AGREEMENT TO USE
Terms and Conditions
The usage of Qubo products including but not limited to Qubo’s complete range of devices
(including components,
parts and accessories), services or mobile/ web-based application(s) by you, i.e., the
end-user, implies that you
hereby (i) agree and consent to the following terms and conditions, including any future
updates, modifications or
amendments, from time to time, in respect of this terms and conditions; and (ii) expressly
consent to our
collection, storage, use, processing, data sharing and disclosure of your information (as
defined in the Privacy
Policy) in accordance with the terms of the Privacy Policy detailed in
[https://www.quboworld.com/privacy-policy#privacy-policy]. Every use and continued access by
you of our products and
services is deemed to mean that you have agreed to accept and adhere to this terms and
conditions as amended and
applicable at such time.
Further, the use, access, installation or general exploration of our products and services
states that you expressly
consent to our and our trusted and authorized partners’ provision of services in connection
with our products and
services in accordance with the terms and conditions of this Agreement and the relevant
Alexa or Google Assistant’s
specific terms and conditions, disclaimer statement(s) and privacy policy(ies), which may be
updated/ modified from
time to time and shall be available for periodic review by users at
https://www.amazon.in/gp/help/customer/display.html?nodeId=201809740 (if and as applicable
in relation to use,
access and operation of our products and services).
Please note that this terms and conditions shall be available for review upon setting up and
installation of your
purchased product(s), on the relevant display screen and shall be available for periodic
review at [
https://www.quboworld.com/privacy-policy#agreement ], as updated till date. This terms and
conditions constitute a
binding and legal agreement between you and Qubo.
We understand that you specifically acknowledge and consent to the terms and conditions
mentioned in all sections of
this agreement to use prior to your use of any Qubo product and service including the
products offered at our
website or the website of our business partners, purchase of plans and services, availing
subscription services,
uploading data, browsing or accessing our website or any other service offered by Qubo or
its various platform(s).
You are requested to read and understand all the sections set forth below carefully in order
to understand our
policies in relation to, including but not limited to, communication, dispute resolution,
agreement violations,
warranties and disclaimers. To avoid any doubts, it is stated that the terms and conditions
in this agreement to use
shall apply to Qubo products and services, offered by us directly or through our affiliates
and business partners.
The terms and conditions published in this agreement to use is an electronic record in terms
of the Information
Technology laws and regulations applicable in your jurisdiction and rules there under as
applicable and the amended
provisions pertaining to electronic records in various statutes as amended by the relevant
regulations. This
electronic record is generated by a computer system and does not require any physical or
digital signatures.
Definitions
The terms and expressions (whether capitalized or not) which have been used/ defined in this
section and throughout
this Agreement shall have the meaning ascribed to them as below. The terms and expressions
(whether capitalized or
not) which have been used hereinbelow but have not been specifically defined shall have the
same meaning as
attributed to such term in the Privacy Policy or the Limited Warranty Statement. This Terms
and Conditions, the
Limited Warranty Conditions and the Privacy Policy are to be interpreted harmoniously at all
events.
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“Agreement” or “agreement” shall refer to this agreement to use providing and
detailing the terms and
conditions of use of Qubo products and services,
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“Qubo”, “Company” and/or “HERO” shall refer to and include Hero Electronix
Private Limited, its,
affiliates, its owners, chairpersons, directors, employees, officers, partners,
subsidiaries,
shareholders, contractors, sub-contractors, dealers, distributors, retailers,
agents, and assigns,
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“You” or “your” or “customer” or “user” or “end-user” shall refer to
individual(s), entity(ies) or
group(s) who directly or indirectly purchase, acquire, use and access any Qubo
products and/ or
services,
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“Qubo” , “HERO”, “Our”, ‘we’’ or “us” shall refer to and include Hero Electronix
Private Limited, its
shareholders and associated partners and subsidiaries,
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“Limited Warranty Statement” shall refer to Qubo’s limited warranty terms and
conditions, as provided and
updated at the document section of specific product.
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“Product” or “product” shall refer to any and all Qubo product(s) mentioned in
our portfolio online or
offline.
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“Privacy Policy” shall refer to Qubo’s privacy policy as provided and updated
from time to time at
https://www.quboworld.com/privacy-policy#privacy-policy
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“Services” or “services” shall refer to any free or paid subscription-based
services offered by us online
or offline, functionalities through mobile or web-based application and
associated product and customer
service.
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“Third Party Service” means applications and/ or services (currently available or
as may be available in
the future) provided by any third party, including without limitation, the voice
services, that may be
used or availed by you through or during usage of the Products and Services.
Acknowledgement
By using, accessing, downloading or registering with our products, services, platform or
mobile or web-based
application for any general or specific purpose you agree to abide by the general terms and
conditions set forth by
this Agreement. These terms and conditions shall also include any additional or modified
terms and conditions in
relation to the Qubo product and services or any future product or service that might be
offered by Qubo or its
platform. If at any point in time you do not wish to be bound by Qubo’s terms and
conditions, then you may not use
and access our products and services and your access and service in respect thereof will be
immediately terminated.
Your agreed usage of our products and services makes you obligated to follow and adhere to
the terms and conditions
mentioned in this Agreement. Accepting or consenting to the terms and conditions will
comprise a legitimate contract
by and between you, of minimum age to enter into a legal contract as specified by local
laws) as an individual
client of the relevant Qubo products and services or any other eligible client or recipient
of the Qubo products and
services and HERO, the date and time of which shall be recorded by us. All administrations
are rendered by HERO
through the Qubo platform under the brand name "Qubo" (or any subordinates or varieties
thereof). Therefore, every
one of the rights, advantages, liabilities and commitments under this agreement will, by and
large, gather to the
advantage of, or acquired by, Qubo, with respect to your utilization of Qubo’s products and
services offered by Qubo
or its platform. So long as you adhere to this Agreement, Qubo provides you with a personal
and non-transferrable
privilege to use and avail our products and services.
Permitted Use and End User Representations and Warranties
Our Products and Services are not meant to be explored by anyone who is not deemed adult as
per local laws and
regulations. Your use of products and services states that you are legally adult or using
such products and services
under supervision of your parent or guardian who agrees to be bound by the terms and
conditions of this Agreement.
You represent and warrant that you have the full authority to enter into this agreement with
Qubo and that in doing
so you are not violating any terms and conditions you are already party to (if any). You
further agree to use the
product in complete compliance with all the applicable laws of India. By agreeing to this
Agreement or by generally
utilizing the Qubo Services on the Qubo platform, you declare that you are legally adult and
have not been recently
suspended or prohibited by Qubo from using and accessing its products and services or
utilizing the Qubo Platform.
If you are accepting this terms and conditions on behalf of a company, limited liability
partnership or other legal
entity, you represent and warrant that you have the authority to bind such entity to this
terms and conditions and,
in such event, “you” and “your” as used in this Agreement shall refer to such entity.
Further, you acknowledge and
warrant that you will comply with all applicable laws and regulations and you have the
right, authority, expertise
and ability to enter into this Agreement and to comply with all the terms and conditions of
this Agreement.
For accessing all the features of our products and services, every user has to register at
our platform with a
unique user name and account password. For better experience, you are requested to read the
instructions available
on the product/ service user manual as provided either online or offline.
By registering and creating your user account (as defined herein below) for use and access
of our products and
services, subscription to user content and associated services, accessing our platforms
etc., you agree as follows:
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provide accurate, current and complete information as may be prompted (i.e.,
registration and user
account details) and maintain and undertake to update the same in respect of any
changes;
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maintain the security of your and any sub-user passwords;
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accept all risks of unauthorized access attributable to you in relation to the
registration and user
account details and any other information you provide to us;
-
notify us immediately of any breach of security or any unauthorized use/ access
of your user account or
any sub-user account (if any);
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not authorize, assign or otherwise transfer your user account to any other person
or entity, without our
express prior written consent or unless permitted under this agreement;
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access or operate our products and services through your user account created and
in no event use another
person/ entity’s user’s account for any purpose or objective; and
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be responsible for all activity on your user account and any activity of
authorized sub-users in relation
thereof and to use and operate the same in accordance with applicable laws.
Your use of the products and services is further subject to the following restrictions
(without limitation) and
accordingly, you represent and warrant as follows in order to refrain from:
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Reproducing, reverse engineering, transferring, selling, reselling, or otherwise
misusing the products
and services, any content, features, skills, software, third party services from
the platform in any
manner other than as permitted under this agreement.
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Accessing, using or tampering with the non-public areas of any of our software,
platforms, networks or
our systems.
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Reverse engineer or try to reverse engineer any of the proprietary/ intellectual
property aspect of,
including but not limited to the products and services, software, our platforms,
networks, systems,
etc., wholly or in part.
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Breach or circumvent or attempt to break or circumvent our authentication and
security processes and
measures of our systems or networks.
Disclaimer
-
All applicable Alexa or Google Assistant terms and conditions, disclaimers and
privacy statements as
issued, updated and revised from time to time by Amazon or any other Amazon
affiliated entity or Google
Assistant shall govern the terms and conditions of use (including but not
limited to data protection and
data privacy terms) of Alexa or Google Assistant enabled features and skills in
respect of our Products
and Services.
