Terms of Service
These Terms of Service are a contract between you and Realmonkey (parent company of Quick Lead), a company with its principle place of business at F 429, Phase 8B, Industrial Area Mohali, India. Quick Lead operates www.QuickLead.realmonkey.co ("Quick LeadApp") and the screen questionnaire document generation, collection and storage services therein (collectively the "Service"). By using the Quick Lead Site and its Android Application services ("App"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").
Quick Lead reserves the right, at its sole discretion, to modify, discontinue or terminate the App or Services or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on the App or otherwise provide you with notice of the modification. We will also update the "Last Updated Date" in these Terms of Service. By continuing to access or use the App or Services after we have posted a modification to these Terms of Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the App and Services.
If you do not agree to these Terms of Service or any part thereof, your only remedy is to not use the Quick LeadApp or the Service. VIOLATION OF ANY OF THE TERMS BELOW WILL RESULT IN THE TERMINATION OF YOUR RIGHT TO USE THE QUICK LEADAPP, AND ANY ACCOUNT THAT YOU MAY HAVE CREATED AS PART OF THE SERVICE. YOU AGREE TO USE THE QUICK LEADAPP AT YOUR OWN RISK.
License Grants & Restrictions
Quick Lead hereby grants you a non-exclusive, non-transferable, worldwide right to access and use the Quick LeadApp, through the Internet for your own internal purposes, subject to the Terms of Service. You may not permit the Quick LeadApp to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use the Quick LeadApp. All rights not expressly granted to you are reserved by Quick Lead and its licensors. You shall not (i) modify or make derivative works based upon the Quick LeadApp; (ii) reverse engineer or access the Quick LeadApp in order to (a) build a competitive product or service, (b) build a product using similar features, functions or graphics of the Quick Lead, or (c) copy any features, functions or graphics of the Quick LeadApp. You further acknowledge and agree that, as between the parties, Quick Lead owns all right, title, and interest in and to the Quick LeadApp, including all intellectual property rights therein.
You are responsible for all activity occurring under your accounts and are solely responsible for compliance with all applicable local, state, national and foreign laws, treaties and regulations relating to your use of the Quick LeadApp, including those related to the protection of intellectual property, data privacy, international communications and the transmission of technical or personal data.You shall: (i) notify Quick Lead immediately of any unauthorized use of any password or account or any other known or suspected breach of security; and (ii) report to Quick Lead immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you.
As a condition to your use of the Quick Lead, you agree not to:Upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invades another's privacy, or promotes bigotry, racism, hatred or harm against any individual or group;
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
Phish, collect, upload, post, email, transmit or otherwise make available any login data and/or passwords for other web Apps, software or services;
Phish, collect, upload, post, email, transmit or otherwise make available credit card information or other forms of financial data used for collecting payments;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Quick LeadApp;
Upload, post, email, transmit or otherwise make available any information, materials or other content that infringes another's rights, including any intellectual property rights;
Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Reverse engineer, decompile or disassemble any of the software used to provide the Quick LeadApp;
Reproduce, duplicate or copy or exploit any other portion of the Quick LeadApp, without the express written permission of Quick Lead;
Interfere with or disrupt the Quick LeadApp, or any servers or networks connected to the Quick LeadApp, or disobey any requirements, procedures, policies or regulations of networks connected to the Quick LeadApp;
Obtain, collect, store or modify the personal information about other users;
Modify, adapt or hack the Quick LeadApp or falsely imply that some other App is associated with the Quick LeadApp; or
Use the Quick LeadApp for any illegal or unauthorized purpose. You must not, in the use of the Quick LeadApp, violate any laws in your jurisdiction (including but not limited to copyright laws).
Quick Lead will indemnify all accounts against and hold them harmless from: (a) any claim by a third party that any part of the Quick LeadApp or its use, manufacture, sale, distribution, or reproduction infringes or misappropriates any copyrights, trade secrets, patents or other intellectual property; (b) any claim by a third party that this Terms of Service is in conflict, violation or breach of or with any contract, assignment, license, sublicense, security interest, or other obligation to which Quick Lead is a party or has knowledge; (c) any claim relating to any past, present or future use, licensing, sublicensing, distribution, marketing, disclosure or commercialization of any part of the Quick LeadApp by Quick Lead; and (d) any litigation, arbitration, judgments, awards, attorneys' fees, liabilities, settlements, damages, losses and expenses relating to or arising from (a), (b) or (c) above.
In the course of using the Quick LeadApp, you may create certain templates, or questionnaires and load or post such documents into the Quick Lead Back Office for other users. By making such documents available in the Back Office, you hereby grant to Quick Lead a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works and exploit your contribution in connection with Quick Lead's operation of the Quick LeadApp.
In the course of using the Quick LeadApp, you may provide Quick Lead with feedback, including but not limited to suggestions, observations, errors, problems, and defects regarding the Quick LeadApp (collectively "Feedback"). You hereby grant Quick Lead a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works from and otherwise exploit all such Feedback.
Violation of these Terms of Service
Quick Lead reserves the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. Quick Lead may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that Quick Lead has no obligation to pre-screen or monitor your access to or use of the Quick LeadApp or any information, materials or other content provided or made available through the Quick LeadApp, but has the right to do so. You hereby agree that Quick Lead may, in the exercise of Quick Lead sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Service or that is otherwise objectionable.
Quick Lead reserves the right to terminate any free Accounts that do not receive a questionnaire submission for 6 months or is not logged into for 6 months.
Quick Lead, in its sole discretion, has the right to suspend or terminate your Account if (1) you breach these Terms of Service or (2) your bandwidth usage significantly exceeds the average bandwidth of other users of the Service. In each such case Quick Lead may refuse to provide you any current or future use of the Quick LeadApp, or any other Quick Lead service. Any termination of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. This information cannot be recovered from Quick Lead once your account is terminated; however Quick Lead may for a time retain residual information in our backup and/or archival copies of our database.Quick Lead reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Quick LeadApp
Quick Lead reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Quick LeadApp and Service (or any part thereof) with or without notice.
Quick Lead reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Quick LeadApp, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Quick LeadApp after any such changes shall constitute your consent to such changes.
Copyright and Content Ownership
We claim no intellectual property rights over the material you provide to the Quick LeadApp. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share any content. Quick Lead does not pre-screen content, but Quick Lead and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Quick LeadApp.
Disclaimer of Warranties
THE SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN THE QUICK LEADAPP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH NO WARRANTIES WHATSOEVER. QUICK LEAD AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. QUICK LEAD AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. QUICK LEAD DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE QUICK LEADAPP WILL BE CORRECTED. QUICK LEAD AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SERVICES. QUICK LEAD AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE QUICK LEAD SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE QUICK LEADAPP.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE TOOLS AND CONTENT ON THE QUICK LEADAPP AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR LOSS OF DATA THAT RESULTS FROM THE SUBMISSION OR DOWNLOAD OF SUCH CONTENT.
Technical support is only available via email. We will use commercially reasonable efforts to respond within a reasonable amount of time during regular business hours.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL QUICK LEAD OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE SERVICES OR QUICK LEADAPP ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF QUICK LEAD OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES OR QUICK LEADAPP, FROM INABILITY TO USE THE SERVICES OR QUICK LEADAPP, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR QUICK LEAD (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR QUICK LEADAPP OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE QUICK LEAD SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall Quick Lead or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service will be governed by and construed in accordance with the laws of the State of Punjab, India, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (including, but not limited to, any prior versions of the Terms of Service). Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of Quick Lead.
Last updated on- 6 February 2019