Terms & Conditions

1. GENERAL

• 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 Terms of Use for access or usage of the Website "http://www.quarterpos.com" and "http://www.quarterpos.in" (hereinafter referred to as the "Website" or "App") which is owned and operated by Quarter Solutions Private Limited (hereinafter referred to as the "Company"), having its registered office at HNo. 553/1. Sr. No. 400/1-A, Kachigam, Kachigam Char Rasta.
• Where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.
• For the purpose of these Terms of Use ("Terms"), wherever the context so requires,
  • The term "You" and "User", shall mean any legal person or entity accessing or using the services provided on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872.
  • The terms "We", "Us", "Our", "Quarter" shall mean the Website or the Company, as the context so requires.
  • The term "Services" shall mean the services provided by quarter through and not limited to the medium of website, mobile apps, desktop apps. The quarter service includes collecting data from the users and providing users with a sales and related software for retail and restaurant businesses.
  • The terms "Party" &"Parties" shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
• The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
• The use of Quarter by the User is solely governed by these Terms as well as the Privacy Policy and any modifications or amendments made thereto by Quarter, from time to time, at its sole discretion. If You continue to access and use Quarter, You are agreeing to comply with and be bound by the following terms and conditions of use and Our Privacy Policy. The User expressly agrees and acknowledges that these Terms and Policy is co-terminus, and that expiry/termination of either one will lead to the termination of the other.
• The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and Quarter the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by Quarter, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User"s act of visiting the any part of Quarter constitutes the User"s full and final acceptance of these Terms and the aforementioned Policy.
• Quarter reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User complies with these Terms, it is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to access and use Quarter. If the User does not adhere to the changes, You must stop using Quarter at once. Your continuous use of Quarter will signify your acceptance of the changed terms.

2. REGISTRATION

• To fully avail the use of quarter services, a one-time user registration is required. The access to the service will be granted after providing information which may include and is not limited to your name, your business name and other personal information. The information collected is used to provide you with important informational services and also to help us serve you better.
• Registration for Quarter is available only to those above the age of 18 years, barring those “Incompetent to Contract” which inter alia include insolvents. If You are a minor and wish to use the Website, You may do so through Your legal guardian and Quarter reserves the right to terminate Your account on knowledge of You being a minor and having registered on the Website or availing any of its Services.
• Further, at any time during Your use of Quarter services, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your Username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account.

3. SERVICE OVERVIEW

• Quarter is a subscription based service and to subscribe to the Service, the users would be charged monthly. The Service provided by Quarter shall include that the Users shall add, modify, provide inputs on details related to their business sales. Details related to business sale may include but not limited to user product information, user customer information. Quarter shall access to the users with the details provided by the User. For Quarter to provide the Users with purposeful sales tool, the Users shall provide the sales information which shall not be limited to Users customer name, Users customer payment method, Users customer product purchase information, Users customer invoice information is generated and collected by.

4. ELIGIBILITY

• The User represents and warrants that they are competent and eligible to enter into legally binding agreements and that they have the requisite authority to bind themselves to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use the App if they are not competent to contract under the Indian Contract Act, 1872, or are disqualified from doing so by any other applicable law, rule or regulation currently in force.

5. CONTENT

• All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork, loyalty products, promotions, advertisements and other materials or information (collectively, "Content"). We guarantee the quality, accuracy, integrity and genuineness of such Content.
• Quarter shall be responsible for the integrity, authenticity, quality and genuineness of the services displayed on the Website and sold to the Users, and shall endeavor to take all complaints and feedback of Users via the Website, and take appropriate reparative action, if possible, to negative feedback.
• The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the content on Quarter. Users shall not copy, adapt, and modify any content without written permission of Quarter.

6. TERM

• These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until the User continues to access and use Quarter.
• A User may terminate their use of Quarter services at any time. Quarter may terminate these Terms and close a User account at any time without notice and/or suspend or terminate a User"s access to the Website at any time and for any reason, in its sole discretion. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
• It is also hereby declared that Quarter may discontinue the services without any prior notice.

7. TERMINATION

• Quarter reserves the right, in its sole discretion, to unilaterally terminate the User"s access to the Services, or any portion thereof, at any time, without notice or cause. Quarter also reserves the universal right to deny access to particular Users, to any/all of its Services without any prior notice/explanation in order to protect the interests of the Website/App and/or other visitors to the Website/App. Quarter reserves the right to limit, deny or create different access to the Services and its features with respect to different User(s), or to change any of the features or introduce new features without prior notice. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.

8. COMMUNICATION

• By using Quarter and providing his/her contact information to the Company through the Website, the User hereby agrees and consents to receiving calls, autodialled and/or pre-recorded message calls, emails, and SMSs from the Company and/or any of its affiliates or partners at any time, subject to the Policy. In the event that the User wishes to stop receiving any such marketing, special offers or promotional calls/email messages/text messages, the User may unsubscribe via email at info@quarterpos.com. The User agrees and acknowledges that it may take up to fifteen (15) business days for Quarter to give effect to such a request by the User.
• The User expressly agrees that notwithstanding anything contained herein above, it may be contacted by Quarter or any of its affiliates/partners relating to any service availed of by the User on Quarter or anything pursuant thereto and the User agrees to indemnify Quarter from any and all harassment claims. It is expressly agreed to by the Parties that any information shared by the User with Quarter shall be governed by the Policy.