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This Agreement deals with use and access of our Products and Services in addition
to use of features
accessible through Amazon’s Alexa and Google Assistant. Provided, however, that
any other features
forming part of or in relation to or in connection with any smart home suite
available and accessible to
end-users through either Alexa or Google asssitant or any other similar or
identical smart home suite is
not provided by Qubo, and accordingly, Qubo, shall not have any responsibility,
liability or obligation
towards the end-user in this regard.
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You undertake to take all the necessary measures to preserve, in good condition,
our products and devices
purchased, used and accessed by you.
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Our Products and Services are covered by a contractual 12 Months warranty unless
otherwise specified on
the products/ services or its packaging or by any other authorized third party
at the time of sale and
purchase thereof. However, this warranty shall not apply in the case of natural
wear and tear of the
devices, damage caused by negligent use of the devices and components/ parts/
kits thereof, or by use in
a manner for which the devices and components/ parts/ kits thereof was not
intended or other terms and
conditions of the Limited Warranty Statement.
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This Agreement, supplemented by product/device and its components, parts, kits
thereof specific care and
safety instructions/ user manual pertaining to its use, shall be at all times
strictly followed, failing
which the Company shall disclaim all warranty obligations over the device.
-
Qubo does not make any representation or warranty regarding the reliability,
accuracy, completeness,
correctness, or usefulness of any content or service or applications offered by
any trusted authorized
third party (including any Third Party Services), and disclaims all liabilities
arising from or related
to thereof.
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Any information about pricing, specifications and in general case all information
about, relating to or
in connection with the device is subject to change without notice. It is
possible that there could be
errors or omissions in the information provided on our online platform and
databases. Such information
could also be incomplete. We shall not be responsible for any errors, omissions
or misrepresentations on
our platform(s) (online or otherwise) in this regard. Qubo and its authorized
third parties hereby
explicitly and specifically disclaim any and all representations, warranties or
guarantees, whether
written, oral, expressed or implied with respect to any information, details or
particular on the
platform(s) of Qubo or any third party including, without limiting the
generality of the foregoing, any
warranty as to the quality, value, fitness or merchantability of the products/
devices/ services offered
to be sold on the platform (if any).
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Any Product or Service purchased and used by you is provided to You strictly on
an ‘as is’ basis.
Notwithstanding anything contained in this Agreement, Qubo does not warrant,
except as provided under
this Agreement, that the Products and Services: (a) will perform error-free,
deficient-free or
uninterrupted, or that Qubo will correct all or any errors, deficiencies or
defects, in any or all
events; (b) will operate in combination with any of your unauthorized devices
(such as desktops,
laptops, touch pads, mobile phones, cables, etc.), or with any other hardware,
software, systems or data
not provided and authorized by Qubo; and (c) will meet your requirements,
specifications or
expectations.
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Qubo further acknowledges and disclaims that Qubo does not control the transfer
of data over
communications facilities, including the internet, wi-fi connection, and that
the Products and Services,
any web-based or mobile application, software and cloud services and other
related or pertinent content
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Products/ services may be subject to limitations, delays, and other problems
inherent in the use of such
communications facilities. Consequently, we are not responsible for any
Connectivity and Availability
Our Products and Services will require certain input parameters to perform efficiently and
hassle-free including an
active internet connection and live power supply. You need to ensure that the data plan and
service is compatible
with the Qubo product/ device and services you want to use. The user shall be solely
responsible if he/ she is not
able to utilize full features of his/ her subscription plans owing to non-availability of
necessary input parameters
as stated and required by the product. Some products and services may be offered for a
limited time or might require
you to upgrade your current subscription. In addition, if the purchased product or service
is located in an area
where the internet and data services are partially or fully inaccessible then Qubo would not
be responsible for any
corresponding loss of product features and services. You are also responsible for any
charges you may incur on the
product and services resulting from, including but not limited to, the transmission of data
online or cost of
internet services. You acknowledge that you are responsible for any such costs and expenses
incurred by you in
relation to use and access of Qubo Products and Services.
Pricing and Payment
You are solely responsible for the personal information and other data shared by you at our
platform while availing
our products and services. Please refer to our Privacy Policy to familiarize yourself with
the terms and conditions
of collection, use, storage and disclosure of your information in respect of use and access
of our products and
services. You are responsible for the protection of your personal data like login id,
password, and other sensitive
information. If you decide to share your account details with your family or friends, then
you are fully and solely
responsible in respect of the personal details you give them access to. In case of returns
or un-subscription of or
from any product or service, you are responsible for erasing all your personal data in your
account and the data
stored on your Product to the cloud. You are solely liable for storing and managing the data
and information that is
stored on your Product or via your Services. We expressly disclaim any obligation or
consequent liability and shall
not be responsible for the loss or management of such data.
Pricing and Payment
Pricing for our products and services is quoted in Indian Rupees (INR) and any kind of
payments or transaction with
our platform can only be accepted in Indian Rupees. Prices mentioned on the website or any
other online or offline
source might be subject to Goods Service Tax (GST) or any other tax in compliance with
applicable laws. You can opt
to pay via your VISA or Mastercard (debit or credit cards), cash payment or by using any
third-party payment gateway
(including but not limited to Razor Pay or any other opted platform) integrated with our
Product and Services. In
case of international credit cards, the transaction might be subject to currency conversion
charges based on your
bank’s credit card policy. Your order will only be confirmed once the payment is processed
(only in case of cashless
transactions) and you receive a formal order confirmation from Qubo. All products and
services offered by Qubo can
be availed by any potential user subject to the abovementioned permitted use and end-user
representations and
warranties. Your order for purchase upon finalizing a product constitutes your offer you
send to Qubo which will be
subject to the terms and conditions mentioned herein.
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Qubo reserves the right to accept or cancel your order partly or fully,
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Our acceptance of an order does not make us liable to provide you the product.
Dispatch of your product
is subjected to certain parameters like availability of the product with us,
accessibility of your
location to us to deliver the product or any other necessary condition. Our
acceptance of the order will
only be specified by the dispatch of the product requested by you from our end,
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In some cases, part of your order might not be immediately available with us, in
those case we reserve
the right to update you on the availability to seek a new delivery date or
cancel the pending order
altogether,
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We will notify you via suitable means such as email alert or SMS alert once the
product is dispatched for
delivery and that shall be deemed as acceptance of your order from Qubo,
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Qubo shall use best efforts to specify and display accurate data and product
images on the website.
However, actual products might vary in some respects from the one displayed on
the website,
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In case of any failed transaction via a card transaction or through a third-party
payment gateway, where
the amount is deducted from your account but not credited to Qubo’s account,
Qubo shall not be held
responsible for any refund obligations by the user. Any refund, payment charges,
card charges or any
other involved expenses shall be taken care by your respective bank or the
third-party payment gateway
(including but not limited to Razor Pay or any other opted platform) you are
using.
Please note that in respect of use of any third-party payment processors as specified above
whether now or in the
future, for any payments made on or through our platforms, the web-based or mobile
application and/or any products
and services, the processing of payments will be subject to the terms, conditions and
privacy policies of such
payment processors in addition to this Agreement. You acknowledge that neither we nor any of
our directors,
shareholders or other representatives shall be liable to you under any circumstances for any
direct, indirect,
punitive, incidental, special or consequential damages that result from or arise out of your
use of the
aforementioned payment processors, your payment through the aforementioned payment
processors or your ability or
inability to complete the payment to subscribe to any service.
Cancellation of order and Refund
In case of any failed transaction via a card transaction or through a third-party payment
gateway, where the amount
is deducted from your account but not credited to Qubo’s account, Qubo shall not be held
responsible for any refund
obligations by the user. Any refund, payment charges, card charges or any other involved
expenses shall be taken
care by your respective bank or the third-party payment gateway you are using. You can ,
however, contact Qubo
Customer Care specialist in case you need any further support.
For cancellation of order, please get in touch with Qubo Customer Care.
Third Party Services
The Third Party Services shall be available subject to the terms and conditions specified by
the relevant third
party and you are required to read, agree and comply with all such terms and conditions
while availing any Third
Party Services. Qubo does not make any representations or warranties relating to any Third
Party Services, including
its continued availability, performance, level of performance etc. Certain Third Party
Services may, including but
not limited to (i) may be available subject to certain prerequisites or conditions; (ii) may
not be available in
some areas and (iii) may be available subject to a separate subscription and payment of
fees. Qubo shall not be
liable for any Third Party Services, including any failure or deficiency therein.
You confirm that any Third Party Services availed by You will be at Your cost, approval
(whether express or
implicit) and discretion and Qubo does not make any representation as to its content(s),
availability, suitability,
tenure, continuality, appropriateness or quality of any Third Party Services.
