Terms and Conditions

Last updated on November 28, 2024

AGREEMENT TO OUR LEGAL TERMS

QRCodeChimp.com ("QRCodeChimp", "we", "us", and "our") provides you access to its interactive online websites and services subject to the following Terms of Use. Please read the following Terms of Use carefully before using this website or other services that we provide. By accessing or using our website or our services (other than to read this for the first time), you agree to these Terms of Use.

These Terms of Use (also sometimes referred to as the "User Agreement"), together with our Privacy Policy and any additional terms that might apply to certain products or services, govern your use of any of our websites and your use of any other services we provide, including our surveys, reviews, newsletters, panels, communities, or other services (collectively, our "Service"). Our websites include sites such as but not limited to www.qrcodechimp.com and all other websites on which we place these Terms of Use (collectively, our "Site").

"QRCodeChimp", "we", "us", and "our" may collectively refer to QRCodeChimp.com and its officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries, and their related companies.

You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We may, from time to time, modify or change the Terms of Use. Any revised version of the Terms of Use will be posted on our Site, and the revised Terms of Use will govern your future use of our Site and Service. You should return to our Site periodically to review these Terms of Use. If you do not agree to the revised version, you must immediately stop using our Site and Service.

Our Services include, among other things, delivering search results for products and services offered by third-party Merchants. We are NOT a party to any transaction you may enter with Merchants. If you have any questions, concerns, or claims regarding a product or service you purchased by initiating a search using our Services, please address these to the relevant Merchant.

Our Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for our Services.

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws if and to the extent local laws are applicable.

2. INTELLECTUAL PROPERTY

Our Site, Service, and related content (and any derivative works or enhancements of the same), including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, "Site Content"), and all intellectual property rights to the same are owned by us, our licensors, or both. Additionally, all trademarks, service marks, trade names, and trade dress that may appear on our Site or Service are owned by us, our licensors, or both. Except for the limited use rights granted in these Terms of Use, you shall not acquire any right, title, or interest in our Site or Service. Any rights not expressly granted in these Terms of Use are expressly reserved.

3. YOUR USE OF OUR SERVICES

(a) To access or use some content or features of our Site or Service, you may choose to provide us certain information, we may require you to provide certain information, or require that you establish an account with us through registration. Your access to certain content or features may be limited if you are not 18 years of age or older or the legal age in your jurisdiction to form a legally binding agreement or for other reasons. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

(b) Whenever you submit information to us, you agree to provide true, accurate, and complete information and agree to, if the option is available, promptly update the information if there have been changes to the information you provided.

(c) Accounts - We may also impose restrictions on your ability to establish an account (e.g., age limits, restrict business entities from setting up accounts, limitations on the number of accounts, etc.). When registering an account, you may need to select a username ("ID") and password. You are responsible for keeping your ID, password, and other account information confidential and are fully responsible for all activities that occur under your account, whether or not you authorized such activities. You agree to notify us immediately of any breach of security or unauthorized use of your account or ID and password by sending an email to us.

(d) Uploading Data and Using Communication Services - Some of our features or services may allow you to communicate to or upload data of the other users or entities, such as, but not limited to, your employees, clients, and potential clients. In any such case, you are responsible and liable for obtaining the consent of those users or entities whose data you are uploading or communicating with, and you shall defend, indemnify, and hold us completely harmless from any consequences of uploading such data or communicating to such users or entities through our services.

Our Site and Service (including, without limitation, Site Content and User Content) are provided for your information and personal, non-commercial use only. When using our Site or Service, you agree to comply with these Terms of Use and all applicable federal, state, and local laws.

If you enter or upload any data of other users or clients, from a GDPR compliance liability perspective, you agree that you have the appropriate rights and permissions to the data and that you may be considered as the data controller, and QRCodeChimp may just act as the data processor. You indemnify QRCodeChimp from any claims, including GDPR or other privacy law violations.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to support@qrcodechimp.com. If we ever grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright, credit, or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms, and your right to use our Services will terminate immediately.