9. MEMBERSHIP & CHARGES

• Quarter is a paid service; however, the registration of the website is free and the user will be eligible to access the basic features/services of Quarter for a free trial period of 90 days. The free trial period is provided to the Users to have a better understanding of the services provided by Quarter. After the end of trial period the User can either opt to cancel or continue the services. On continuing the service the User will be charged a monthly subscription fee.
• Charges: The monthly subscription charges payments will be collected through our payment gateway partner. The User can pay for the subscription through a debit or credit card or other payment methods provide by the payment gateway partner. We may also update your Payment Methods using information provided by the payment service providers.
  
  The monthly subscription charges will be periodically collected. The charges will be automatically deducted from the Users bank account, before the beginning of the service month. The monthly billing date charges will be randomly selected. The monthly billing date can either be 25th or 5th of every month. The charges will be deducted from the Users account periodically every month until the User cancels the use Service.
• Cancellation and Refund: The User can choose to cancel the Services before the end of their billing date. Upon cancellation before the end of billing cycle, the User can continue using the services till the end of the billing cycle date. To cancel from Quarter Services the User can go to his list of businesses section and delete the business and the subscription. All the payments made on quarter are non-refundable.
• Payment Failure: In terms of failure to collect payments due to any reasons from the User, Quarter reserves the rights to cancel or terminate the Services for the User.
• Other: Quarter reserves the right to change our subscription fee upon an advance notice period of fifteen (15) days. For any further assistance email us at info@quarterpos.com

10. USER OBLIGATIONS

The User agrees and acknowledges that he/she is a restricted User of Quarter, and that he/she:

• Agrees to provide genuine credentials during the process of registration on Quarter. You shall not use a fictitious identity to register. We are not liable if the User has provided incorrect information. Agrees to ensure the email address, address and mobile number provided during account Registration are valid at all times and shall keep your information accurate and up-to-date. The User can update their details anytime.
• Agrees that You are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
• Understands and acknowledges that the data collected from the User is backed up on our servers. We may store the backup in multiple serves allocated by us. We store data in multiple backup to offer uninterrupted service to the User. The User also acknowledges that the data collected and stored into the database are for the purpose of easy and ready reference.
• Authorizes Quarter to use, store or otherwise process Your personal information and information for marketing and promotions of Quarter.
• Understands and agrees that, to the fullest extent permissible by law, Quarter and their successors and assigns, or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from use of the Website/App or from this terms of use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.
• Is bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information obtained from Quarter. Any such use/limited use of Quarter will only be allowed with the prior express written permission of the Company. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information contained on Quarter is expressly prohibited.
• Agrees not to access (or attempt to access) Quarter and/or the materials or services by any means other than through the interface provided by Quarter. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of Quarter or its content, or in any way reproduce or circumvent the navigational structure or presentation of Quarter, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through Quarter will lead to suspension or termination of the User"s access to the Website, as detailed in Section 11 herein below. The User acknowledges and agrees that by accessing or using Quarter or any of the Services provided therein, it may be exposed to content that it may consider offensive, indecent or otherwise objectionable. The Company disclaims any and all liabilities arising in relation to such offensive content on Quarter.
• Quarter permits the User to post, or upload data/information as user submissions, and the User undertakes to ensure that such material is not offensive or objectionable, and is in accordance with applicable laws. The User expressly agrees that any such material that is deemed to be objectionable/offensive may be removed from Quarter immediately and without notice, and further that the User"s access to Quarter may also be permanently revoked, at the sole discretion of the Company. The User further undertakes not to:
  • Threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;
  • Engage in any activity that interferes with or disrupts access to Quarter or the services provided therein (or the servers and networks which are connected to Quarter);
  • Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
  • Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever under any law, rule or regulation currently in force; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
  • Post or share any image/file/data with the Company that infringes the copyright, patent or trademark of another person or legal entity;
  • Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website;
  • Probe, scan or test the vulnerability of Quarter or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, Quarter, or any other User of Quarter, including any User account maintained on Quarter not operated/managed by the User, or exploit the Website or information made available or offered by or through Quarter, in any manner;
  • Disrupt or interfere with the security of, or otherwise cause harm to, Quarter, systems resources, accounts, passwords, servers or networks connected to or accessible through Quarter or any affiliated or linked platforms;
  • Collect or store data about other Users of Quarter.
  • Use Quarter or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or any other third party (ies);
  • Violate any code of conduct or guideline which may be applicable for or to any particular service offered on Quarter
  • Violate any applicable laws, rules or regulations currently in force within or outside India;
  • Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of Quarter contained herein or elsewhere, whether made by amendment, modification, or otherwise;
  • Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public Order, or cause incitement to the commission of any cognizable offence, or prevent the investigation of any offence, or insult any other nation.
  • Publish, post, or disseminate information that is false, inaccurate or misleading;
  • Directly or indirectly offer, attempt to offer, trade, or attempt to trade, any item the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
  • Commit any act that causes Quarter to lose (in whole or in part) the services of its Internet Establishment ("ISP") or in any manner disrupts the services of any other supplier/service provider of the Company/Website,
• The User hereby expressly authorizes the Quarter to disclose any and all information relating to the User in the possession of Quarter to law enforcement or other government officials, as Quarter may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. The User further understands that Quarter might be directed to disclose any information (including the identity of persons providing information or materials on Quarter) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.

