1. DEFINITIONS
1.1. “Personal Information/Data”
shall mean and include such personal and financial information of the Customer
relating to his/her data /or documents, in any medium including financial
information such as bank account or credit card or debit card or other payment
instrument details, identification document details including passport, PAN
card details, driving license, etc.
1.2. “Service(s)” shall mean the
either or all of the services offered by Qukser from time to time, which
services may have add on components or features.
1.3. “Service Terms” shall mean
the terms and conditions separately provided with the Terms herein which shall
be specifically applicable in relation to each Service(s).
1.4. “Service Partner” means any
third party service provider affiliated with Qukser.
1.5. “Total Fee” shall mean the sum of the Service Fee and the Visiting Fee, as applicable. The Total Fee is exclusive of
applicable taxes and levies.
2. CUSTOMER CONSENTS AND CONFIRMATIONS
1.1.
Further, the Customer has and hereby consents to the use of the Personal
Information by Qukser for the purposes of providing the various services under
the Service(s) offered by Qukser. Qukser respects the privacy of the Customer
and the confidentiality of Customer’s Personal Information so collected by Qukser
by itself or on its behalf and shall take all reasonable steps to protect it
and maintain its confidentiality.
1.2.
The Customer also hereby consents to the Personal Information being
disclosed by Qukser to any third party including any insurer, Service Partner
of Qukser who will be either providing the add-on insurance or other benefit
and/or services on each of the Service(s) for the purposes of fulfillment of
the services or if required by law.
1.3.
The Customer expressly and without limitation, consents to Qukser or its
service partners recording phone calls between the Customer and Qukser on the
helpline numbers set out in the relevant Service Terms in order for Qukser to
inter alia (i) provide a record of the instructions received from the Customer
and to share the same with the Service Partners, if required, (ii) allow itself
or its service partners to monitor quality standards, (iii) training purposes,
and (iv) meet legal and regulatory requirements.
1.4.
The Customer hereby provides his/her consent to Qukser for appointing
agents to collect amounts payable to Qukser, as may be considered necessary in
the sole discretion of Qukser and which shall be at the sole risk and cost of
the Customer.
1.5.
The Customer acknowledges that Qukser may engage third parties including
Service Partners for the fulfillment of the services and the Customer hereby
consents to Qukser disclosing, to the extent relevant, the Customer’s Personal
Information and/or details of Service(s) availed by the Customer to inter alia
(a) our affiliates Service Partners (b) to our suppliers, vendors, for the
purposes of servicing the Customer.
1.6.
The Customer hereby consents to Qukser identifying any service providers
and/or products that may be of some interest to the Customer.
3.
Cancellation and Rescheduling policy
3.1. CANCELLATIONS
3.1.1.On cancellation of the opted services cancellation fees will be
applicable.
3.2. RESCHEDULING
3.2.1.Customer is allowed to reschedule the services for maximum 3 times.
3.2.2.If the customer reschedules the service for more than three times then
rescheduling charges will be applicable.
4. TERMINATION
4.1. Qukser will cancel the Terms
and/or the Service Terms if the Customer has at any time:
4.1.1. agreed to help any third party to try to
fraudulently or dishonestly obtain money from Qukser or the Insurer; or
4.1.2. is in violation of applicable law as may be
relevant to the use of the Service(s); or
4.1.3. Customer fails to return to Qukser or its
authorized Service Partner(s)any goods/devices temporarily lent to him/her or
money advanced on an emergency basis to him/her or tickets or hotel bookings
made on behalf of the Customer and which are to be returned/reimbursed/paid as
per the terms of the Service to Qukser or to its uthorized Service Partner.
5. OBLIGATIONS AND COVENANTS OF THE CUSTOMER
5.1. If the Customer receives a benefit as
contemplated under any specific Service Terms and it is later discovered that
the claim was dishonest, fraudulent or false, Qukser will take steps to recover
from the Customer, such payment(s) made to the Customer by a third party.
6. LIMITATION OF LIABILITY
6.1. Qukser shall not be liable for any incidental,
consequential, exemplary, special or indirect damages (including, but not
limited to, loss of profits, revenues, data and/or use). Qukser disclaims all
implied warranties of merchantability, fitness for a particular purpose, and
noninfringement. Qukser’s total liability under the Terms and/or the relevant Service
Terms shall not exceed the Total Fee.
7. INDEMNITY
7.1. The Customer hereby agrees to defend,
indemnify and hold Qukser and its officers, directors, employees and subcontractors
harmless from any and all losses, damages, liabilities, verdicts, settlements,
judgments, costs, and expenses (including reasonable attorneys' fees) incurred
by Qukser or its officers or employees arising out of:
a)
any wrongful act or omission of the Customer in relation to the usage of
the Service(s);
b)
any willful misconduct, gross negligence or fraud by the Customer;
c)
any failure of the Customer to comply with the applicable law;
d)
any breach of the representations, warranties, obligations and covenants of
the Customer or a default of the Customer’s obligations; and
e)
any third party claims arising out of the Customer’s use of the Service(s).