4. LIMITATION, SUSPENSION OR TERMINATION

(a) We may, in our sole discretion, temporarily or permanently change, limit, suspend, or terminate your access to our Site or Service (including any Site Content or User Content) without prior notice. We may do so based on changes to our business practices (e.g., eliminating a Service, etc.), if you violate the letter and spirit of these Terms of Use or for any other lawful reason. If any information you provide is untrue, inaccurate, outdated, or incomplete, we have the right to suspend or terminate your account and deny any current or future use of the Services (or any part thereof). You agree that we are not liable to you or any third party for any such action.

(b) Any limitation, suspension, or termination we impose shall not alter your obligations to us under these Terms of Use. The provisions of these Terms of Use, which by their nature should survive any such action on our part, shall survive, including, but not limited to, the rights and licenses that you have granted to us in your User Content and provisions relating to indemnities, releases, disclaimers, limitations on liability, mandatory arbitration, no class action, and all of the miscellaneous provisions in this document.

(c) If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation, pursuing civil, criminal, and injunctive redress.

(d) Security Breaches and Fraudulent Activities: In the event that your account is determined to have been involved in phishing, hacking, or any other fraudulent activities, QRCodeChimp reserves the right to permanently suspend your account and pursue legal action as deemed appropriate, including notifying law enforcement authorities.

5. QR CODES

You understand that, on our Site or via our Service, any data entered to create the QR code or to create any of the landing pages of the QR Code, such as but not limited to Digital Business Card, Forms, Business Page, Product Page, is visible and accessible to anyone scanning the corresponding QR Code or corresponding URL of the QR Code. Such data will be considered as Public. You must take extra care not to enter any sensitive data in the QR codes or on the landing pages. You must hold us harmless and indemnify us for any liabilities, damages, losses, claims, disputes, or legal actions that arise directly or indirectly from any such data.

If you delete your dynamic QR code(s) or your QRCodeChimp account, the short URLs associated with your QR codes will be recycled and may be claimed by other QRCodeChimp users. You will no longer have any rights to those short URLs.

6. FORMS AND DATA INPUT FOR LANDING PAGES

You understand and agree that any data you submit on the QRCodeChimp, including but not limited to landing pages, white-labeled pages, via any submission mechanism such as but not limited to forms and similar features provided by us, will be accessible to the account owner who created or has access to the corresponding landing page or form. This data may be fully managed, controlled, and utilized by the account owner. QRCodeChimp has no control over what users input into these forms and landing pages and is not responsible for the accuracy, legality, sensitivity, or appropriateness of any data uploaded or submitted by users. Accordingly, QRCodeChimp shall not be liable for any misuse, unauthorized disclosure, or inappropriate handling of any data uploaded or submitted by users.

The privacy policy and terms of use governing this data may be determined solely by the corresponding account owner (or the QR Code editor in case edit-access is shared), provided they do not conflict with these Terms and Conditions or our Privacy Policy. In the event of any conflict between the terms and policies set by the account owner and those stated on this page, the terms and conditions stated here will prevail. For the purposes of GDPR compliance, such account owners may be considered Data Controllers, while QRCodeChimp acts solely as a Data Processor, without any liability regarding the data's management or misuse.

QRCodeChimp expressly disclaims any responsibility for any losses, damages, claims, disputes, or legal actions that may arise directly or indirectly due to the handling, processing, or misuse of such data by the account owner or any third party. You agree to indemnify, defend, and hold QRCodeChimp harmless against any liabilities, damages, losses, claims, disputes, or legal actions that result from the collection, use, handling, or misuse of the data submitted via our services such as but not limited to forms, form features, and landing pages.

For any data deletion requests or other concerns related to data submitted, you should contact the owner of the form directly, as QRCodeChimp does not manage or control such data once it has been submitted.

If you are the account owner or have access to a shared account that created or has access to the form data, you agree to release QRCodeChimp from any direct or indirect liability and agree to indemnify, defend, and hold QRCodeChimp harmless against any liabilities, damages, losses, claims, disputes, or legal actions arising from the use, handling, processing, or misuse of the data submitted by any users. You further agree and accept that you are solely responsible for implementing appropriate security measures and safeguards against the leakage, misuse, unauthorized access, or any other compromise of such data when you access or download it from our site or via our services.

