Terms & Conditions
1. Introduction
These Terms and Conditions describe the rights and responsibilities of the users (“You”, “Your” or “Users”) of www.digicare.com,
These Terms of Use govern Your access and use of the online products and services made available through the Website/App by Qdigi Services Limited, a company incorporated in India under the provisions of the Companies Act, 1956, having its registered office at A-102, 2nd Floor, Sector 58, Noida, 201301.
(“Company”, “We”, “Our” or “Us”).
By accessing, installing, downloading, or using the Website/App and its services, You acknowledge that You have read, understood, and agree to be bound by these Terms of Use.
These Terms include the Privacy Policy, which forms an integral part of these Terms. By using the Website/App, You agree to comply with these Terms of Use, the Privacy Policy, and any additional agreements executed for the provision of services.
If You do not agree with these Terms of Use, please do not access or use the Website/App or any of its services.
The Company reserves the right to revise or update these Terms of Use at any time by publishing the updated version on the Website/App. Your continued use of the Website/App after such changes constitutes Your acceptance of the revised Terms.
Additional terms may apply to certain services, and such terms shall be communicated separately. In case of any conflict between these Terms and additional service-specific terms, the additional terms shall prevail to the extent of such conflict.
2. Eligibility for Use of the Website/App
You must be at least 18 years of age or have attained the age of majority under applicable laws to access or use the Website/App.
By using the Website/App, You represent and warrant that:
- You are legally competent and at least 18 years of age.
- You have the authority and capacity to enter into and comply with these Terms.
- You will use the Website/App only in accordance with applicable laws and regulations.
3. Ownership, Control and Use of Website/App Content
All content available on the Website/App, including but not limited to designs, text, graphics, images, videos, information, logos, icons, software, audio files, and other materials (“Company Content”), is owned by the Company or its licensors and is protected under applicable copyright, trademark, and intellectual property laws.
You shall not:
- Modify, reproduce, distribute, display, publish, or exploit any Company Content without prior written permission from the Company.
- Copy or adapt any HTML code, software, or technology used to create or display the Website/App.
- Upload, republish, mirror, or incorporate Company Content on any other website, database, intranet, or external platform.
Nothing contained in these Terms grants You ownership or intellectual property rights over any Company Content. Any permission granted by the Company to use such content may be revoked at any time without prior notice.
4. Restrictions on Use of the Website/App
Users shall not use the Website/App to upload, publish, transmit, store, distribute, or share any material that:
- Violates any applicable law or regulation.
- Infringes copyright, trademark, trade secrets, privacy rights, or any intellectual property rights of others.
- Contains harmful, abusive, defamatory, obscene, offensive, discriminatory, or unlawful content.
- Promotes illegal activities such as money laundering, gambling, fraud, or any activity prohibited under law.
- Contains viruses, malicious software, or code intended to damage, interrupt, or gain unauthorized access to any system.
- Impersonates any individual or organization.
- Threatens the integrity, security, sovereignty, or public order of any nation.
Users shall also not:
- Submit false, misleading, or inaccurate information.
- Attempt to hack, reverse engineer, decompile, or interfere with the Website/App systems.
- Use automated tools, bots, scraping tools, or data extraction mechanisms.
- Copy, duplicate, sell, license, lease, or commercially exploit any part of the Website/App.
Any violation of these restrictions may result in suspension or termination of access to the Website/App and may lead to legal action where applicable.
5. User Information
When You register or access specific services as a customer, retailer, or for any other purpose, You may be required to provide certain information, including Your mobile number, address, email address, and other relevant details (“User Information”).
You agree to maintain accurate, complete, and up-to-date information at all times. You are responsible for maintaining the security and confidentiality of Your account details.
The Company may share Your information with third parties, with Your consent or where required by law, for the purpose of providing services, complying with legal obligations, or resolving disputes.
Where necessary, You may be required to provide proof of identity to access certain services. Failure to provide such proof may result in denial of access to those services.
By submitting User Content to the Company, You grant the Company a worldwide, irrevocable, royalty-free license to use, reproduce, modify, publish, and distribute such content in connection with its services and business operations.
6. Website/App Services
The services provided through the Website/App shall be governed by these Terms and Conditions, along with any additional agreements executed between the Company, users, and third-party service providers.
The Company grants You a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Website/App solely for personal and non-commercial purposes. Any rights not expressly granted herein remain reserved by the Company.
Certain services available through the Website/App may involve charges. When You purchase services or products through third-party service providers using the Website/App, the Company may facilitate the collection of payments on behalf of such service providers.