7.2. This indemnity will survive
the termination of the services.
8. MISCELLLANEOUS
8.1. The Terms will inure to the benefit of the
legal successors of Qukser. Other than as stated above, no assignment of the
Terms is possible.
9. DAMAGES/LOSSES BY
THIRD PARTY
9.1. Qukser will not incur any
liability to the other party on account of any loss or damage resulting from
any delay or failure to perform all or any part of these Terms if such delay or
failure is caused, in whole or in part, by events, occurrences, or causes
beyond the control and without negligence of the parties. Such events,
occurrences, or causes will include, without limitation, acts of God, bandhs,
riots, acts of war, natural disaster, fire and explosions, or any other events
reasonably beyond the control of either party.
9.2. The Agreement shall be
governed by the laws of the Republic of India.
9.3. All disputes arising in
connection with the Terms and/or the respective Service Term(s) shall be
finally settled by arbitration pursuant to the rules of the Arbitration and
Conciliation Act, 1995, by one arbitrator appointed in accordance with the said
Rules. The seat of arbitration shall be Mumbai. The language of the arbitration
proceedings shall be English. The decision of the arbitrator shall be final and
binding on the parties.
9.4. If you have any suggestions, feedback,
complain regarding our service feel free contact
10. CONFIDENTIALITY
10.1. Qukser shall make reasonable efforts to ensure
that the Personal Information of the Customer is kept confidential and not
disclosed to any third party except to the extent required for fulfillment of
services.
11. Changes in policy
11.1. The terms and conditions as specified are in
effect from [Date_of_launch] and will remain in effect with respect to any
changes in its provisions in the future, which will be in effect immediately
after being updated in this page.
11.2. We reserve the right to make changes to our
policy at anytime without prior notice at anytime , once informed about change
in policy it is the duty of the Customer to periodically check this page for
updates.
11.3. Continued use of services after any modifications
to policy will constitute as acknowledgment and agreement of the modifications
and your consent to abide and be bound to modified Terms and Conditions.
11.4. If any changes are made the Customer will be
notified through their registered email or through a prior notice on the
website.
1.1. “Personal Information/Data”
shall mean and include such personal and financial information of the Customer
relating to his/her data /or documents, in any medium including financial
information such as bank account or credit card or debit card or other payment
instrument details, identification document details including passport, PAN
card details, driving license, etc.
1.2. “Service(s)” shall mean the
either or all of the services offered by Qukser from time to time, which
services may have add on components or features.
1.3. “Service Terms” shall mean
the terms and conditions separately provided with the Terms herein which shall
be specifically applicable in relation to each Service(s).
1.4. “Service Partner” means any
third party service provider affiliated with Qukser.
1.5. “Total Fee” shall mean the sum of the Service Fee and the Visiting Fee, as applicable. The Total Fee is exclusive of
applicable taxes and levies.
2. CUSTOMER CONSENTS AND CONFIRMATIONS
1.1.
Further, the Customer has and hereby consents to the use of the Personal
Information by Qukser for the purposes of providing the various services under
the Service(s) offered by Qukser. Qukser respects the privacy of the Customer
and the confidentiality of Customer’s Personal Information so collected by Qukser
by itself or on its behalf and shall take all reasonable steps to protect it
and maintain its confidentiality.
1.2. The Customer also hereby consents to the Personal Information being disclosed by Qukser to any third party including any insurer, Service Partner of Qukser who will be either providing the add-on insurance or other benefit and/or services on each of the Service(s) for the purposes of fulfillment of the services or if required by law.
1.3. The Customer expressly and without limitation, consents to Qukser or its service partners recording phone calls between the Customer and Qukser on the helpline numbers set out in the relevant Service Terms in order for Qukser to inter alia (i) provide a record of the instructions received from the Customer and to share the same with the Service Partners, if required, (ii) allow itself or its service partners to monitor quality standards, (iii) training purposes, and (iv) meet legal and regulatory requirements.
1.4.
The Customer hereby provides his/her consent to Qukser for appointing
agents to collect amounts payable to Qukser, as may be considered necessary in
the sole discretion of Qukser and which shall be at the sole risk and cost of
the Customer.
1.5.
The Customer acknowledges that Qukser may engage third parties including
Service Partners for the fulfillment of the services and the Customer hereby
consents to Qukser disclosing, to the extent relevant, the Customer’s Personal
Information and/or details of Service(s) availed by the Customer to inter alia
(a) our affiliates Service Partners (b) to our suppliers, vendors, for the
purposes of servicing the Customer.