Furthermore, you agree that any privacy policy and terms of use you establish for data submitted via forms or similar mechanisms must not violate any of the terms and conditions mentioned here. In the event of any conflict, the terms and conditions on this page shall take precedence. QRCodeChimp reiterates that it has no control over what users input into these forms and landing pages and is not responsible for the accuracy, legality, sensitivity, or appropriateness of any data uploaded or submitted by users. You agree to indemnify, defend, and hold QRCodeChimp harmless against any liabilities, damages, losses, claims, disputes, or legal actions that result directly or indirectly from the data, including but not limited to the use, handling, processing, or misuse of the data submitted via our forms or landing pages.

7. PURCHASES AND PAYMENT

You may have to pay to access or to use some of our Service or Site or features on the Site.

We accept the following forms of payment:

  • Online via Credit Card, Debit Card, or NetBanking or other services as provided by our Payment processors such as Stripe, PayPal, and RazorPay.
  • Direct bank transfer, or Swift transfer, or by eCheck or Check
  • Other third-party transfer services.
  • Some of these forms of payment may or may not be available to your geographical location. Most of the details of the payment methods are mentioned here - Different Payment Methods Available.

You agree and acknowledge that you have the approval and authority to make such transfers or payments and you are liable for any timely payments for the use of such paid Service or feature on the Site. You agree to hold us harmless and indemnify us for any liabilities, damages, losses, claims, disputes, or legal actions that arise directly or indirectly from any payment done by you.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax, VAT, or any similar fee will be added to the price of purchases as we deem necessary. However, you are responsible for paying any tax or government fee which we have not charged you. We may change the prices of our paid Services or features at any time. We may change any free service or features to paid service or paid features at our sole discretion at any time.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be risky or may harm our business or community directly or indirectly.

8. SUBSCRIPTIONS

Billing and Renewal
Your subscription will continue and automatically renew if you have opted for auto-renewal and the renewal is active. By subscribing, you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the subscription. The length of your billing cycle will depend on the type of subscription plan you choose when you subscribe to the Services.

Cancellation & Refund
You are solely responsible for managing and canceling your subscription if it is no longer required. Subscriptions must be canceled by turning off auto-renewal on our Site before the next billing cycle begins. Failure to cancel your subscription will result in continued charges, and QRCodeChimp will not be responsible for any charges incurred due to your failure to cancel. Refunds will not be provided for failure to cancel the subscription in time.

Your cancellation will take effect at the end of the current paid term. We do not provide partial refunds for mid-cycle cancellations, meaning if you cancel your subscription mid-cycle, you will still have access to the Services until the end of the current paid term, but no partial refund will be given for the remaining period.

We guarantee a full refund of your first purchase within 15 days if you are not satisfied with our paid Services or features on the Site. However, a full refund is only applicable if requested within 15 days from the date of the first purchase. Refund requests for any other conditions may only be accepted at our discretion. If you want a full refund within 15 days of your first purchase or have any questions or are unsatisfied with our services, please email us at support@qrcodechimp.com.

Once we initiate the refund, the time it takes for the refund amount to appear in your bank account may vary based on the payment gateway used for the original payment. It may take 5-7 business days for refunds through Razorpay, 5-10 business days for refunds through Stripe, and may take more than 10 business days for refunds through other Gateways and channels.

Fee Changes
We may, from time to time, make changes to the subscription fee and if required will communicate any price changes to you in accordance with applicable law over email.
We may also change any free services or features on the Site to paid services or paid features on the Site at our sole discretion at any time.

9. Email Communication Consent

By providing your email address, you agree to receive emails from QRCodeChimp, which may include:

a) Essential Notifications

These emails cover important updates related to your account, such as upgrade confirmations, payment receipts, renewal reminders, and password resets.

b) Important Information

Occasional updates on new features, security improvements, or account statistics (like weekly scan counts) are sent as important information. You can opt out of these at any time by visiting your Settings page or clicking “unsubscribe” in the email.

c) Promotional Notifications

These emails may include updates on our latest features, newsletters, and discount offers. You can opt out of these by visiting your Settings page or using the “unsubscribe” link in the email.

10. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:

  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information, such as but not limited to user passwords.
  • Engage in any form of spam or fraudulent activities, including but not limited to, phishing, sending unsolicited messages, or transmitting misleading information.
  • Conduct phishing or hacking activities or use the Services to engage in any activities that could compromise the security, integrity, or availability of the Services or any data stored on the Services. Any such activities will result in immediate termination of your account, and we reserve the right to pursue civil and criminal remedies to the fullest extent of the law.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
  • Use any information obtained from the Services to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Services in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Services.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, worms, or any other malicious or harmful software, or engage in excessive use of capital letters and spamming (continuous posting of repetitive text), which interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
  • Engage in any automated use of the system, such as using scripts to send comments or messages or using any data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person or use the username of another user.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
  • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services or any portion of the Services.
  • Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
  • Except as may be the result of a standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
  • Use a buying agent or purchasing agent to make purchases on the Services.
  • Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails or creating user accounts by automated means or under false pretenses.
  • Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
  • Use the Services to advertise or offer to sell goods and services.
  • Use our Site or Service in an unlawful or fraudulent manner or for such purposes to collect personally identifiable information or to impersonate other users.
  • Modify our copyright/trademark or other proprietary rights notices, or interfere with the security-related features of our Site or Service (e.g., those that prevent or restrict copying Site Content).
  • Use our Site or Service in any way to manipulate or distort, or undermine the integrity and accuracy of any reviews and ratings, or take any action to interfere with, damage, or disrupt any part of our Site or Service.
  • Use our Site or Service to send, knowingly receive, upload/post, or download any material that does not comply with our content standards.
  • Use our Site or Service to transmit or facilitate the transmission of any unsolicited or unauthorized advertising or promotional material.
  • Use our Site or Service to transmit any data or upload to our Site or Service any data that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
  • Decompile, reverse engineer, or disassemble any portion of our Site or Service.
  • Use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained in our Site or Service, or use network-monitoring software to determine the architecture of or extract usage data from our Site or Service.
  • Engage in any conduct that restricts or inhibits any other user from using or enjoying our Site or Service.
  • You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use. Violation of any of these prohibitions may result in the termination of your access to the Services and may expose you to civil and/or criminal liability.

11. USER CONTENT

(a) We may now or in the future permit you to post, upload, transmit through, or otherwise provide through our Site or Service (collectively, "submit") messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information (e.g., your name, e-mail address, business name, your brand, logo, or name of the brand you work for, etc.), and other content (collectively "User Content"). For example, any comment, rating, or review of a product or a merchant that you post through our Site or Service is your User Content.

(b) Standards: You agree not to submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from your User Content. You indemnify QRCodeChimp against any liabilities, damages, losses, claims, disputes, or legal actions that arise directly or indirectly from any such actions. Furthermore, you represent and warrant that your User Content:

  • Will be, in the context of reviews and ratings, based upon an actual shopping experience with the relevant merchant or third party, accurate (where facts are stated), reflect opinions genuinely held by you, and comply with all applicable laws.
  • Will be truthful, non-misleading, and non-deceptive.
  • Will not contain any material that is tortious (e.g., defames or invades the privacy of any person, etc.), obscene, offensive, hateful, or inflammatory.
  • Will not promote sexually explicit material or violence or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Does not breach any legal duty you owe to a third party, such as a contractual duty or a duty of confidence.
  • Will not be threatening, abusive, or invade another's privacy, or provided with an intent to harass, upset, or embarrass any other person.
  • Will not be provided with an intent to impersonate any person, to misrepresent your identity or affiliation with any person, or to falsely give the impression that your User Content comes from someone else.
  • Will not advocate, promote, or assist any unlawful act (e.g., criminal acts, copyright infringement, computer misuse, etc.).