You acknowledge and agree that:
- Service fees may include applicable taxes as required by law.
- Payments made for services are generally non-refundable unless otherwise decided by the Company or the concerned third-party service provider.
- The Company may revise service fees, charges, or pricing at any time.
- Promotional offers, discounts, and special benefits may be provided to selected users under specific terms and conditions.
- Cancellation of a service request may result in cancellation charges, depending on the circumstances.
The Company may also provide pickup and drop services for repair or related services in selected locations and may engage third-party logistics providers for the fulfillment of such services.
The Company may send You service-related communications, including SMS, WhatsApp messages, notifications, and emails, as part of normal business operations.
7. Prohibited Use of the Website/App
You agree not to misuse the Website/App or engage in activities that may harm the Company, its users, or third parties.
Prohibited activities include, but are not limited to:
- Posting or transmitting unlawful, harmful, defamatory, abusive, obscene, or offensive content.
- Uploading content that violates intellectual property rights or privacy rights of any person.
- Sending spam, unsolicited communications, or unauthorized advertisements.
- Using automated tools, bots, spiders, or data-mining techniques to extract Website/App information.
- Attempting to gain unauthorized access to the Website/App, its servers, systems, or databases.
- Copying, reproducing, distributing, selling, or exploiting any Website/App content without authorization.
- Introducing viruses, malware, or other harmful code into the Website/App.
- Misrepresenting identity or providing false information.
Any violation of these restrictions may result in suspension or termination of Your account and may also lead to legal proceedings where applicable.
8. User Account and Login Credentials
You are solely responsible for maintaining the confidentiality of Your account details, passwords, and login credentials.
You agree that:
- You will not share Your account credentials with any other person.
- You will immediately notify the Company if You become aware of any unauthorized access or misuse of Your account.
- You are responsible for all activities conducted through Your account.
The Company reserves the right to suspend or terminate Your account if false information, unauthorized activities, or misuse of the Website/App is detected.
9. Mobile Application Services
When You access the Website/App through a mobile device, certain information such as device details, mobile carrier information, and location data may be collected in accordance with the Privacy Policy.
You are responsible for:
- Maintaining a valid mobile account.
- Updating Your contact information when required.
- Paying any data charges, network fees, or other costs imposed by Your mobile service provider.
The Company does not guarantee that all Website/App services will be compatible with every mobile device or network provider.
10. Copyright Infringement Notice
The Company respects the intellectual property rights of others.
If You believe that any content available on the Website/App infringes Your copyright, You may notify the Company by providing:
- Details of the copyrighted material.
- Description of the alleged infringement.
- Your name, address, telephone number, and email address.
Copyright-related concerns may be reported at:
Email: connect@digicare.com
The Company reserves the right to remove infringing content and restrict access to users who repeatedly violate intellectual property rights.
11. Intellectual Property Rights
All rights, titles, and interests related to the Website/App, services, software, content, trademarks, logos, designs, and other intellectual property remain the exclusive property of the Company or its licensors.
Your use of the Website/App does not grant You any ownership rights over the Company’s intellectual property.
You may not copy, modify, distribute, reproduce, license, sell, or create derivative works from any Company content without prior written consent.
12. Disclaimer of User Content and Third-Party Services
The Company does not guarantee the accuracy, reliability, completeness, or authenticity of content submitted by users or provided by third parties.
The Website/App may include third-party products, services, warranties, or content. Such third-party offerings are governed by their own terms and policies.
The Company does not endorse or guarantee any third-party products or services and shall not be responsible for any disputes, losses, damages, or liabilities arising from Your interactions with third-party providers.
Use of the Website/App and any third-party services is entirely at Your own risk.
13. Disclaimer of Warranty
The Website/App, its services, content, and all related features are provided on an “as is” and “as available” basis without any express or implied warranties.
The Company does not guarantee that:
- The Website/App will operate without interruption or errors.
- The Website/App, servers, or systems will be free from viruses or harmful components.
- The information, content, services, or products available through the Website/App will always be accurate, complete, reliable, or up to date.
To the maximum extent permitted by applicable law, the Company disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
The Company does not guarantee the quality, suitability, safety, or reliability of products or services provided by independent third-party service providers.
14. Limitation of Liability
To the maximum extent permitted under applicable laws, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
- Loss of profits
- Loss of data
- Business interruption
- Loss of goodwill
- Any other commercial damages or losses
The Company shall not be responsible for any damages or losses arising from:
- Your use of or inability to use the Website/App and its services.