11. SUSPENSION OF USER ACCESS AND ACTIVITY

• Notwithstanding other legal remedies that may be available to it, Quarter may in its sole discretion limit the User"s access and/or activity by immediately removing the User"s access credentials either temporarily or indefinitely, or suspend/terminate the User"s association with Quarter, and/or refuse to usage of Quarter to the User, without being required to provide the User with notice or cause:
  • If the User is in breach any of these Terms or the Policy;
  • If the User has provided wrong, inaccurate, incomplete or incorrect information
  • If the User"s actions may cause any harm, damage or loss to the other Users or to the Quarter, at the sole discretion of the Company.

12. INDEMNITY

• You agree to indemnify, defend and hold harmless Quarter, its independent service providers, third party Suppliers, and consultants, and their respective directors, officers, employees and agents (collectively, "Parties"), from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these terms of use. further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with:
  • Your use of our Services,
  • Any Discussions or Messages you provide;
  • Your violation of these Terms and Conditions;
  • Your violation of any rights of another;
  • Your conduct in connection with Quarter;
  • Your internal disputes amongst other Users; or
• You agree to fully cooperate in indemnifying Us at Your expense. You also agree not to reach a settlement with any party without Our consent.
• In no event shall Quarter be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User"s use of or access to Quarter and/or the services or materials contained therein.

13. LIMITATION OF LIABILITY

• The Founder/ Associated people of Quarter are not responsible for any consequences arising out of the following events:
  • If Quarter is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure.
  • if the User has fed incorrect figures or data or for any deletion of data
  • if there is undue delay or inability to communicate through email
  • if there is a failure in the functioning of any other service provided by Quarter.
• Quarter accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User"s belongings, or any third party, resulting from the use or misuse of Quarter or service availed of by the User through Quarter. The service and any content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. Quarter will not be liable to you for the unavailability or failure of Quarter services.
• Users may be held legally responsible for damages suffered by other Users, Quarter or any third party as a result of legally actionable or defamatory comments, remarks, or other information or content posted to Quarter.
• Users are to comply with all laws applicable to them or to their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.
• Quarter expressly excludes any liability for any loss or damage that was not reasonably foreseeable by Quarter services and which is incurred by you in connection with Quarter services, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.
• To the fullest extent permitted by law, Quarter shall not be liable to You or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of Quarter services.

14. INTELLECTUAL PROPERTY RIGHTS

• Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Quarter"s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by Quarter and other distinctive brand features of Quarter are the property of the Company. Furthermore, with respect to the App and the Website created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to Quarter.
• The User may not use any of the intellectual property displayed on Quarter in any manner that is likely to cause confusion among existing or prospective Users of Quarter, or that in any manner disparages or discredits the Company, to be determined in the sole discretion of the Company.
• The User is further aware that any reproduction or infringement of the intellectual property of the Company by the User will result in legal action being initiated against the User by the Company. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

15. DISCLAIMER OF WARRANTIES AND LIABILITIES

• The User agrees and undertakes that they are accessing Quarter and transacting at his/her sole risk and are that it is using his/her best and prudent judgment before availing any service listed on Quarter
• The User agrees that any kind of information, resources, recommendations obtained/availed from Quarter relating to the Services, whether written or oral, will not create any warranty and the Website disclaims all liabilities resulting from these.
• Quarter does not guarantee that the functioning of the Company/Website will be uninterrupted or error-free, or that the Company/Website or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User"s use of Quarter services.
• Quarter may avail services from third party entities to serve you better and these services will be provided on “as is” basis and the Company/Website/App disclaims any liabilities resulting from these third party services. The Company/Website/App will not be responsible for any internet delays and damages caused by such problems.
• It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

16. FORCE MAJEURE

• Neither Quarter nor the Website/App shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

17. DISPUTE RESOLUTION AND JURISDICTION

• It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising there from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
  • Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed herein below;
  • Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Proprietorship, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Daman.
• The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India.

18. NOTICES

• Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Proprietorship by the User writing an email to info@quarterpos.com

19. MISCELLANEOUS PROVISIONS

• Entire Agreement: These Terms, read with the Policy form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto.
• Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
• Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or enforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
• Contact Us: If you have any questions about this Agreement, the practices of the App, or your experience with the Service, you can email us at info@quarterpos.com