(c) Monitoring, Removal, and Use: We reserve the right to monitor, edit, or remove any User Content that violates the letter or spirit of these terms or for any other lawful reason, at our sole discretion, without notice. You acknowledge that we may remove, delete, or refuse to display any User Content for any reason, including content we consider, in our sole judgment, to be inappropriate, objectionable, or in violation of these Terms. Additionally, by submitting User Content, you grant QRCodeChimp the right to use, reproduce, modify, distribute, display, and perform such content as necessary for our operational purposes, including but not limited to, content moderation, storage, backups, and other administrative or technical purposes, without compensation or further permissions from you.

(d) Grant of Rights & Use: We do not claim ownership of your User Content. However, by submitting User Content, you automatically grant or warrant that the owner has expressly granted us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (e.g., translations, etc.), publicly display/perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate in connection with our business and operations. This includes the right to use your User Content for advertising, marketing, and promotional purposes without compensation or further permissions from you. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called "moral rights" or rights of "droit moral" with respect to the User Content. This grant of rights is subject to applicable privacy laws, and QRCodeChimp will ensure that any use of User Content does not conflict with the user’s rights under local and international privacy laws.

  • By submitting User Content, you also grant us the right, but not the obligation, to use your biographical or other information about you, including, without limitation, all or some of your name, alias, nickname, and geographical location (e.g., "Mark W. - Columbus, OH", "Julie B. - Wyoming", etc.), in connection with broadcast, print, online, or other use or publication of your User Content consistent with the license granted in the previous paragraph.
  • Without limiting the rights granted in the foregoing paragraphs, and for the avoidance of doubt, whenever your account is not under a paid plan, or not specifically opted-out by you when your account is under a paid plan (you may opt-out via any written communication, such as email, and on receiving written acknowledgment from us), we reserve the right to display advertisements in connection with your User Content, to use your User Content for analytics, advertising, and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).

12. RELIANCE ON SITE INFORMATION

(a) Information available through our Site or Service is for marketing, educational, entertainment, promotional, and legitimate purposes only. While we make efforts to ensure that the information provided by us is accurate, we do not represent or warrant that any User Content or Site Content is accurate, complete, or current. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Site Content, User Content, and other information and opinions expressed through our Site or Service. For instance, ratings and reviews may be informative to some but are not provided as a guarantee or prediction of the level of performance you may experience with the applicable product, service, merchant, or other third party. You are solely responsible for any actions or decisions you take based on materials and information available through our Site and Service and should carry out your own research and investigation as appropriate.

(b) If there is a dispute between you and anyone accessing our Site or Service, or you and any third party in connection with our Site or Service, you understand and agree that we are under no obligation to become involved. In such instances, you hereby indemnify and release QRCodeChimp and its officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries, and their related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.

13. USER-GENERATED CONTRIBUTIONS

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

14. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

15. GUIDELINES FOR REVIEWS

We may provide you with areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to the review.

16. SOCIAL MEDIA

As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") by either: (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the "Social Network Content") so that it is available on and through the Services via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such a Third-Party Account, except the username and profile picture that become associated with your account.

17. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). QRCodeChimp does not investigate, monitor, or check the accuracy, appropriateness, legality, or completeness of any Third-Party Websites or Third-Party Content. We expressly disclaim any responsibility or liability for any Third-Party Websites accessed through the Services, or any Third-Party Content posted on, available through, or installed from the Services, including but not limited to the content, accuracy, legality, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

The inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content on our Services does not imply approval, endorsement, or recommendation by us. You acknowledge and agree that your use of Third-Party Websites and Third-Party Content is at your own risk. QRCodeChimp shall not be liable for any damages, losses, or liabilities arising from or related to your access, use, or reliance on any Third-Party Websites or Third-Party Content. If you choose to leave the Services and access Third-Party Websites or use or install any Third-Party Content, you do so at your own discretion, and you should be aware that these Legal Terms no longer govern. We strongly encourage you to review the applicable terms, privacy policies, and data gathering practices of any Third-Party Websites you visit or any Third-Party Content you use or install.

Any transactions, purchases, or dealings you undertake through Third-Party Websites are solely between you and the applicable third party. QRCodeChimp takes no responsibility and assumes no liability whatsoever in relation to such transactions, purchases, or dealings, which are strictly between you and the third party. You agree and acknowledge that QRCodeChimp does not endorse, verify, or guarantee the products or services offered on Third-Party Websites. You further agree to hold us harmless from any losses, damages, or harm caused by your interactions with or purchases from such third parties.

