AGREEMENT TO USE
Terms and Conditions
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#privacy-policy], 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 Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
(i) “Agreement” or “agreement” shall refer to this agreement to use providing and detailing the terms and conditions of use of Qubo products and services,
(ii) (ii) “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,
(iii) “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,
(iv) “Qubo” , “HERO”, “Our”, ‘we’’ or “us” shall refer to and include Hero Electronix Private Limited, its shareholders and associated partners and subsidiaries,
(v) “Limited Warranty Statement” shall refer to Qubo’s limited warranty terms and conditions, as provided and updated at [https://www.quboworld.com/privacy-policy#privacy-policy]
(vi) “Product” or “product” shall refer to any and all Quboproduct(s) mentioned in our portfolio online or offline including but not limited to our indoor security cameras and their associated sensors and/ or such other products, devices, items and articles and their components, parts and accessories thereof that will be introduced in the future, from time to time,
(viii) “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.
(ix) “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.
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 18 (eighteen) years age 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 under the age of 18 (eighteen) years. Your use of products and services states that you are 18 (eighteen) years of age or older 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 18 (eighteen) years or older 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:
(i) 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;
(ii) maintain the security of your and any sub-user passwords;
(iii) 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;
(iv) notify us immediately of any breach of security or any unauthorized use/ access of your user account or any sub-user account (if any);
(v) 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;
(vi) 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
(vii) 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:
(i) 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.
(ii) Accessing, using or tampering with the non-public areas of any of our software, platforms, networks or our systems.
(iii) 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.
(iv) Breach or circumvent or attempt to break or circumvent our authentication and security processes and measures of our systems or networks.
(i) All applicable Alexa terms and conditions, disclaimers and privacy statements as issued, updated and revised from time to time by Amazon or any other Amazon affiliated entity shall govern the terms and conditions of use (including but not limited to data protection and data privacy terms) of Alexa enabled features and skills in respect of our Products and Services.
(ii) This Agreement deals with use and access of our Products and Services in addition to use of features accessible through Amazon’s Alexa. 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 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.
(iii) You undertake to take all the necessary measures to preserve, in good condition, our products and devices purchased, used and accessed by you.
(iv) 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.
(v) 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.
(vi) 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.
(vii) 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).
(viii) 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.
(ix) 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
(x) / 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 (a) delays, delivery failures, or other damages as a result; (b) issues related to the performance, operation or security of the Products and Services, any web-based or mobile application, software and cloud services and other related or pertinent content/ services that arise as a consequence therefrom.
(xi) You acknowledge and agree that the entire risk arising out of your use of the Products and Services, any web-based or mobile application, software and cloud services and other related or pertinent content/ services remains solely with you. Your use of the Products and Services, any web-based or mobile application, software and cloud services and other related or pertinent content/ services includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions due to use of and access to the Products and Services, any web-based or mobile application, software and cloud services and other related or pertinent content/ services constitute your agreement and intent to be bound by and to pay for the services provided by the by us and our authorized third parties.
(xii) By virtue of use and access of the Products and/ or Services by you, Qubo disclaims any liability or responsibility with respect to any data intended for you, including but not limited to advertisements, marketing and promotional materials, value deals, etc., either by Qubo or by any trusted and authorized third party(ies) on behalf of Qubo.
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
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.
(i) Qubo reserves the right to accept or cancel your order partly or fully,
(ii) 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,
(iii) 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,
(iv) 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,
(v) 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,
(vi) 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.
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:
(i) 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,
(ii) The Product does not alert, signal or trigger any kind of response via panic buttons, sirens, smoke detectors, motion sensors or doorbells,
(iii) The Product is intended for non-time critical control and management of data and information,
(iv) 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.
Acceptance of this Agreement states that you agree to the below terms and conditions:
(i) 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,
(ii) 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,
(iii) 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,
(iv) 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 Quboor 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:
(i) 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,
(ii) 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,
(iii) 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,
(iv) 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.
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.
By accepting the terms and conditions of this Agreement, you agree not to:
(i) Violate the terms and conditions of this Agreement,
(ii) Share false or fraudulent information while logging in or opting for our Products and Services,
(iii) Violate Qubo’s or any third-party’s right to privacy or publicity and intellectual property rights,
(iv) 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,
(v) Use any automatic device or manual process to monitor or copy Qubo’s platform or its stored data without any prior written consent,
(vi) Use any device to bypass, interfere or attempt to interfere with our Products and Services,
(vii) Indulge in any actions that might overload Qubo’s infrastructure or network with unreasonable huge amounts of data,
(viii) Sell or share the data stored on our network, unless you have a prior written permission,
(ix) 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),
(x) 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,
(xi) Propagate or share false, defaming, incorrect or misleading information,
(xii) Avail Qubo’s’ Products or Services with what we believe or come to discover as potentially fraudulent funds,
(xiii) Sell our Products and Services or data, information or software details associated with or derived from it,
(xiv) 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),
(xv) 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,
(xvi) Interfere or interrupt with our Products, Services, platform or associated networks,
(xvii) 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,
(xviii) 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,
(xix) Send or transmit an automated request of any kind via our products and services, without any prior written consent from us,
(xx) 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.
