Terms of Use

Last updated on May 23, 2024

These Terms of Service below are applicable to all Apps published by Qolaba India Private Limited and its affiliates (collectively "Qolaba" or "we", "us", or "our"); the Qolaba websites located at https://www.qolaba.ai all e-mail newsletters published or distributed by Qolaba; all other interactive features and communications provided by Qolaba, however accessed and/or used, that are operated by us, made available by us, or produced and maintained by Qolaba (collectively the "App") and all services provided by Qolaba through or in relation to the App (the "Services"). BY USING OUR APP, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THE APP AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS OF SERVICE FROM TIME TO TIME. YOUR CONTINUED USE OF OUR APP FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR TERMS OF USE WILL APPLY RETROACTIVELY. For certain of our Services, you may also be required to execute a subscription agreement.

This is a legal agreement between you ("you" or "user") and Qolaba that states the material terms and conditions that govern your use of the App. This agreement, together with all updates, supplements, additional terms, and all of Qolaba’s rules and policies collectively constitute this "Agreement" between you and Qolaba. BY ACCESSING THE APP, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE AND CONDITIONS OF USE STATED HEREIN, PLEASE DO NOT USE THE APP AND DELETE THE APP FROM YOUR DEVICE.

1. App and Website Access License.

Qolaba grants you a limited, revocable, non-exclusive, non-transferable license to access and make use of the App or its content. This license does not include any resale or commercial use of the App or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the App or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The App and/or any portion of the App may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without Qolaba’s express written consent. You will not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the App or any activities conducted as part of the App; or (iii) bypass any measures we may use to prevent or restrict access to the App. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.

2. Copyright and Ownership

All of the content featured or displayed on the App, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations ("Content"), is owned by Qolaba, its licensors, vendors, agents and/or its Content providers. All elements of the App, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The App may only be used for the intended purpose for which such App is being made available. Except as permitted by copyright law, You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the App. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the App. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the App. The App, its Content and all related rights shall remain the exclusive property of Qolaba or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the App.

3. Trademarks/No Endorsement.

All trademarks, service marks and trade names of Qolaba used herein (including but not limited to: Qolaba name, Qolaba corporate logo, the App name, the App design, and any logos) (collectively ("Marks") are trademarks or registered trademarks of Qolaba or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Qolaba trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the App, without Qolaba's prior written consent. You shall not use Qolaba’s name or any language, pictures or symbols which could, in Qolaba’s judgment, imply Qolaba’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.

4. Account Registration and Security.

You understand that you may need to create an account to have access to all of the parts of the App. In order to use those restricted portions of the App, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the App's registration or subscription page (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Qolaba has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Qolaba has the right to suspend or terminate your account and refuse any and all current or future use of the App (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to the App using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the App. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information.

5. Solicited Submission Policy

Where Qolaba has specifically invited or requested submissions or comments, Qolaba encourages users to submit content (e.g. comments to blog posts, participation in communities, tips, etc.) to Qolaba that they have created for consideration in connection with the App ("User Submissions"). User Submissions remains the intellectual property of the individual user. By posting content on the App, you expressly grant Qolaba a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User Submissions are deemed non-confidential and Qolaba shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.

6. Inappropriate User Submissions.

Qolaba does not encourage, and does not seek User Submissions that result from any activity that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; or (iii) may constitute a crime or tort. You agree that you have not and will not engage in any of the foregoing activities in connection with producing your submission. Without limiting the foregoing, you agree that in conjunction with your submission, you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, will not impersonate any other person or misrepresent your affiliation, title, or authority, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. Qolaba will reject any submissions in which Qolaba believes, in its sole discretion, that any such activities have occurred. If notified by a user of a submission that allegedly violates any provision of these Terms of Use, Qolaba reserves the right to determine, in its sole discretion, if such a violation has occurred, and to remove any such submission from the App at any time and without notice.

7. Inappropriate Material

You are prohibited from using the App or the Services to post or send any unlawful, infringing, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that infringes or misappropriates third party intellectual property or could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. You further understand and agree that sending unsolicited advertisements or "spam" to any user of the Services is expressly prohibited by this Agreement. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions or any applicable rules or policies linked to in this Agreement, we may take any action we deem necessary to cure or prevent the violation, including without limitation, banning you from participating in our Services and/or the immediate removal of the related materials from the Services at any time without notice. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

8. User Published Content

User published Content and User Submissions do not represent the views of Qolaba or any individual associated with Qolaba, and we do not control this Content. In no event shall you represent or suggest, directly or indirectly, Qolaba’s endorsement of user published Content. Qolaba does not vouch for the accuracy or credibility of any user published Content on our App or User Submissions published through our Services, and do not take any responsibility or assume any liability for any actions you may take as a result of reviewing any such user published Content or User Submission. Through your use of the App and Services, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our App and Services, you assume all associated risks.

9. Contests, Sweepstakes and Games.

From time to time Qolaba may offer contests, sweepstakes and games. Additional terms and conditions will apply to your participation in each contest, sweepstakes or game.

10. Advertising Rights

Qolaba reserves the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with your creative submission, and Qolaba and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these additional terms obligates or may be deemed to obligate Qolaba to sell, license or offer to sell or license any advertising, promotion or distribution rights.

11. Third Party Links

From time to time, the App may contain links to web sites that are not owned, operated or controlled by Qolaba or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the App. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from the App, you do so entirely at your own risk.

12. Transactional Partners

In some cases we partner with another company to co-promote their services within our App. In these cases, you are transacting directly with the other party. On those pages, the transactional partners’ brand is clearly visible. When using these partner’s services, you are bound by such partner’s terms of service. We recommend you read their terms of service carefully.

13. Products, Content and Specifications

Details of the products and services available for purchase are set out on the App. All features, content, specifications, products and prices of products and services described or depicted on the App are subject to change at any time without notice.

14. Accuracy of Information

We attempt to ensure that information on the App is complete, accurate and current. Despite our efforts, the information on the App may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the App. For example, products included on the App may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the App. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

15. Purchases and Cancellations

For all charges or deposits for any events, products and services sold on or through the App, Qolaba or its vendors or agents will bill your bank card or alternative payment method offered by Qolaba. When you provide bank card information, account numbers or other information necessary to facilitate payment to us or our vendors, you represent to us that you are the authorized user of the bank card or account of alternative payment method that is used to pay for the products and services. In the event legal action is necessary to collect on balances due, you agree to reimburse Qolaba and its vendors or agents for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the App. You understand that we will hold and store such bank card or payment information to facilitate payment and deposit, damage reimbursement, and other liability purposes. You may purchase products and services provided by Qolaba through subscription with recurring payments. We kindly remind you that all purchases are non-refundable. The subscription period is subject to the period you choose and make the corresponding payments successfully in the subscription plan. If you apply the automatic renewal subscription, after each billing period expires, we will collect payment by automatically charging the payment method on file, and the service period will be extended for you automatically. If the automatic payment deduction fails, it is deemed that the service has expired and the service will be stopped automatically. If you need to update subscription, please update on the Billing page or contact us through Qolaba-support@Qolaba.com. We may modify or change the charging standards and methods of our products and services according to the actual needs. We will notify or announce on the corresponding page before the aforesaid modifications and changes. If you do not agree with the above modifications and changes, you should stop using the service when your current subscription expires. We may also start charging for some membership services free for a limited time. Please notice the services marked with labels like “Limited time free”. We will notify or announce on the corresponding page before we charge for these services.

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