Transfer of Ownership
On receipt of any Product by you, such Product shall be deemed to have been owned and
accepted by you in good
condition and will be liable to the terms and conditions of this Agreement, unless otherwise
notified to the Qubo
team for any irregularities with the product within 1 (one) week of purchase and such
notification is acknowledged
in writing within 2 (two) days by the Qubo customer service team. The user shall not be
entitled to withhold any
payment while any complaint is being resolved or any claim is being investigated. Any
returns will be covered under
our “Limited Warranty Statement”. Products returned under our relevant policy(ies) shall not
be damaged and shall be
as-new-as or as-shipped-by Qubo (or Qubo products). All the accessories, parts and
components accompanying the main
product like manuals, power supply adaptors, location indicators, power cables, or other
items included with the
Product, must be returned with it in a proper, safe and efficient manner.
Installation and Use
You agree and acknowledge that our Product is a Do-It-Yourself product and you are solely
liable for the decisions
you take as an individual related to the installation and use of the Products and Services.
This includes, but not
limited to, following the installation guidelines and user manual instructions for proper
installation, selection of
the installation location for the Product, availability of proper internet services for the
Product, availability of
live power supply for the Product, activation or deactivation of any additional product
accessory sought with the
Product, testing the Product and ensuring that it is working as per its use and
specifications and notifying Qubo of
any discrepancies within 1 (one) week of purchase, and compliance with all laws, rules,
regulation, and/or
ordinances. While using the Product you agree and acknowledge that:
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The Product is intended to be used as a monitoring device for personal use only.
The Product does not
provide any in-house or third-party alarm monitoring services, including any
automatic contact with
local police authorities. This is not intended to be used as a safety device,
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The Product does not alert, signal or trigger any kind of response via panic
buttons, sirens, smoke
detectors, motion sensors or doorbells,
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The Product is intended for non-time critical control and management of data and
information,
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You are solely responsible for responding to any email alert, SMS, push
notification or any other alert,
including communication with Qubo or any other appropriate authority associated
with the Product.
You acknowledge that Qubo is not responsible for any discrepancies or improper functioning
arising due to improper
installation of the Product or incapability of the user to use the Product correctly or in
compliance with the laws,
rules, regulations and/or ordinances. You as a user hereby, without limiting other sections
in this Agreement,
release Qubo from any damages, loss of data and information, improper functioning or
expenses incurred resulting
from or as a consequence of discrepancies related to the installation or use of the Products
and Services.
Communications Policy
Acceptance of this Agreement states that you agree to the below terms and conditions:
-
Qubo may send alert via email, text message, or by push notification to the email
and/or number shared by
you while opting for our Products and Services. These alerts will require your
phone to have an active
network service from a service provider and your phone settings should allow
receipt of a text alert.
While receiving email alert you should ensure that the e-mail servers and e-mail
id should be
functional. For receiving alerts via push notification for the mobile
application, the user should
ensure supporting phone settings. If your phone or e-mail server is not aligned
so as to receive the
alerts from Qubo then you might receive a delayed message or might not receive
any message at all,
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We will try our best to notify you via text message, email or push notification
on important data and
information related to Qubo product. It shall be deemed that you have received
the information shared
via the alert through the email id and/or phone number shared with us while
using our Platform or
availing our Products and Services. We will not be responsible if due to any
circumstances you are not
able to receive the alerts from Qubo team. This might include non-availability
of an active network or
internet services on your device, receipt of the alert by any other person
associated to you, or any
other reasonable condition,
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Please understand that sharing of information via alerts might be subjected to
error, omission or
inaccurate information based on certain factors, such as error while information
compilation, typo-error
or any other uncontrollable factor. This is an additional facility provided by
Qubo for your convenience
and it is your responsibility in case you observe any error or discrepancy in
the information shared, to
immediately notify Qubo and we shall make the best efforts to rectify the issue
at hand. Qubo shall not
be responsible for any loss, damage, claim, expense and/or legal cost arising
out of your usage of the
alert facility by us,
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In any case of misuse or unlawful use of the Products and services at your end,
misuse of the alert
notifications, supply of fraudulent information from your end, sharing of
incorrect number or sharing
any third-party number other than yours, states that you indemnify and not hold
Qubo or the email or
text alert service-providers responsible for any kind of losses incurred. Qubo
and its officials will be
held harmless and non-liable for any damages, losses, claims, compensations, and
expenses whatsoever
including any sort of expenses incurred related to legal proceedings.
Other Customer Responsibilities and Duties
By agreeing to this Agreement, the user agrees to below terms and conditions:
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The Product is deemed to be used for personal use only, not for commercial use or
any other use for the
benefit of any third-party,
-
The user is responsible for compliance with the laws, rules, regulation and/or
ordinances relevant to the
use of the Product, including but not limited to privacy rights, data sharing
policy, videos and audio
recordings, surveillance or any other activity associated to the use of the
Product,
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You are responsible to access the Product website and mobile application from a
trusted source and keep
your login detail, password and other personal information safe from being
misused by any other
individual(s) or third-party,
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You agree to fully indemnify, defend and hold harmless Qubo and waive any claims
against it or its
related associates in case you fail to comply the above stated conditions.
Product Dispatch and Delivery
Upon receiving any offer from a customer, we reserve the right to accept or reject the
order. Acceptance of any
order will only be considered from our end once the product is dispatched. Qubo shall
deliver the product to the
delivery designated by the customer as the “Billing Address” or “Place of Delivery” while
sharing his/ her personal
information. In case the order is shipped in parts then a different delivery policy and
schedule will be applicable
to the part orders processed separately. The delivery of any multiple parts of a single
order shall be free of any
terms and conditions stated on any individual part delivery or a previously delivered or a
non-delivered part. Qubo
shall try its best to deliver the products within the stated or proposed date of delivery,
but any such time
commitments shall not be considered part of this Agreement. Qubo shall not be responsible in
any delay or failure in
the delivery of the said products or services, whatsoever the reason may be. In
consideration of the continuous
on-going product update or any revision in specifications in order to improve the product
performance and provide
our users with a better experience, Qubo shall modify or discontinue any existing product in
its portfolio. We will
try to ensure that the revised products have the specifications and features of the product
ordered by the customer.
However, it is possible in some cases that our policy might result in slight differences
between the specification
and features delivered to the customer as compared to the specifications and features
ordered by the customer. Some
of the products might altogether be discontinued from being manufactured and the Qubo group
can no longer provide
the customer with the requested configuration, in such cases Qubo group will not be held
responsible for fulfilling
any such customer order or request. In any other discrepancies arising out of reasons like
pricing error,
unsuccessful attempt at purchase or the product being unavailable with Qubo, Qubo cannot be
held liable in any form
whatsoever. Qubo will try to contact the customer via suitable means and update them on the
suitable alternatives to
the products ordered by them.
Software License
The software embedded or associated with the Product is owned by Qubo or our business
partners and it is only
licensed, not sold to you. Product software includes but not limited to embedded software,
associated third party
software, documentation, data, interface or any other content accompanying your product.
Subject to terms and
conditions stated in this Agreement, Qubo allows you to select and use our services or
web-based/ mobile application
for a limited time based on your ongoing subscription plan. You have a grant for this period
to a limited,
non-licensable and non-exclusive license to use, install, run and access a copy of our
Product software on your
purchased Product or on your mobile phone/ smart device solely for the purpose of personal
and non-commercial
purposes. Our services might come integrated with third-party software, in which case the
terms of that product’s
software license shall govern the appropriate way and conditions to use the product. Qubo
reserves the right to shut
down or discontinue our products or platform without any prior notice. In any such event,
Qubo shall not be held
responsible for any loss of information or other loss/ damage in any manner whatsoever.
Unsupported Conduct
By accepting the terms and conditions of this Agreement, you agree not to:
-
Violate the terms and conditions of this Agreement,
-
Share false or fraudulent information while logging in or opting for our
Products and Services,
-
Violate Qubo’s or any third-party’s right to privacy or publicity and
intellectual property rights,
-
Use Qubo’s services including, but not limited to, our Product and Services,
platform or mobile
application in any manner that might damage, deform, impair or overburden it,
-
Use any automatic device or manual process to monitor or copy Qubo’s platform
or its stored data
without any prior written consent,
-
Use any device to bypass, interfere or attempt to interfere with our Products
and Services,
-
Indulge in any actions that might overload Qubo’s infrastructure or network
with unreasonable huge
amounts of data,
-
Sell or share the data stored on our network, unless you have a prior written
permission,
-
Share or transmit any data, message, image or video which is defamatory,
derogatory, offensive or
vulgar in nature, infringing rights of an individual(s) or a group(s) or
association(s),
-
Refuse to cooperate to provide confirmation or help with an ongoing
investigation regarding your true
identity or the personal information shared by you with Qubo,
-
Propagate or share false, defaming, incorrect or misleading information,
-
Avail Qubo’s’ Products or Services with what we believe or come to discover
as potentially fraudulent
funds,
-
Sell our Products and Services or data, information or software details
associated with or derived
from it,
-
Share or transmit any message or data which is derogatory, defamatory or
which shares or discloses
the personal and private matters of any individual(s),
-
Remove, disable, distort or otherwise interfere with security related
features or other features that
puts a limitation on the use of our products, services or platform,
-
Interfere or interrupt with our Products, Services, platform or associated
networks,
-
Use our products with any third-party accessories. You should only use Qubo’s
genuine accessories
with the products for the purpose of charging the product, use of any additional
sensor or any other
related product specific requirement,
-
Take any action that infringe our rights and rights of our associated
business partners or lead to
loss of any kind of services from our business partners such as mobile
operators, telecom operators,
payment processors or other suppliers,
-
Send or transmit an automated request of any kind via our products and
services, without any prior
written consent from us,
-
Breach this Agreement or any other Policy/ Statement related to usage or
purchase of our Products and
Services.
