InQuartik Terms of Service
Last Updated: October 15, 2019
Thank you for visiting InQuartik Co. Limited, a developer of intellectual property management and big data analytics products and services. By accessing InQuartik’s products or services (“Platform”) and selecting to opt-in, you are agreeing to this Terms of Service and any amendments thereto. InQuartik may amend this Terms of Service at any time by posting the amended terms on its websites. In addition, when using particular services owned or operated by InQuartik or associated with the Platform, you will be subject to any posted guidelines or rules. All such guidelines and rules are hereby incorporated by reference into this Terms of Service. InQuartik may also offer other services that are governed by different terms of service. In such cases, the other terms of service will be posted on the relevant service website to which they apply.
General Use and Restrictions
You must follow any applicable laws and regulations, including export and re-export control laws and regulations, any policies made available to you on the Platform, as well as, if any, the agreements between you and InQuartik with respect to or in connection with any particular services provided by InQuartik. You understand and agree to not misuse the Platform. For example, you may not (a) make the service or any Materials (defined below) on the Platform available to anyone other than the user authorized by InQuartik; (b) sell, resell, rent or lease any portion of the service; (c) interfere with or disrupt the integrity or performance of the service or third-party content provided on the Platform; (d) attempt to gain unauthorized access to the Platform or its related systems or networks; (e) reverse engineer any portion of the Platform; (f) access the Platform in order to build a competitive product or service; (g) access the Platform using “bots” or “spiders” or any automated system that calls to a service more frequently than may reasonably be performed by a human user using a standard web browser; (h) not interfere with any Platform or try to access it using a method other than the interface and the instructions that InQuartik provides; or (i) use the Platform for any illegal purpose. You must use commercially reasonable efforts to prevent any unauthorized access to or use of any service or Materials on the Platform and promptly notify InQuartik of any such unauthorized access or use. InQuartik may suspend or stop providing the Platform and its services to you if you do not comply with InQuartik’s terms or policies or if InQuartik is investigating suspected misconduct.
You agree not to reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, or otherwise exploit any Platform, or any portion thereof, without InQuartik’s prior written consent. No logo, graphic, sound or image from any Platform may be copied or retransmitted unless expressly permitted by InQuartik. Also, you may not “mirror” or replicate any Materials contained on the Platform on any other server without InQuartik’s prior express written permission.
As part of your use of the Platform and InQuartik’s services, you may receive access to additional data, content, software, or applications subject to separate terms. Platforms may display certain content that did not originate from InQuartik. This content is the sole responsibility of the entity that makes it available. We reserve the right to suspend or terminate content originated from these entities at any time.
These Terms of Service will supersede and control over any conflicting or additional terms and conditions of any provisions of an agreement you may have with InQuartik and other previously issued Terms of Service. These Terms of Service control the relationship between you and InQuartik. They do not create any third party beneficiary rights. A failure by InQuartik to exercise, or any delay in exercising, any right or remedy provided under these terms or by law shall not constitute a waiver of that or any other right or remedy. If any provision of these Terms of Service is held to be invalid or unenforceable, the provision will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remaining provisions of these terms will remain in force.
Fees and Payment
Your subscription to InQuartik’s services will continue on a recurring monthly or annually basis corresponding to the term of your subscription unless and until you cancel your subscription or your account is otherwise suspended or discontinued pursuant to these Terms of Service. If you subscribe to any service or purchase any Materials, you must provide accurate billing and payment information and keep this information up-to-date. By accessing a Platform and InQuartik’s services, you are expressly agreeing that (i) we are authorized to charge you a periodic subscription fee on a recurring basis corresponding to the term of your subscription, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of your subscription; (ii) we may submit charges incurred under your account for payment; and (iii) you will be responsible for such charges.
Cancellation and Refund
You can cancel your subscription at any time, and you will continue to have access to InQuartik’s services through the end of your subscription period. You must cancel your subscription before your next renewal date in order to avoid the next billing. Due to the type of information being licensed and the service provided to you, we are unable to accept or offer returns once the subscription is activated, services is performed or Materials are purchased. To the extent permitted by the applicable law, all payments are non-refundable and we do not provide refunds or credits for any partial subscription periods.
Coupon General Guidelines
InQuartik may issue discount coupons to you from time-to-time applicable to a specified Platform. Coupons issued are valid for a limited time only and expiration dates will vary. Unless otherwise specified, all coupons have no cash value. Coupons and their face value cannot be exchanged for cash or gift cards. Refunds will not be provided if the total value of the coupons exceeds the value of the transaction.
When purchasing multiple products and services, InQuartik accepts multiple coupons for multiple qualifying items. InQuartik reserves the right to limit quantities to customers and employees, as well as, the quantity of items purchased and/or prohibit the purchase of excessive quantities. Coupons may be subject to advertised offer limitations and all other restrictions.