- Transactions or relationships between You and any third-party service provider.
- Delays, failures, or interruptions caused by circumstances beyond the Company’s reasonable control.
The maximum liability of the Company arising from any claim related to the Website/App or its services shall not exceed INR 200, unless otherwise required by applicable law.
15. Links to Third-Party Websites
The Website/App may contain links to third-party websites or services for Your convenience.
The Company does not control, endorse, or guarantee the accuracy, reliability, or availability of any third-party websites, products, or services.
Your access to such third-party websites is entirely at Your own risk, and You should review their respective terms and privacy policies before using them.
16. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, directors, officers, employees, agents, and representatives from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable legal fees, arising from:
- Your violation of these Terms and Conditions.
- Your misuse of the Website/App or its services.
- Your violation of any applicable laws or regulations.
- Any content, information, or material submitted by You through the Website/App.
- Any negligent, fraudulent, or unlawful actions committed by You.
17. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and interpreted in accordance with the laws of India.
Any disputes, claims, or legal proceedings arising from the use of the Website/App shall be subject to the exclusive jurisdiction of the competent courts located in Noida, Uttar Pradesh, India.
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue to remain valid and enforceable.
18. User Grievance Redressal
The Company has established an internal mechanism to address user complaints and grievances.
For any concerns, complaints, or queries related to the Website/App or its services, You may contact the Company at:
Email: connect@digicare.com
The Company will make reasonable efforts to address and resolve Your concerns in accordance with applicable laws.
19. Term and Termination
These Terms and Conditions shall remain effective for as long as You use the Website/App and its services.
The Company reserves the right, at its sole discretion, to suspend, restrict, or terminate Your access to the Website/App without prior notice if You violate these Terms and Conditions or engage in any unauthorized or unlawful activity.
Upon termination, the Company may remove or delete Your user information and take appropriate legal action as permitted under applicable laws.
20. Amendments to Terms and Conditions
The Company reserves the right to modify, revise, or update these Terms and Conditions and related policies at any time without prior notice.
Any changes will become effective immediately upon publication on the Website/App.
Your continued use of the Website/App after such modifications constitutes Your acceptance of the updated Terms and Conditions.
21. Additional Terms for Qdigi Services
The Qdigi Website/Application provides various technology-based services, including device repair services, break-fix solutions, extended warranty plans, protection plans, damage coverage plans, logistics support, and other related services.
By installing, downloading, accessing, or using Qdigi services, You agree to be bound by the specific terms applicable to Qdigi products and services.
Qdigi services are intended only for personal and non-commercial use. Any authorized individual accessing Qdigi on behalf of a customer or organization shall be deemed to be acting with proper authorization and the customer shall remain responsible for such usage.
22. Access to and Use of Qdigi Services
- Qdigi account creation
- User eligibility (18+ age)
- Maintaining accurate details
- Account security
- Identity verification
- Authorized use of Qdigi services
23. License to Use Qdigi
- Limited, non-exclusive, non-transferable license
- Personal and non-commercial use
- All intellectual property rights reserved by the company
24. Service Fees and Payments
- Service charges & taxes
- Advance payments
- Payment gateways
- Non-refundable fees (where applicable)
- In-app invoices
- Promotional discounts
- Cancellation charges
25. Third-Party Service Providers
- Repair partners
- Logistics providers
- Independent sellers/buyers
26. Pickup and Drop Services
- Availability based on location, brand, and device
- Free or chargeable services
- Third-party logistics support
27. Notifications and Promotional Offers
- SMS, WhatsApp, email notifications
- Promotional codes and offers
- Terms of using promotional benefits
28. User Content
- Device details, images, information submitted by users
- Company rights to use such content for service purposes
- Restrictions on unlawful or offensive content
29. Network and Device Requirements
- Internet and mobile data responsibility
- Compatible devices requirement
- Service interruptions due to network issues
30. Qdigi Warranty Disclaimer
- Services provided “as available” basis
- No guarantee of uninterrupted service
- Third-party services not warranted by the Company
31. Limitation of Liability for Qdigi
- No liability for indirect losses
- Third-party service issues
- Maximum liability limit (INR 200)
32. Indemnity
- User responsibility for misuse, legal violations, or breach of terms
33. General Provisions
- Assignment of rights
- Severability of terms
- Copyright notices
- Communication methods
- Governing law (India)
- No partnership or employment relationship
- Force majeure
- Entire agreement clause
- Right to terminate services for violation of terms