Termination in case of Violation
If in any scenario or circumstance, you breach any of the terms and conditions stated by
this Agreement or any other
Policy/ Statement associated with the use and access of our Products and Services, you
concur that Qubo, in its sole
discretion, for a specific or no reason, and without any kind of penalty, might suspend or
terminate your account or
part of your account with Qubo permanently, or until further notice, at any time. Qubo
reserves the right to also
not grant you access to any of our Product and Services fully or partly thereof, with or
without any prior notice.
You agree that in scenarios of the termination or suspension of your account or a part of it
thereof, your user
profile or your recipient profile based on the breach of this agreement or on account of any
inappropriate and
unlawful activity, Qubo shall not be held liable for the termination of your subscription or
services. We also hold
no responsibility for retrieving your stored and encrypted data with us. We reserve the
right to permanently delete
your data stored on cloud if we find it obsolete. Any suspected illegal, fraudulent, abusive
or offensive activity
shall be accounted as inappropriate and unlawful. These terms and conditions and associated
remedies are in addition
to any other solutions and remedies Qubo has defined in law or in equity. Upon termination
of your account, you
shall immediately stop using our Products and Services. Qubo will not be held accountable to
compensate for any
loss, damage or non-availability of your data including any legal expenses incurred by you
in this respect.
Limitation of Liability, Waiver and Liquidated Damages
Qubo provides you with Product and Services you choose. You acknowledge and warrant that we
are not insurers and nor
is the Agreement should be considered as an insurance policy or a substitute of an insurance
policy for the product.
You understand and agree that Qubo and our products does not provide a guaranteed protection
against robbery, theft,
burglary, fire, smoke, natural calamity, property damage, physical injury or any other type
of damage or emergency.
You are solely responsible for determining your personal or property insurance needs and
select a necessary
insurance plan. You are solely responsible for your personal safety and/or safety of your
premises and for the loss
or damage incurred by you or your property. Qubo will not be held responsible to provide you
with kind of
compensation in case of any incident in your premises (where product is installed) including
any damages, losses,
claims, compensations, and expenses whatsoever incurred due to property damage, personal
injury, robbery or any sort
of expenses incurred related to legal proceedings. You will be solely responsible or look
exclusively at your
insurer to compensate you for any kind of losses or damages incurred by you because of
property damage, bodily
injury, theft or invasion of privacy via the product allegedly used by you, including claims
made by and against
you. You hereby free Qubo from any and all losses or damages which may occur as a result of
your use of our Products
and Services. Your use, misuse, or attempted use of the product including, but not limited
to, the alleged failure
of the product to perform, the alleged failure of certain features not performing, your
alleged failure to respect
the privacy rights of others or your alleged failure to comply with the rules, regulation,
laws or ordinances
applicable to the product, shall be solely your responsible and Qubo will not be, in any
situation whatsoever, held
responsible for your actions.
You understand and agree that in case of returns or replacements, or any alleged product
failure, or any act of
omission of Qubo, the maximum aggregate liability of damages is only limited to the actual
amount you paid for the
product. In no circumstances Qubo will be liable to for any losses, damages, lost savings or
incidental, direct,
indirect, special or situational damages, arising out of your improper use, installation or
intended or accidental
breach of this Agreement, even if Qubo is advised/ informed of the possibility of such
losses or damages. The
limitation of liability to the price paid by you for the Qubo product states Qubo’s
exclusive liability to you and
applies to situation where Qubo is alleged to be liable for any losses, damages, physical
injury, theft, robbery,
invasion of privacy, property damage, or any other damage including, but not limited to, any
general, direct,
indirect, situational, consequential, or statutory damage caused by any alleged failure of
the product.
You have the opportunity to contact Qubo and modify the limitation to liability clause to
account Qubo for any
extended liability you assume we should be undertaking. By not limiting any sections of this
clause, you hereby
release Qubo and its business associates from any loss or damages incurred by you by owing a
Qubo product. You take
full responsibility for any loss, damage or expense incurred by you by alleged use or misuse
or improper
installation of Qubo Products and Services including any additional sensor installed with
the product. This
paragraph shall survive termination of this Agreement.
Overall Liability
Qubo shall provide support services for its outdated or out of warranty products. We shall
try our best to provide
you with the support services including any spare or additional service required for better
functioning of the
product. If in any scenario Qubo is not able to provide you with the requested service
resulting from various
reasons like non-availability of the spare part or altogether discontinuity of the requested
spare part, then Qubo
shall not be deemed responsible for any loss, damage or the interruption of service of your
product. Qubo, at its
sole discretion, may offer to provide you with a replacement, a refurbished or an upgraded
product. Qubo shall not
be responsible in contract or in tort for any loss, damage or expenses suffered by the
customer and your rights are
limited to those as stated in terms and conditions of this Agreement and under applicable
laws of India. In any
scenarios, Qubo’s liability shall not exceed the actual amount invoiced for the product or
service purchased by you
and any additional cost for the spares parts or an upgraded product will be bore by you.
Qubo shall not be liable
for any damages including, but not limited to, any damage to property, any incidental,
direct or sequential damages,
and loss of revenue, loss of opportunity, loss of goodwill or any loss arising out of use or
performance of Qubo’s
product or service. Any sales literature, product literature, website content or any other
product related
information is subjected to typographical, clerical, omission or other errors to the extent
provided by law. All the
product literature, sales guide, pricelist, quotation, offer of acceptance or any other
product related information
is subjected to correction without any liability on the part of Qubo. The stated terms and
conditions, under any
applicable law, cannot be excluded. Qubo’s liability to the breach of such conditions shall
be limited, at Qubo’s
option, to the replacement, service, and supply of an equivalent product or repair of the
existing product, as
deemed suitable by Qubo. This paragraph shall survive termination of this Agreement.
Indemnification
In a situation of an action or claim being filed or made against Qubo by you or any
third-party which is based on or
arises due to the product or service including, but not limited to, claims, actions and
lawsuits alleging the
product failed to perform in any respect whatsoever, or any other loss or damage arising out
of use or misuse of our
product or service, you agree to be solely responsible and agree to indemnify, defend, save,
support and hold Qubo
harmless from and against all such claims including payment of all our losses, damages, or
any legal cost incurred
by Qubo in response to the claim or lawsuit. These obligations hold true in all
circumstances irrespective of
whether such claim or lawsuit is based on active or passive use, misuse, negligence, breach
of terms and conditions
stated in this Agreement or our product policies, warranty, indemnification, product
liability, compliance failure
with the applicable laws or any other fault or failure of Qubo, others or the product. You
agree to save and defend
Qubo from all the claims or lawsuits for subrogation which may be brought against us by any
insurance company or
insurer or its agents or assigns. This includes all our losses, damages, or any legal cost
incurred by us in
response to such claims and lawsuits. You hereby waive all recovery claims against Qubo for
any loss or damage or
expense incurred to any person or property or any loss insured under any valid or
collectible insurance policy. This
waiver of subrogation will extend to all cases of subrogation including, but not limited to,
equitable and
convectional subrogation and shall be legally binding to any and all the assigns or
subrogates of your rights. Under
no circumstances you shall enter into any agreement or settlement with any other individual
or third party that
hampers, effects or binds Qubo’s rights in any way, without any prior written consent from
Qubo. This paragraph
shall survive termination of this Agreement.
Ownership: Proprietary Rights
Qubo’s products and services are owned, operated and sold by Qubo. The products, services,
visuals, graphics,
designs, software, computer code, product literature and all other elements of our products
and services, Qubo’s
platform and mobile application are subjected to and protected by Indian copyright, patent,
trade dress, trademark
laws, and all other intellectual, proprietary and applicable laws. You agree not to alter,
damage, remove or obscure
Qubo’s or its business partners’ rights, patents, products, services, trademarks,
proprietary rights, and notices
attached to or contained within or accessed in relation to our products, services or
platform. You agree not to
modify, sell, distribute, publicly display, edit, adapt or create derivative works or make
unlawful and unauthorized
use of our products and services and related material. You hereby peremptorily assign to
Qubo, and shall assign to
Qubo all rights, titles, interests, suggestions or intellectual property rights associated
herewith. You agree to
perform such acts or execute documents as may be necessarily required to perfect the
foregoing requests. If you have
any comments regarding Qubo’s products, services, platform or ideas on how to improve the
product performance, then
please contact our customer service for appropriate solutions. This paragraph shall survive
termination of this
Agreement.