All materials provided on a Platform and by InQuartik, including but not limited to data, information, documents, products, logos, graphics, sounds, images, software, source code, and services (“Materials”) are provided either by InQuartik or by third party authors, developers and vendors (“Third Party Providers”) and are protected by intellectual property laws. The trademarks, service marks, trade names, logos and copyrights appearing on the Platform are trademarks and copyrights of InQuartik, its affiliates, and/or licensors. Any other use of Materials without prior written permission of InQuartik is strictly prohibited; including but not limited to modifying, copying, distributing, transmitting, selling, licensing, creating derivative works or using all or any portions of the Materials.
Other branded products and names not belonging to InQuartik used within the Platform and in the Materials are for identification purposes only. InQuartik disclaims any and all rights in those marks.
Warranties and Disclaimers
InQuartik has made its utmost effort to ensure that all information contained within the Platform has been obtained from reliable sources. INQUARTIK AND ITS SUPPLIERS OR DISTRIBUTORS DO NOT MAKE ANY SPECIFIC PROMISES ABOUT THE PLATFORM OR INQUARTIK’S SERVICES AND MATERIALS. FOR EXAMPLE, INQUARTIK DOES NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT ON THE PLATFORM, THE SPECIFIC FUNCTIONS OF THE PLATFORM, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. INQUARTIK PROVIDES THE SERVICES AND MATERIALS ON THE PLATFORM “AS IS” AND HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
ALL INFORMATION OR DATA CONTAINED WITHIN THE PLATFORM IS PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND NO INFORMATION HEREIN CONSTITUTES LEGAL ADVICE.
Limitations of Liability
While InQuartik aims to provide you with a splendid user experience, for a variety of reasons beyond InQuartik’s control, services may be affected by sudden interruptions and other failures. The Platform and Materials require the services and products provided by third party providers to operate, such as internet or cloud service stability, and hardware device barriers. You understand that aforementioned reasons may cause the Platform to be unavailable at times.
INQUARTIK AND THIRD PARTY PROVIDERS SHALL NOT BE LIABLE FOR ANY LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRUBTING, OR DOWNLOADING THE MATERIALS, HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM A PLATFORM OR INQUARTIK’S SERVICES, EVEN IF INQUARTIK HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF INQUARTIK, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS IN CONNECTION OF YOUR USE OF THE SERVICE, INCLUDING ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID INQUARTIK TO USE THE SERVICES WITHIN TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. INQUARTIK MAY CHOOSE TO EXTEND YOUR SERVICE PERIOD AS A REMEDY. IN ALL CASES, INQUARTIK, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
UNDER NO CIRCUMSTANCES SHALL INQUARTIK BE LIABLE FOR ANY LOSS OR FAILURE TO PERFORM ITS OBLIGATIONS DUE TO FORCE MAJEURE, INCLUDING BUT NOT LIMITED TO LABOR SHORTAGES, STRIKES, RIOTS, ACTS OF GOD, FLOODS, LIGHTNING, FIRE, EPIDEMIC, POWER OR COMMUNICATION UTILITY INCLUDING INTERNET SHORTAGES, FAILURES, EARTHQUAKES, WAR, OR RESTRICTIONS, REGULATIONS, ORDERS IMPOSED BY ANY GOVERNMENT, AGENCY OR SUBDIVISION THEREOF.
You agree to indemnify, defend and hold harmless InQuartik, its parents, subsidiaries, and affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, actions, liabilities, damages, losses, costs, expenses and fees (including attorneys’ fees) arising from or related to your use of Platform or violation of these Terms. If you are using any Platform or InQuartik’s services and Materials on behalf of a business, that business accepts these Terms of Service.
Modifying and Interpreting the Terms of Service InQuartik may from time to time modify these terms or any additional terms that apply to InQuartik’s services and Materials. InQuartik may add or remove any functionalities or features, and may suspend or stop a service altogether. You may elect to stop InQuartik’s services or InQuartik may stop providing services and Materials to you at any time. InQuartik will post notices or notify you of modifications and additional terms. Changes will not apply retroactively and will become effective no sooner than fourteen (14) days after they are posted. However, changes addressing new functions for InQuartik’s services and/or Materials or changes made for legal purposes take effect immediately. If you do not agree to the modified terms for InQuartik’s service and/or Materials, you may elect not to opt-in and agree with our Terms of Service or discontinue your use.
When you are using the Platform or sending e-mail to InQuartik, you are communicating with InQuartik electronically. InQuartik will communicate with you by posting notices on the Platform or by sending e-mails. By accessing the Platforms and opting-in to this Terms of Service, you agree that all notices, agreements or amendments hereafter or other communications that InQuartik provide to you electronically satisfy any legal requirements thereof.
Governing Law and Jurisdiction
Any disputes arising out of or relating to this Terms of Service or InQuartik’s services (“Dispute”) are governed by the laws of Hong Kong. You hereby consent to the exclusive jurisdiction of Hong Kong, in the event that you bring any legal action against InQuartik with respect to any Dispute. Your submission to the jurisdiction of Hong Kong shall not prejudice InQuartik’s right to commence action against you in any court of competent jurisdiction.
Questions or Suggestions
If you have any questions about these terms, or if you would like to request permission to use any Materials, please contact InQuartik here.