1.6.
The Customer hereby consents to Qukser identifying any service providers
and/or products that may be of some interest to the Customer.
3.
Cancellation and Rescheduling policy
3.1. CANCELLATIONS
3.1.1.On cancellation of the opted services cancellation fees will be
applicable.
3.2. RESCHEDULING
3.2.1.Customer is allowed to reschedule the services for maximum 3 times.
3.2.2.If the customer reschedules the service for more than three times then
rescheduling charges will be applicable.
4. TERMINATION
4.1. Qukser will cancel the Terms
and/or the Service Terms if the Customer has at any time:
4.1.1. agreed to help any third party to try to
fraudulently or dishonestly obtain money from Qukser or the Insurer; or
4.1.2. is in violation of applicable law as may be
relevant to the use of the Service(s); or
4.1.3. Customer fails to return to Qukser or its
authorized Service Partner(s)any goods/devices temporarily lent to him/her or
money advanced on an emergency basis to him/her or tickets or hotel bookings
made on behalf of the Customer and which are to be returned/reimbursed/paid as
per the terms of the Service to Qukser or to its uthorized Service Partner.
5. OBLIGATIONS AND COVENANTS OF THE CUSTOMER
5.1. If the Customer receives a benefit as
contemplated under any specific Service Terms and it is later discovered that
the claim was dishonest, fraudulent or false, Qukser will take steps to recover
from the Customer, such payment(s) made to the Customer by a third party.
6. LIMITATION OF LIABILITY
6.1. Qukser shall not be liable for any incidental,
consequential, exemplary, special or indirect damages (including, but not
limited to, loss of profits, revenues, data and/or use). Qukser disclaims all
implied warranties of merchantability, fitness for a particular purpose, and
noninfringement. Qukser’s total liability under the Terms and/or the relevant Service
Terms shall not exceed the Total Fee.
7. INDEMNITY
7.1. The Customer hereby agrees to defend,
indemnify and hold Qukser and its officers, directors, employees and subcontractors
harmless from any and all losses, damages, liabilities, verdicts, settlements,
judgments, costs, and expenses (including reasonable attorneys' fees) incurred
by Qukser or its officers or employees arising out of:
a)
any wrongful act or omission of the Customer in relation to the usage of
the Service(s);
b)
any willful misconduct, gross negligence or fraud by the Customer;
c)
any failure of the Customer to comply with the applicable law;
d)
any breach of the representations, warranties, obligations and covenants of
the Customer or a default of the Customer’s obligations; and
e)
any third party claims arising out of the Customer’s use of the Service(s).
7.2. This indemnity will survive
the termination of the services.
8. MISCELLLANEOUS
8.1. The Terms will inure to the benefit of the
legal successors of Qukser. Other than as stated above, no assignment of the
Terms is possible.
9. DAMAGES/LOSSES BY
THIRD PARTY
9.1. Qukser will not incur any
liability to the other party on account of any loss or damage resulting from
any delay or failure to perform all or any part of these Terms if such delay or
failure is caused, in whole or in part, by events, occurrences, or causes
beyond the control and without negligence of the parties. Such events,
occurrences, or causes will include, without limitation, acts of God, bandhs,
riots, acts of war, natural disaster, fire and explosions, or any other events
reasonably beyond the control of either party.
9.2. The Agreement shall be
governed by the laws of the Republic of India.
9.3. All disputes arising in
connection with the Terms and/or the respective Service Term(s) shall be
finally settled by arbitration pursuant to the rules of the Arbitration and
Conciliation Act, 1995, by one arbitrator appointed in accordance with the said
Rules. The seat of arbitration shall be Mumbai. The language of the arbitration
proceedings shall be English. The decision of the arbitrator shall be final and
binding on the parties.
9.4. If you have any suggestions, feedback,
complain regarding our service feel free contact
10. CONFIDENTIALITY
10.1. Qukser shall make reasonable efforts to ensure
that the Personal Information of the Customer is kept confidential and not
disclosed to any third party except to the extent required for fulfillment of
services.
11. Changes in policy
11.1. The terms and conditions as specified are in
effect from [Date_of_launch] and will remain in effect with respect to any
changes in its provisions in the future, which will be in effect immediately
after being updated in this page.
11.2. We reserve the right to make changes to our
policy at anytime without prior notice at anytime , once informed about change
in policy it is the duty of the Customer to periodically check this page for
updates.
11.3. Continued use of services after any modifications
to policy will constitute as acknowledgment and agreement of the modifications
and your consent to abide and be bound to modified Terms and Conditions.
11.4. If any changes are made the Customer will be
notified through their registered email or through a prior notice on the
website.