Modification of the Agreement
Qubo reserves the right to change, modify, edit or delete certain or all clauses of this
Agreement at any time owing
to our continuous efforts to improve the product or introduction of new products and
services. We shall by suitable
means including, but not limited to, posting on the website, email communication or SMS
communication will notify
you on the new Agreement or any specific changes in the terms and conditions of the current
Agreement.
Governing Law and Dispute Resolution
Subject to the foregoing and provisions of this Agreement, all disputes under or in relation
to the Agreement and
use and access to Qubo Products and Services, software and/ or any content/ associated or
linked service/ upgrade/
software/ part/ component thereof shall be adjudicated by the competent courts in New Delhi
and such courts shall
have exclusive jurisdiction over such dispute matters. This Agreement is binding on your
heirs, executors,
administrators, and successors, and shall be governed by and construed according to the laws
of India without
reference to its conflicts of law rules. This paragraph shall survive termination of this
Agreement.
Effect of Waiver
To the extent that anything in or associated with use of and access to the Products and
Services is in conflict or
inconsistent with this Agreement, this Agreement shall take precedence and prevail. Our
failure to enforce any
provision of this Agreement shall not be deemed a waiver of such provision nor of the right
to enforce such
provision. Our rights under this Agreement shall survive any discontinuance of the access or
use of the Products and
Services. Further, any delay or forbearance on the part of Qubo in exercising any of the
rights available to it
shall not be construed as any waiver of any rights available to Qubo.
Independent Contractor:
No joint venture, partnership, employment, or agency relationship exists between any of the
end-users of our
Products and Services and Qubo and/ or Amazon (if applicable) or between any other third
party and Qubo and/ or
Amazon as a result of this Agreement or use of any Products or Services.
Assignment
You may not transfer to anyone else, either temporarily or permanently, any rights to use
and access/ browse the
Products and Services or any content/ service/ software/ upgrade/ part/ component thereof.
Any attempt by you to do
so is void. Qubo and/ or Amazon (if applicable) may assign, transfer, delegate and/or grant
all or any part of its/
their rights, privileges and properties hereunder to any person or entity.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, all claims, lawsuits,
actions and requests shall be
commenced within three months from the date of Qubo being notified on the particular issue
or the date the issue was
caused.
Notice
Qubo may provide you with notices and official communications via an e-mail, SMS, push
notification or by regular
mail or notification on Qubo’s platform or by any other reasonable means. Any communication
to Qubo can be shared at
our registered office address at us at Hero Electronix Private Limited, A-41, L-4, 2nd
floor, Mohan Cooperative
Industrial Estate, Main Mathura Road, New Delhi 110044 or reach us via mail at
helpdesk@quboworld.com
Severability
If any clause or provision of this Agreement is held to be improper, unlawful, void or
invalid or otherwise
unenforceable then that particular provision shall be edited or eliminated from this
Agreement to the minimum extent
required, and the remaining clauses and provisions shall remain unaffected and will remain
true and enforceable.
Cessation of Operation
QUBO and/ or Amazon (if applicable in case of Alexa enablement) or Google Assistant may at
any time, by its sole
discretion and without advance notice to you, cease operation of the Products and Services
or any content/
associated service/ upgrade/ software/ part/ component thereof and provision of any Products
and Services or any
content/ associated service/ upgrade/ software/ part/ component thereof or related devices
(if any).
Force Majeure
Qubo and/ or Amazon (if applicable upon Alexa enablement) and/ or Google Assistant will not
be deemed in default
hereunder or held responsible for any cessation, interruption or delay in the performance of
its obligations
hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war,
terrorism, armed conflict,
labour strike, lockout, or boycott.
Survival
Upon termination of this agreement, any clause or provision, by its nature, express terms or
otherwise stated, will
survive any such termination or expiration.
Entire Agreement
This Agreement is the entire agreement to be considered between you and Qubo before using
any of our Products,
Services or platforms and cannot be modified except any future modification the Agreement is
subjected to by Qubo.
Grievance Redressal Mechanism
Any complaints or concerns with regard to content and/ or breach of this Agreement
shall be immediately
informed to the designated Grievance Officer as mentioned below in writing or through
email at:
helpdesk@quboqorld.com
Hero Electronix Pvt ltd, 503, Rectangle-1, D-4, Saket District Centre, New Delhi-17
Customer Service Deptt Head.
Copyright Notice
© Hero Electronix Private Limited 2019. All Rights reserved.
PRIVACY POLICY
Qubo or Hero Electronix Private Limited (including any affiliates and associate companies),
(hereinafter referred to
as “Company”, “Hero”, “Qubo”,“us”, “our,” or “we” and terms of similar meaning) is engaged
in the business of
connected intelligent devices.
This privacy policy, as amended from time to time (the “Privacy Policy”) outlines how your
information (as defined
hereinafter) will be collected, used, processed and shared in connection with your access to
and/or use of our
products and services as described in detail herein below. Additionally, this Privacy Policy
forms part and parcel
of our terms and conditions (“Terms and Conditions”) and limited warranty statement
(“Limited Warranty Statement”)
which is included therein by this reference and can be specifically accessed at respective
product support page. The
Privacy Policy applies only to information collected by us or our trusted and authorized
partners and not to
information collected offline or through the websites of our third party business partners
or corporate affiliates,
even if their websites or services/ skills are linked to our products and services. We
recommend you (hereinafter
referred to as “you”, “your”, “user”, “end-user”, “customer” as applicable) to review the
respective privacy
statements of all the third parties with whom you interact.
The terms (whether capitalized or not) which have been used herein but are not specifically
defined shall have the
same meaning as attributed to such term in the Terms and Conditions or the Limited Warranty
Statement. The Terms and
Conditions, the Limited Warranty Conditions and this Privacy Policy are to be interpreted
harmoniously at all
events.
As we update, improve, change and expand our products and services and in view of changing
technology and legal
requirements and compliances thereof, this Privacy Policy may change or be modified from
time to time, so please
refer back to it periodically as you will be deemed to be governed by the terms of such
modified Privacy Policy, as
it comes into effect from time to time. If we make a significant or material change in the
way we use or share your
personal information (as defined hereinafter), we shall notify you on any changes by
suitable means. Your continued
usage of our services, products, websites and application shall come under the purview of
all the future changes
this Privacy Policy will be subjected to.
We consider your privacy of utmost importance and appreciate your trust that we do so
carefully and sensibly. For
the purposes of clarity, we state that the following Privacy Policy of ours in intended to
inform you about how we
collect, store, transfer, disclose or process the information you share with us in respect
to our services,
products, website or application.
The use, access, installation or general exploration of our products and services states
that you expressly consent
to our and our trusted and authorized partners’ collection, storage, use, processing and
disclosure of the
information (as defined hereunder) in accordance with the terms of this Privacy Policy and
the relevant Alexa or
Google Assistant controlled virtual assistant’s specific terms and conditions, disclaimer
statement(s) and privacy
policy(ies), which may be updated/ modified from time to time and shall be available for
periodic review by users at
their respective websites. You are not required to provide the personal information that we
have requested, but, if
you chose not to do so, in many cases we will not be able to provide you with our products
or services or respond to
any queries you may have.
For the purposes of this Privacy Policy, we determine the type, purposes, conditions and
means of processing of your
Information as per regulations in force.. For the purposes of clarity, this Privacy Policy
published and provided to
you herein is an electronic record , This electronic record is generated by a computer
system and does not require
your physical or digital signatures.
USER REPRESENTATIONS AND WARRANTIES
By using and accessing our website, products, services, web apps, mobile apps and other
services/ skills,
subscribing to user content and associated services, accessing our platforms and/ or by
providing your information,
you represent and warrant as follows:
-
You are of the legal age under the law applicable in the
jurisdiction from where you
access the abovementioned, subscribing to user content and associated services,
accessing our platforms
and/ or by providing your Information;
-
You have the lawful authority and capacity to contract and
be bound by this Privacy
Policy;
-
If you are accepting this Privacy Policy on behalf of a
company, limited liability
partnership or other legal entity, you have the authority to bind such entity to
this Privacy Policy
and, in such event, “you” and “your” as used in this Privacy Policy shall refer
to such entity (if
authorized by the Company);
-
You will comply with all laws and regulations applicable in your jurisdiction ;
and
SCOPE OF PRIVACY POLICY
This Privacy Policy encompasses the processing of your personal
information shared via our
products and services, including:
-
Qubo’s product website(s) addressed as https://www.quboworld.com
(“site” or
“website”) and application,
-
our Hardware product and parts/ components/accessories, including Qubo
branded products
(“products”),
-
services, including software services, technical support and services
assessible through our
products, Mobile App and/ or website and application (“web app”)
-
software you will download to your smartphone or tablet to access the
product services (“mobile
app”), and
-
paid services or subscription services, including services you can access
through our website or
web app or mobile app.
Our products and services are intended for personal/non-commercial usage only and is not
promoted to be used for
commercial purposes. The usage and access of the products and services for commercial
purposes by an
individual(s), group(s) or third parties, other than our direct associates, and
associated actions will not be a
responsibility of or impose any liability or obligation on Qubo.