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, 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, supply of an equivalent product or repair of the existing product, as deemed suitable by Qubo. This paragraph shall survive termination of this Agreement.
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.
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.
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.
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 email@example.com.
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) 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).
Qubo and/ or Amazon (if applicable upon Alexa enablement) 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.
Upon termination of this agreement, any clause or provision, by its nature, express terms or otherwise stated, will survive any such termination or expiration.
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:
Hero Electronix Pvt ltd, 503, Rectangle-1, D-4, Saket District Centre, New Delhi-17
Customer Service Deptt Head.
© Hero Electronix Private Limited 2019. All Rights reserved.
Legal Notices for Qubo
© 2019 Hero Electronix. All rights reserved.
Qubo and all related logos and motion marks are trademarks of Hero Electronix, or its affiliates..
All other brands, product names, company names, trademarks, and service marks are the properties of their respective owners.
INFORMATION FOR THOSE WITH COPYRIGHT CONCERNS
We at Qubo, respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Qubo copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Qubo that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Qubo’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:
Hero Electronix Legal Department
503, 5th Floor, Rectangle 1,
D4, Saket District centre,
New Delhi -110017
phone: (+91) (11) (49816300)
Hero Electronix Legal Department
503, 5th Floor, Rectangle 1,
D4, Saket District centre,
New Delhi -110017
Important Notice: Please refer to Amazon website for legal details related to Alexa.
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.
USER REPRESENTATIONS AND WARRANTIES
By using and accessing our site, 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:
(i) You are at least 18 (eighteen) years old or 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;
(iv) You will comply with all applicable laws and regulations of India; and
(i) You shall 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;
(i) Qubo’s product website(s) addressed as https://www.quboworld.com (“site” or “website”) and application,
(ii) our Hardware product and parts/ components/accessories, including Qubo branded products (“products”),
(iii) services, including software services, technical support and services assessible through our products, Mobile App and/ or website and application (“web app”)
(iv) software you will download to your smartphone or tablet to access the product services (“mobile app”), and
(v) 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. We, as a company, hold no liability for any attempt to gather information through our products and services once it is out of our jurisdiction.
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 applicable laws of India in the ordinary course of our business.
When browsing our site, 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 site or Alexa’s/ relevant Amazon 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 site by you or any end user, however, we will be entitled to remove any content posted by any person on the site 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 site and confirm that you have the third party's consent to provide such information to us.
When you visit the site or the Alexa 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 its 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
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 site, 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 site 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 site and mobile apps/ web apps related features. If you voluntarily initiate an account on our site 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.
Our products will 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 site or mobile apps or web apps in a personal or public circle, like in case of sending an invite to your family or friends.
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.
In order to enjoy particular paid subscriptions or exclusive features/ skills, we will 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.
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 site and mobile apps, such as log files, number of visitors on the site, site traffic, preferences, interests or other non-identifying statistics. When you connect your smartphone or tablet to our mobile apps or site 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 sites and related information via our users use of the site. Qubo uses this information to analyse the use, viewership and access of our site, to improve user experience and interaction with the site and provide you with best possible services. Our site might also map you IP address to be able to identify you and your shopping cart.
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.
In case you are accessing our site 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 Sites
Third Party Website Links and Services
If the user is himself/ herself providing us with his/ her third party’s personal information then 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 site and mobile apps 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 site/ 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:
(i) we will use the information to communicate with you to personalize and improve product and service experience and process and fulfil Your request (if any),
(ii) 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),
(iii) to improve our products/ devices, provide requisite upgrades and customizations and other associated services,
(iv) for analytics purpose to understand how our products and services are being used,
(v) 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,
(vi) to send marketing communications, product updates or special offers,
(vii) for safekeeping, safety, security and integrity of the Company, site, any platforms, applications and customers,
(viii) 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,
(ix) to maintain your account with us and provide you with a customized service based on your preferences,
(xi) To contact you and to customise our communication with you and the marketing material/ advertisement we and our partners share with you,
(xii) To avoid fraud and other prohibited or illegal activities,
(xiii) To publish any testimonials or reviews that You may have provided on Our websites and other online platform,
(xiv) any other specific purpose in which case your consent will be asked prior to using your personal information, and
(xv) 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:
(i) 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,
(iii) expertise, services and advise of professional advisors (such as accountants, auditors, or lawyers), subject to binding contractual obligations of strict confidentiality and non-disclosure,
(v) 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,
(vii) to the extent necessary for the establishment, exercise or defense of legal rights and remedies, we shall disclose information to any relevant party, law enforcement agency or competent court of applicable jurisdiction(s),
(viii) 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,
(ix) 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,
(x) you are choosing to invite or link in your circle in respect of our products and services, with your family or friends, and/ or
(xi) 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
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 site, 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 site, 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 site, 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
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 laws of India 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.
