Terms of Use

Last Updated: September 24, 2023

Thank you for visiting the website of Codequirk Software Solutions , “Codequirk” “we,” “us” or “our.” These Website Terms of Use, “Terms” govern your use of the website located at www.codequirk.com and any other website, mobiles apps, or online services where these Terms are posted (the “Site”).

YOUR AFFIRMATIVE ACT OF USING AND/OR REGISTERING WITH THE SITE SIGNIFIES THAT YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE AND/OR REGISTER WITH THESE SITE.

Please note the arbitration provision set forth below, requiring you to arbitrate any claims you may have related to your use of the Site on an individual basis.

ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

1. Permitted Use

You may use the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the "Content") solely for your non-commercial, personal purposes and/or to learn about Codequirk products and services, and solely in compliance with these Terms.

2. Prohibited Use

You agree not to use the Site for any purpose that is unlawful or that is designed or intended to interrupt, destroy or limit the functionality of the Site. You further agree not to use the Site in any manner that:

  • a. copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Site or any portion thereof;
  • b. is intended to obtain unauthorized access to the Site, any portion thereof, or any server(s) or devices on which the Site or any related data or information is stored;
  • c. infringes any copyright, trademark, trade secret, patent or other right of any party, or defames or invades the publicity rights or the privacy of any person (or impersonates any such person);
  • d. consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” or any other form of solicitation;
  • e. causes us to lose (in whole or part) the services of our internet service providers or other suppliers;
  • f. links to materials or other content, directly or indirectly, to which you do not have a right to link;
  • g. is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by Codequirk in its sole discretion; or,
  • h. violates, or encourages anyone to violate the Terms, any ancillary terms and conditions listed on the Site, or the Privacy Policy located at www.codequirk.com/privacy-policy
3. Copyright Ownership

The Site is based upon proprietary Codequirk technology and includes the Content. The Site is protected by applicable intellectual property and other laws, including trademark and copyright laws. The Site, including all intellectual property rights in the Site, belongs to and is the property of Codequirk or its licensors (if any). Codequirk owns and retains all copyrights in the Content. Except as specifically permitted on the Site as to certain Content, the Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Site, in whole or in part, by any means. Codequirk, the Codequirk logos, and other marks used by Codequirk from time to time are trademarks and the property of Codequirk. Codequirk may use and incorporate into the Site or the Codequirk Service any suggestions or other feedback you provide, without payment or condition.

4. Trademark Rights

The trademarks, service marks, and logos of Codequirk belong exclusively to Codequirk (“Codequirk Marks”). The Codequirk Marks are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. All other trademarks, service marks, and logos are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited and nothing stated or implied on the Site confers on you any license or right under the Codequirk Marks or the trademarks of any third party.

5. Accuracy of Information

You agree, as applicable, to provide Codequirk with accurate information and not to impersonate or otherwise misrepresent your association or affiliation with any person, organization, or entity.

6. Links to Third-Party Web Sites

Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Codequirk of the third party, the third-party web site, or the information there. Codequirk is not responsible for the availability of any such web sites. Codequirk is not responsible or liable for any such web sites or the content thereon. If you use the links to the web sites of Codequirk affiliates or service providers, you will leave the Site and will be subject to the terms of use and privacy policy applicable to those web sites

7. Disclaimer of Warranties

CODEQUIRK AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE SITE OR THE CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICE AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CODEQUIRK AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE SITE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CODEQUIRK IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CODEQUIRK AND ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER TYPE OF DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF CODEQUIRK OR ANY OF CODEQUIRK'S SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, CODEQUIRK IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF CODEQUIRK AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO ONE HUNDRED DOLLARS.

8. Indemnification

You understand and agree that you are personally responsible for your behaviour on the Site. You agree to indemnify, defend and hold harmless Codequirk, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, or any violation by you of these Terms.

9. Termination

We reserve the right to restrict, modify, suspend, or terminate your access to the Site, with or without cause or prior notice, at any time, and without any liability to you.

10. Privacy

Codequirk understands the protection of your privacy as an important responsibility. Personally Identifiable Information (“PII”) and other information collected on or in connection with the Site will be used and processed as described in our Privacy Policy, which can be found at www.codequirk.com/privacy-policy .By using the Site, you consent to the collection and use of your PII by us as described in the Privacy Policy.

11. Assignment

To the extent permitted by law, Codequirk may sell, transfer, or otherwise share some or all of our assets, including your PII, in connection with a merger, reorganization, or sale of assets, or in the event of bankruptcy. In each such event, the PII we have collected from you may be one of the assets transferred.

12. Age Limitation

The Site are not intended for use by persons under the age of 16. Codequirk does not knowingly collect information from visitors under the age of 16 and, in the event that we learn that a person under the age of 16 has provided Codequirk with PII, we will delete such PII.

13. Dispute Resolution

By using the Site, you and Codequirk agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Site, or the breach, enforcement, interpretation, or validity of these Terms or any part thereof (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to Codequirk Software Solutions at 101, Workafella Cyber Crown, Hitech City, Hyderabad, INDIA - 500081.

Both you and Codequirk agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party.

IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect in Hyderabad, Telangana before one arbitrator to be mutually agreed upon by both parties.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable.

14. Choice of Law and Forum

You agree that the laws of the state of Telangana govern the Terms and any claim or dispute that you may have against us, without regard to Telangana’s conflict of laws rules. The parties acknowledge that these Terms evidence a transaction involving interstate commerce.

You further agree that any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in the Hyderabad, Telangana, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE:

  • (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN;
  • (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN HYDERABAD, TELANGANA FOR ANY DISPUTES OR CLAIMS BROUGHT UNDER THIS PROVISION; AND
  • (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN HYDERABAD, TELANGANA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
15. Additional Terms

If you are a customer of Codequirk, or an employee, representative or agent of a Codequirk customer (“Customer”), your authorized use of Codequirk’s hosted services and access to Codequirk’s online assets and certain of its sites are subject to a written subscription agreement or other written agreement(s) between Codequirk and such Customer (“Customer Agreement.”) Your authorized access to a Codequirk site consistent with a Customer Agreement is subject to additional terms and restrictions under the Customer Agreement. In the event a conflict between these Terms and a provision of a Customer Agreement, the Customer Agreement shall control.

16. Modification

We reserve the right to modify these Terms at any time. Your continued use of the Site after any such modifications have been made shall be deemed to be your conclusive acceptance of any modified version of the Terms. We will indicate that changes to the Terms have been made by updating the date indicated after “Updated ”at the beginning or end of these Terms. If you do not agree to abide by the initial version and any modified version of the Terms, then you are not authorized to use the Site.

Last Updated: September 24, 2023

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Claims of Copyright Infringement

If you believe any content on the Sites infringes a copyrighted work, you may submit a notice to our Copyright Agent at keyur@codequirk.com Such notice must include:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an e-mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  • A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.