INFORMATION THAT WE GATHER
We collect certain personal, non-personal and other information and correspondences
from you, as indicated
below, that we consider necessary for you to access certain products and services
(hereinafter collectively
referred to as “information”):
The personal information we collect from users helps us personalize and regularly
improve your experience
and help us with basic information about Internet trends, number of users, website
traffic, and related
content with us. Personal information means information that is about any
individual, or from which any
individual is directly or indirectly identifiable. Personal information shall
include all information that
can be linked to a specific individual or used to identify any individual, such as
(i) contact data (such as
Your e-mail address, phone number and account details and password); (ii)
demographic data (such as Your
gender, Your date of birth, nationality, zip code); (iii) details of consents
(records of consents given
with the date and time and other relevant information); (iv) billing and payment
information (as
applicable); and (v) any and all details that may be necessary from the Customer
(“personal information”).
Please note that the above list is not an exhaustive list and is only an
illustrative list.
We do not collect or otherwise process personal information about race, religion,
sexual orientation or
health or any other information that may be deemed to be sensitive under the
relevant laws and regulations
applicable in the relevant jurisdiction in the ordinary course of our business.
When browsing our website, you are not required to provide any personal
information unless and until
you choose to make a purchase or create an account.
Any content on the website or Alexa’s relevant Amazon entity (ies) or Google
Assistant’s relevant Google
entity (ies) or other public platform shared by you via reviews, comments,
blogs, discussion boards,
forums, user testimonials, scribbles, etc., becomes published content and are
not considered as personal
information and is not protected by the Company. We will not be responsible for
the accuracy or
filtration of any of the content posted on our website by you or any end user,
however, we will be
entitled to remove any content posted by any person on the website which we, in
our sole discretion,
consider offensive, discriminatory, racist, defamatory or inappropriate in
nature. Further, you are
responsible for any third-party personal information obtained, published or
shared through the use of
the website and confirm that you have the third party's consent to provide such
information to us.
When you visit the website or Alexa or Google Assistant’s public platform,
relevant non-personal
information may be collected such as domain and host from which you access the
internet, your internet
protocol (IP) address, operating system, browser type, and internet service
provider. This type of
information does not identify you personally.
We may also be collecting information through our products and services or
otherwise. Such data may be
backed up to the cloud (i.e., our own cloud software and/ or other third part
cloud services) and may be
retrieved or restored from such cloud. Such data collected may be used for
various purposes, including
but not limited to (i) undertaking market analysis including relating to
consumer and usage patterns;
(ii) undertaking marketing and promotion of targeted and selected goods and
services to you based on
your use of products, services, applications and your consumption patterns;
(iii) enhancing your user
experience; (iv) administering and processing your requests; (v) advertisement
profiling; and (vi)
audience measurement.
Our products and services may enable you to perform certain tasks using your
voice and other command
controls, including accessing certain third party services. In this regard, we
may collect, process
(either independently or along with other information/ data collected), store
and back up the voice and
other control commands and inputs in order to provide any services or improve
your user experience. Qubo
may also share the voice and other control commands and inputs with the relevant
third parties providing
third party services for and in relation to the third party services.
Qubo is not responsible for any information/ data collected from you by third
parties (including those
providing any third party services) and you are required to carefully review and
update yourself with
the terms and conditions imposed by and privacy policies and disclaimers set
forth by such third
parties.
We endeavour to provide you with choices and obtain your clear, decipherable and
indistinguishable
consent regarding the information and personal information you provide to us.
Please note that your
consent shall be as easy to withdraw as it is to give it, provided your use and
access to our products
and services and its associated/ linked services (including third party
services) may be disabled,
non-usable and may not be available at your own cost, risk and responsibility.
The user is free to share the information as per his/ her will. However, we
shall clearly state,
wherever applicable, if and why you must share your personal information and the
consequences in failing
to do so. Some services require specific personal information, failure to do so
might prevent you from
using the service in full capacity and its continuance thereof. We will not be
liable and/or responsible
for the denial of providing access to any products and services to you on
account of inadequacy of
information provided by you.
PERSONAL INFORMATION COLLECTED DIRECTLY FROM YOU
Log In/Registration
Initiating an account with us will require the user to provide certain key personal
information which will
be required for installation and registration with Qubo web apps and mobile apps
which is only collected by
us when you voluntarily submit it to us and provide consent thereof. For example, if
you voluntarily and
consensually request a product demo on the website, we consider the information we
collect to confirm and
process your request, update and respond to any questions you may have. The
information collected is
necessary or appropriate to fulfil the purpose of the visitor’s interaction with the
website and mobile
apps. Apart from basic personal information we might also collect information like
age, gender, consumer
habits, behaviours and patterns to further customize your experience with us. Users
can choose not to supply
certain information keeping in mind that it may prevent them from engaging in and
accessing/ using certain
website and mobile apps/ web apps related features. If you voluntarily initiate an
account on our website by
providing your personal information, we will receive the account information you
share in order to ensure
streamlined custom services and/or services you explicitly request. If required, we
also share this
information with certain intermediaries (such as trusted and authorized freight
carriers, shipping companies
and/ or product/service providers, etc) to process and ship your order, engage your
requests and otherwise
provide products and services to you.
Videos
Our products may capture, process and store videos that are made by you for various
time periods depending
on the subscription plan, device configuration and settings adopted by you. Qubo and
its trusted and
authorized partners do not use or modify these captured videos in any way, unless
required to share further
for legitimate business interests. Please read further to gain knowledge of the
circumstances in which Qubo
might share the stored information. The transit and storage of the collected data is
encrypted and only
accessible to the user via his/ her main registered account or via his/ her other
accounts as linked on our
platform, with your express consent. Additional personal information might be
required in case you are
trying to post or upload via the website or mobile apps or web apps in a personal or
public circle, like in
case of sending an invite to your family or friends.
Customer Service
We may collect information through our customer support team or communications team
that you have shared
voluntarily such as subscription details, product serial code, usage details,
voice-call recordings, any
complaints or issues raised, etc.
Subscription Services
In order to enjoy particular paid subscriptions or exclusive features/ skills, we
may collect necessary
credit card and billing address details. The user is free to not opt for sharing the
required details
keeping in mind that a failure to do so might prevent them from reaping the benefits
of the particular
service or subscription.
Correspondences
When you send emails or other communications to us, we may retain those
communications in order to process
your inquiries, respond to your requests and improve our platform, products and
other services. Further, the
email address you provide for order processing (in relation to product(s)
purchased), may be used to send
you information and updates pertaining to your order, in addition to receiving
occasional company news,
updates, related product or service information, etc, and you provide your express
consent thereof.
PERSONAL INFORMATION COLLECTED WHEN YOU USE, ACCESS AND ADOPT OUR PRODUCTS AND
SERVICES
Analytics Information/ Data
Certain information is collected and processed with users’ usage of the website and
mobile apps, such as log
files, number of visitors on the website, website traffic, preferences, interests or
other non-identifying
statistics. When you connect your smartphone or tablet to our mobile apps or website
we might collect and
analyse details including but not limited to IP address, login, name, email address,
password, phone number
and address. Our servers will log IP addresses and collect any third-party websites
and related information
via our user’s use of the website. Qubo uses this information to analyse the use,
viewership and access of
our website, to improve user experience and interaction with the website and provide
you with best possible
services. Our website might also map you IP address to be able to identify you and
your shopping cart.
Cookies
Cookies are stored strings of information used by websites on a user’s device. The
information is shared by
the browser to the website every time a user return. Qubo uses the automatic data
tracking technologies like
cookies and other tracking technologies in our products and services to help us
track and identify visitors,
map their website usage history, their interests, patterns and website access
preferences. Visitors who wish
to not share information via cookies can apt out of it by setting their browser to
refuse cookies before
using the website. Users should note that some functionalities might not be
available if a user disables
cookies. You may also choose to delete the cookies when and as you leave the
website.
Product Usage
Qubo collects information related to the use of our products
and devices by users. We
also collect data on the performance of our product and other devices, their parts/
components/ accessories
thereof. This is used to map and monitor various performance affecting parameters
including but not limited
to Internet speed, voltage, camera performance, storage information, or error
tracking.
Mobile Device
In case you are accessing our website or application on your
device including, but not
limited to, smartphones or tablets, then certain personal information might be
accessed like your location
and your contact list as per our terms and conditions. You can choose to not share
the details in which case
certain functionalities will be disabled.
PERSONAL INFORMATION COLLECTED FROM OTHER SOURCES
Social Networking Websites
If the user chooses to register or login through any social networking websites then
in that scenario, we
can access your basic profile information from such website to the extent
voluntarily allowed by you
depending on your account’s privacy settings. You understand and agree that all such
social networking
websites are governed by their respective privacy policies, which are beyond our
control. Once you leave our
platform or application or link your account with any third party websites including
social networking
websites, use of any information is governed by the privacy policy of the operator
of such social networking
website, which may differ from this Privacy Policy
Third Party Website Links and Services
We may provide links to some external third-party websites. The provision of any
such link does not mean
promotion or endorsement of the external website, website or websites, or the
product and services
offered by it. We do not share any personal information on behalf of our users
who choose to visit these
websites. However, every third-party website has an independent privacy policy
and we will not be
responsible for any kind of information collected or gathered by them. You can
refer to their particular
privacy policies and learn about how they store and process the data shared by
you.