ACCESSING, UPDATING AND DELETING YOUR INFORMATION
As a user of our products and services range, you may at any time access, correct, delete, 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.
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:
(i) You are responsible for maintaining the security and confidentiality of your user ids and passwords while using and accessing our products, services and applications, using echo-enabled services and other lined services as a user. 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 site, platform or Amazon affiliated sites, platform or applications or with your friends and family via the site 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 site, platform, applications and/ or Amazon affiliated sites, 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 site 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 18 (eighteen) years of age 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.
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.
HOW TO CONTACT US?
GRIEVANCE REDRESSAL MECHANISM
Hero Electronix Pvt ltd, 503, Rectangle-1, D-4, Saket District Centre, New Delhi-17
Customer Service Deptt Head.
© Hero Electronix Private Limited 2019. All Rights reserved.
Safety and Compliance Information
Use Responsibly. Read all instructions and safety information before use.
FAILURE TO FOLLOW THESE SAFETY INSTRUCTIONS COULD RESULT IN FIRE, ELECTRIC SHOCK, OR OTHER INJURY OR DAMAGE.
Maintaining Your Qubo Smart Indoor Camera
Liquid ingress on Qubo Smart Indoor camera, hence forth referred as Device, has to be avoided. Keep it away from wet locations like sink or bathroom. Take care not to spill any food or liquid on your Device and do not put any object filled with a liquid, such as a vase, on or near your device. If your device gets wet, carefully unplug all cables without getting your hands wet and wait for the device to dry completely before plugging it in again. Do not attempt to dry your device with an external heat source, such as a microwave oven or hair dryer. Immediately contact Qubo Customer Care for further assistance.
Clean the device with a dry soft cloth. Do not to wipe it with anything abrasive or harsh chemicals. Don't expose your device to steam, extreme heat or cold. For example, do not install your device near any heat sources such as space heaters, heater vents, radiators, stoves, or other things that produce heat.
Use of third party accessories may impact your device's performance. Use only accessories recommended by Qubo.
Device does not have an on/off button. If you wish to stop power from flowing into your device, unplug the power adapter. Only use the included power adapter with your Device. Do not force the power adapter into a power outlet. If the power adapter or cable appears damaged, discontinue use immediately. Contact Qubo Customer Care immediately .Do not plug multiple electric devices into the same wall socket. Overloading a socket can cause it to overheat and may result in a fire.
Please keep your device on a flat , non slippery heat resistant surface.
Servicing Your Device
If your device is not working as intended , please contact Qubo Customer care at our Tollfree number 18005725757 or write to us at firstname.lastname@example.org. Unauthorised service will void the warranty.
Other Safety Considerations
- Do not touch your Qubo or any wires connected to your Qubo device during a lightning storm
- Small parts contained in your device and its accessories may present a choking hazard to small children.
Correct disposal of the product
If at any time in future you should need to dispose of this product please note that, Waste electrical products should not be disposed of with household waste. For the purpose of recycling, to facilitate effective utilisation of resources, please return this product to a nearby authorised collection centre/ recycler/ Service centre / Registered Dismantler, when disposing of this product. In case of further information , please contact our Toll Free helpline number
- Actual product colour and composition may vary.
- Actual mobile app screens may vary.
- Subscription plans must be subscribed to access certain features of the devices.
- To enjoy all the benefits, the highest subscription plan needs to be purchased.
- All Qubo and Hero Electronix logos are the trademarks of Hero Electronix Pvt. Ltd.
- Specifications and features are subject to change without prior notice.
- Amazon, Alexa and all related logos are trademarks of Amazon.com, Inc. or its affiliates. ·
- Qualcomm Vision Intelligence Platform is a product of Qualcomm Technologies, Inc. and/or its subsidiaries. ·
- Face recognition works best when you are facing the lens directly at a close distance and in proper ambient lighting ·
- Baby Cry Alert works only with kids up to the age of 2 years. ·
- No animals were harmed during the photoshoot in certain images.