failure of consideration or of an exclusive remedy. If you are not satisfied with the Software, your sole and exclusive remedy is to terminate these Terms.
CANCELLATION and TERMINATION
You can choose not to continue using the QiK Circle software anytime. The company has no obligation of providing You the backup of your data and reserves the right to delete your account from the QiK Circle system.
The QiK Circle service is made available on a pay-as-you-go basis or pre-pay depending on the Your preference. The QiK Circle service is billed to You on a monthly basis and is non refundable, not withstanding any accounts which have been debited in error or for which appropriate notice (30 days) has been given in writing to cancel Your User Account.
In the event this Agreement is terminated (other than by reason of your breach), QiK Circle will make available to you a file of your Data within 30 days of termination if you so request at the time of termination. The Company reserves the right to withhold your Data without notice if termination of subscription is due to your non-payment. Upon termination for cause, your right to access or use the Data immediately ceases, and QiK Circle shall have no obligation to maintain or forward any Data to you.
Technical Support is available 24/7, 365 days by email, online chat, instant messengers and phone. In case of technical problems you must make all reasonable efforts to investigate and diagnose problems before contacting QiK Circle. If you still wish to seek technical help, an email must be sent to [email protected] or to any other email address notified by email to you by HMS. Notices to you will be sent to the email address, which you provided when setting up your access to the Software.
The above Terms and Conditions are governed by and interpreted under the laws of the Republic of India. Any disputes arising out of this agreement shall be subject to the jurisdiction of the courts located in the state of New Delhi, India.