If the user is himself/ herself providing us with his/ her third party’s
personal information then it
shall
be the user’s responsibility and consequently any obligations and liability
thereof to take proper
permissions before sharing such personal information such as sharing any login
details, names or images
of
your associated account users etc.
In summation, you can freely visit and browse our website and mobile app and
share personal information
as
and when you choose based on your express consent. Choosing to share certain
additional personal
information
can lead to access to additional functionalities, ease of access to login or
register, ease of creating
an
account with us, or placing a product or service/ skills order. We might also,
from time to time, opt to
send you updates regarding products, skills and services, special offers, update
on any change in the
Terms
and Conditions, or any other information we think might be of interest to you.
If you wish to not
receive
such updates, you can always opt and unsubscribe from the mailer list. You can
choose it at any time.
Any authorized third parties may collect certain data and information, including
sensitive personal data
and
information for, in relation to and/or in the course of providing the third
party services. The
collection and use
of data, including personal sensitive data, by the third parties shall be as per
the terms and
conditions and
privacy policies (including disclaimers and other statements) specified by such
third parties and Qubo
shall not
have any liability in this regard.
HOW IS THE INFORMATION USED?
The sole purpose of the use of your personal information shared by you is to provide
you with a better
product experience, continually improve the services offered by us and our website/
any of our platform and
applications and smoothen your experience as a user. We may use your personal
information shared to us for
following purposes:
-
we may use the information to communicate with you to personalize and
improve product and service
experience and process and fulfil Your request (if any),
-
for providing products and services and access thereto, we may disclose
your personal information
to the Company’s and/or other business partners (as applicable and if
required for the purposes
of our legitimate business interest),
-
to improve our products/ devices, provide requisite upgrades and
customizations and other
associated services,
-
for analytics purpose to understand how our products and services are
being used,
-
to ensure smooth functioning of our products and services and customer
support to take continuous
feedback in order to improve our existing services or provide our users
with any specific
customized service offered by our product,
-
to send marketing communications, product updates or special offers,
-
for safekeeping, safety, security and integrity of the Company, website,
any platforms,
applications and customers,
-
as and when required by laws and regulations or any government
undertaking or judiciary process
extending claim or jurisdiction over the Company or our associates,
-
to maintain your account with us and provide you with a customized
service based on your
preferences,
-
to enforce this Privacy Policy,
-
To contact you and to customise our communication with you and the
marketing material/
advertisement we and our partners share with you,
-
To publish any testimonials or reviews that You may have provided on Our
websites and other
online platform,
-
any other specific purpose in which case your consent will be asked prior
to using your personal
information, and
-
for any other purpose to give effect to the abovementioned.
HOW IS THE INFORMATION SHARED?
We do not share, disclose, sell or otherwise trade in any information or personal
information provided by
you with other persons/ entities or any third-party affiliates except for the
purposes of our legitimate
business interests and to facilitate your requested services based on any
information shared by you
voluntarily or in the following circumstances including but not limited to:
-
undertaking market
analysis including relating to consumer and usage patterns,
-
undertaking
marketing and promotion of targeted and selected goods and services to
you based on your use of
products, services, applications and your consumption patterns,
-
enhancing,
improving and personalizing your user experience,
-
administering and
processing your requests, complaints and inquiries, and/ or
-
advertisement
profiling and audience measurement.
Further, we may share, release or transfer information about
you, in respect of the
following
-
for
legitimate business purposes
(including but not limited to operating and upgrading our devices,
products and services, our
online platforms, conducting our business, or providing any service to
you), in accordance with
applicable law, with other entities within the Company group and/ or
trusted third parties,
-
when we
believe such release is
appropriate to comply with the applicable laws, enforce our online
platform policies, this
Privacy Policy, our devices/ products/ services security, information of
other end-users, or
protect ours or others’ rights, property, or safety, however,
non-personally identifiable
visitor/ viewer information may be provided to other parties for
marketing, advertising, or
other uses,
-
experts
and professional advisors
(such as accountants, auditors, or lawyers), subject to binding
contractual obligations of
strict confidentiality and non-disclosure,
-
we are
acquired or go for a merger
with another entity. In any such scenarios, Qubo will notify you before
the information is
shared or transferred. It also implies that any further services and
interactions will be a
subject to a new privacy policy,
-
we believe
it is necessary to
share the personal information in order to control, investigate or take
appropriate action
regarding any illegal activity, fraud or any situation involving or
causing any potential threat
to the safety of any person(s), entity(ies) or group(s), as and when
required by law and
judicial process, or in case of violation of our policy statement or
terms of service,
-
wherein
the access, use,
preservation or disclosure of such information is reasonably necessary ,
in good faith, to (a)
satisfy any applicable law, regulation, legal process or enforceable
governmental request or
court order; (b) enforce applicable provisions of this Privacy Policy,
including investigation
of potential violations thereof; (c) detect, prevent, or otherwise
address fraud, security or
technical issues; or (d) protect against imminent harm to the rights,
property or safety of
Qubo, its affiliates and associates and our users or the public as
required or permitted by
applicable laws,
-
to the
extent necessary for the
establishment, exercise or defence of legal rights and remedies, we
shall disclose information
to any relevant party, law enforcement agency or competent court of
applicable jurisdiction(s),
-
our
business partners or
marketing, promotional, advertising processes and additionally analyse
and suggest if any other
related product(s)/ service(s) that shall be suitable for your optimum
user experience in order
to further improve and customize your experience with us as a user,
-
for
purposes like product
shipment, freight carriers, processing credit card transactions and
orders or other necessary
service providers to facilitate the product as requested by you with
third party intermediaries,
-
you are
choosing to invite or link
in your circle in respect of our products and services, with your family
or friends, and/ or
-
in any
other situation in which
case we will seek prior consent before sharing, releasing or
transferring your information to
any third party.
LAWFUL BASIS FOR PROCESSING INFORMATION
As outlined in this Privacy Policy, we will not process your personal
information without a lawful
basis to do so and except for the purposes of legitimate business interest. We
may process your personal
information on the legal bases of: (i) consent (where We have obtained your
prior, free, unambiguous,
clear, indistinguishable, express consent to the processing; (ii) contract (if
you have entered into an
agreement with us and such processing is a necessary part thereof for the
purposes of legitimate
business interest); (iii) compliance with applicable laws; and/ or (iv) to
protect the vital interests
of any individual.
Further, we may also process certain personal information on the basis of the
following legitimate
business interests, provided that such interests are not overridden by your data
protection and privacy
rights and interests: (i) delivering the purchased products and services or
other associated/ linked
service requested by you; (ii) analyse and suggest if any other related product/
service shall be
suitable for you to improve, personalize and customize your user experience;
(iii) developing and
continuing to develop, upgrade and improve our products and services, our
website, our online and other
platform(s), learning from your user/ media consumption behaviour to better
serve you and other users;
(iv) helping us modify, upgrade, customize and/ or enhance our products and
services, our website, our
online and other platform(s) (online or otherwise), mobile app and web app,
software, and its
content(s)/ service(s), receiving insight as to what users like or dislike,
prefer, their habits and
patterns in respect of viewing or aspects thereof; and (v) providing a
consistent and secure user
experience in connection with our products and services, our website, our online
and other platform(s),
software and its content(s), any application, other associated/ linked services,
mobile app and web app.
RETENTION OF INFORMATION
We retain personal information and other information for as long as needed or
permitted in light of the
purpose(s) for which it was obtained and consistent with the relevant laws and
regulations of relevant
jurisdiction. The criteria for determining the duration for which we will keep
your personal information
and other pertinent information are as follows: (i) we will retain copies of
your personal information
and other pertinent information in a form that permits identification only for
as long as is necessary
in connection with the purposes set out in this Privacy Policy, the Terms and
Conditions, the Limited
Warranty Statement, any disclaimers and other statements, including for the
duration of time we have an
ongoing contractual and binding relationship with you and provide services to
you; (ii) if there is a
legal obligation to which we are subject (for example, certain applicable laws
require us to keep
records of your transactions (financial, payment related or otherwise) for a
certain period of time
before we can delete them); or (iii) keeping in view our legitimate business
interest, including any
litigation or regulatory investigations.
Notwithstanding the above, we may choose to delete the personal information
shared by the user(s) in
case the information is no longer required to carry out our legitimate business
interests and the
purposes for which we were processing the information for, a request to
discontinue a service or
deactivation of the account is received unless we are required by applicable the
relevant laws and
regulations of relevant jurisdiction or any other binding action to retain the
information for further
processing. In case of account/ service deletion or data purging, no backups
shall be made in our
systems/ servers/ networks whatsoever, at our sole discretion only. We may
choose to keep the
information in a form which does not permit identifying you personally.
We subject our cloud databases to periodic reviews and updates to gather
information which is obsolete
and no longer needs to be retained based on certain time periods, taking into
account the type of
service the user is offered, the duration of our relationship with you, the
customized service requested
by you, necessary retention periods, and following the specified terms and
conditions and the provisions
of this Privacy Policy.
ACCESSING, UPDATING AND DELETING YOUR INFORMATION
As a user of our products and services range, you may at any time access,
correct, delete, and change
or transfer your personal information that we hold, including registration and
account details.
Additionally, you may at any time access, delete or change the subscribed
services you have opted for.
You can update or modify the personal information you have included in your
profile or change your
username by logging in and accessing your account.
You can log in to manage your email preferences and follow the “unsubscribe”
instructions in commercial
email messages. If required by you, we will delete the personal information
provided by you in
connection with use and access of our products and services and all associated/
linked services/
content, including applications, software, etc, provided to you. We may retain
information about you for
the purposes authorized under this Privacy Policy, the Terms and Conditions and
the Limited Warranty
Statement and/ or other disclaimers or statements thereof, unless prohibited by
the relevant laws and
regulations of relevant jurisdiction. Thereafter, we will either delete your
personal information or
de-identify it so that it is anonymous and not attributed to your identity,
provided this may affect
your use and access to your purchased products and services, software,
applications and its associated/
linked services and content may be disabled, discontinued, non-usable and may
not be available.
Though you may delete your account, you acknowledge that we may retain certain
residual information in
connection with your account including but not limited to subscriber related
information, payment
details and complaints related data (if any). We shall retain your information
for our record even after
the deletion of your account associated with us and/ or any authorized third
party partner(s) only in
consonance with this Privacy Policy, the Terms and Conditions and the Limited
Warranty Statement and/ or
other disclaimers or statements thereof, including for the purpose of compliance
with legal obligations,
resolving of disputes and enforcing of agreements.
HOW INFORMATION IS PROTECTED?
We are very particular and diligent about the user experience of our end users
and ensure proper
safeguards to protect the personal information they entrusted to us. We use
reasonable security measures
to protect information from unauthorized access, maintain data accuracy, and
help ensure the appropriate
use/ disclosure of information. These safeguards take into account the
sensitivity of the information
that we collect, process and store and the current state of technology.
We take proper, adequate, efficient and best industry standards related
technical, physical,
administrative and managerial measures to protect your personal information
against accidental loss or
unlawful acquiring, unauthorised adulteration, or unauthorised access and misuse
or any other unlawful
way of information processing of the shared information trusted to us by the
users. We share, execute
and sign duly stamped and properly drafted contractual agreements with our
service providers (third
party or otherwise) to safeguard any information from being misused or unlawful
access that is in our
possession. Even with our best efforts we cannot promise 100% security in
certain cases owing to the
associated risks of sharing and receiving information via internet as the
internet is not 100% secure.
We encourage you to use your own discretion while sharing any personal
information voluntarily and
ensure not to share your login details, passwords or credit card details with
non-trustworthy sources.
We host all our products, services, applications, software, platforms, utilize
cloud services (i.e., our
cloud services and other trusted third party cloud services) in a protected
manner by utilizing a secure
server environment that uses firewalls and other advanced technology to prevent
interference or access
from outside intruders. After a transaction, your sensitive private financial
information (such as
credit cards and other sensitive information) will not be stored on our servers.
The foregoing is
subject to your compliance with the following:
-
You are
responsible for maintaining the security and confidentiality of your
user id and password while
using and accessing our products, services and applications. You
acknowledge that neither we nor
any of our directors, shareholders or other representatives shall be
liable to you under any
circumstances for any direct, indirect, punitive, incidental, special or
consequential damages
that result from or arise out of, or a breach or, or compromise of
registration of your user
account with us and/or your ability or inability to use the user
account; or
Further, you agree and undertake that any information you share on your public
profile on our website,
platform or Amazon affiliated websites, platform or applications or with your
friends and family via the
website or mobile apps will be your responsibility and consequently you shall be
imposed with related
obligations and liability thereof. We are also not responsible for any personal
information you share in
associated groups, forums or discussions which are public in nature whether such
information has been shared
on our website, platform, and applications and/ or Amazon affiliated websites,
platform or applications or
any of our authorized third party platform(s) and tool(s).
CAN USERS ACCESS THE INFORMATION?
You have the right to request access to receive details about the personal
information we collect, retain
and maintain about you in order to correct or update any inaccuracies in your shared
personal information,
to have your shared details deleted or blocked. Most of the shared information will
be directly available
for access under your account with the website or mobile apps. You can also exercise
your right to data
portability to ensure seamless transfer of your shared information with any third
party at your own
discretion, in that case these rights will be subjected to local applicable laws and
regulations.
CAN CHILDREN ACCESS THE PRODUCTS AND SERVICES?
Our products and services are meant to be used by adults only. We suggest any
use of our product and
services by children below the legal age to be considered as an adult should be
carefully supervised by
a capable and sound adult or guardian. Any discrepancies arising out of any
unsupervised usage of our
products or services will not be our responsibility and consequently any
imposition of obligations or
liability thereof shall not be attributable to us.
NOTE: SOME OF OUR PRODUCT AND SERVICES COME OR WILL COME INTEGRATED WITH THE
AMAZON ALEXA SOFTWARE
(“ALEXA SOFTWARE”) OR GOOGLE ASSISTANT SOFTWARE AND ANY VOLUNTARY USAGE OF THE
ALEXA AND GOOGLE
ASSISTANT SERVICES WITH OUR PRODUCT MIGHT BE SUBJECT TO CERTAIN PRIVACY
GUIDELINES FROM THE ALEXA OR
GOOGLE SOFTWARE AVAILABLE FOR USER’S REVIEW AT RESPECTIVE WEBSITES. FROM TIME TO
TIME ALEXA OR GOOGLE
ASSISTANT MIGHT USE AND STORE INFORMATION BASED ON YOUR SOFTWARE USAGE AND BASED
ON THE INFORMATION
COLLECTED BY ITS WEBSITE AND BROWSER EXTENSION SOFTWARE (“TOOLBAR SERVICE”). HOW
IS THE INFORMATION
STORED AND WHAT ALEXA OR GOOGLE ASSISTANT DOES WITH IT IS UNDER ANY
CIRCUMSTANCES NOT THE LIABILITY OF
OUR COMPANY AND SHALL BE SUBJECT TO ALEXA’S OR GOOGLE ASSISTANT’S PRIVACY
POLICIES, TERMS AND CONDTIONS
AND DISCLAIMERS/ RELATED STATEMENTS THEREOF, WHICH MAY BE UPDATED/ MODIFIED FROM
TIME TO TIME. WE AS A
COMPANY ARE NOT ASSOCIATED WITH ANY TYPE OF DATA COLLECTION OR SHARING ON BEHALF
OF ALEXA’S OR GOOGLE
ASSISTANT’S SOFTWARE AND DISCLAIM AND DO NOT ASSUME ANY RESPONSIBILITY OR
OBLIGATIONS AND CONSEQUENTLY
ANY LIABILITY ARISING DUE TO USAGE OF ALEXA OR GOOGLE ASSISTANT SOFTWARE BY THE
USERS.
INTERNATIONAL TRANSFER OF DATA
To facilitate the provision of our products and services to you, we may store and
send your personal
information outside the country where you reside or are a national of, including
countries which may have
privacy protection laws that are less stringent than the ones at the country you
reside in. We are committed
to protect your personal information during such transfers. However, by using and
accessing your authorized
and purchased products/ devices and services and thereby giving your consent
thereof, you agree and consent
to the transfer to and processing of personal information on servers located outside
of the country you
reside in and that the protection of such information may be different than required
under the laws of your
residence or nation.
YOUR CONSENT
By using and accessing our products and services, subscribing to user content and
associated services,
creating your user account, accessing our website, platforms and/ or by providing
your information, you
consent to the collection, storing, retention (as per applicable laws), use and
sharing of such information
in accordance with this Privacy Policy. You specifically agree and consent to us
collecting, storing,
processing, transferring, retaining (as per applicable laws of India) and sharing
information (including
personal information) related to you with authorized third parties, our trusted
partners and agents, service
professionals including vendors for the purposes as set out in this Privacy Policy.
HOW TO CONTACT US?
If you have any further questions, suggestions or comments about this Privacy Policy
and our Terms And
Conditions, our Limited Warranty Statement or would like to request any update in
our privacy guidelines
then you can reach us at WhatsApp on +91 8178977914 or at helpdesk@quboworld.com or
write to us at Hero
Electronix Private Limited, A-41, L-4, 2nd floor, Mohan Cooperative Industrial
Estate, Main Mathura Road,
New Delhi 110044.
GRIEVANCE REDRESSAL MECHANISM
Any complaints or concerns with regard to content and/ or breach of this
Privacy Policy shall be
immediately informed to the designated Grievance Officer as mentioned below in
writing or through email
at:helpdesk@quboqorld.com
Hero Electronix Pvt ltd, 503, Rectangle-1, D-4, Saket District Centre, New
Delhi-17
Customer Service Deptt Head.
Copyright Notice
© Hero Electronix Private Limited 2019. All Rights reserved.