Additionally, you shall hold QRCodeChimp blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites. This disclaimer applies to the maximum extent permitted by applicable law.

18. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

19. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://www.qrcodechimp.com/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised that the services are currently hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Please also note that some of our data is also served via Content Delivery Network (“CDN”) services for better user experience, CDN servers may be distributed across the world.

20. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

21. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit, or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Services satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

23. ONLINE MERCHANTS AND THIRD PARTIES

(a) Your dealings with online merchants or other third parties via our Site or Service, including third-party websites accessed via links on our Site, are solely between you and that third party. As such, when you engage in a transaction with a third party or access a third party's website, you do so under their terms and policies, not ours. Complaints, questions, and claims related to transactions with any third party should be directed to that third party.

(b) WE MAKE NO WARRANTIES REGARDING AND SHALL NOT BE LIABLE OR RESPONSIBLE TO YOU (WHETHER IN CONTRACT, TORT, OR OTHERWISE) FOR YOUR USE OF, THE QUALITY OR LATE DELIVERY OF THE GOODS OR SERVICES FROM ANY THIRD PARTY OR FOR HONORING (OR TO CAUSE ANY MERCHANT TO HONOR) ANY ERRONEOUS INFORMATION REGARDING THE PRICE, DESCRIPTION, AND AVAILABILITY OF, OR ANY DISCOUNTS, OFFERS, PROMOTIONS, AND COUPONS RELATING TO ANY PRODUCT OR SERVICE OFFERINGS PROMOTED OR AVAILABLE THROUGH OUR SITE OR SERVICE.

24. LIMITS ON OUR LIABILITY

(a) UNDER NO CIRCUMSTANCES SHALL QRCodeChimp OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, OR THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF QRCodeChimp HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH OUR SITE, SERVICE, OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR SITE OR SERVICE, INCLUDING, WITHOUT LIMITATION, QRCodeChimp CONTENT, IS TO STOP USING OUR SITE AND SERVICE. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS, INFORMATION, ADVICE, OR ADVERTISING RECEIVED THROUGH OR IN CONNECTION WITH OUR SITE OR SERVICE OR ANY LINKS PROVIDED VIA EITHER. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

(b) REGARDLESS OF ANY INFORMATION YOU HAVE RECEIVED TO THE CONTRARY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OUR CUMULATIVE LIABILITY OR THAT OF OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES EXCEED $100. YOU AGREE THAT THIS IS A FAIR LIMITATION BASED UPON THE MANNER AND COST BY WHICH OUR SITE OR SERVICE IS PROVIDED TO YOU AND TAKING INTO ACCOUNT YOUR ABILITY TO USE ALTERNATIVE RESOURCES PROVIDING INFORMATION SIMILAR TO THAT OF OUR SITE OR SERVICE. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATED TO, OR IN ANY WAY CONNECTED WITH OUR SITE, SERVICE, OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. CAUSES OF ACTION BROUGHT OUTSIDE THIS TIME PERIOD ARE WAIVED.

(c) In some jurisdictions, limitations of liability are not permitted, and, therefore, some of the above limits may not apply in all instances.

25. DISCLAIMER OF WARRANTIES

(a) TO THE FULL EXTENT PERMITTED BY LAW, QRCodeChimp'S SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ITS SERVICES ARE PROVIDED BY QRCodeChimp ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ARE NOT WARRANTED TO BE, AMONG OTHER THINGS, ERROR-FREE, UNINTERRUPTED, COMPLETELY-SECURE, OR FREE OF COMPUTER VIRUSES. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SITE AND SERVICE IS AT YOUR OWN RISK. QRCodeChimp MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ITS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON ITS SITE OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ITS SERVICES.

(b) Certain state laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

26. INDEMNIFICATION

You agree to indemnify and hold harmless QRCodeChimp and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or related to: (i) your access to or use of our Site or Service; (ii) your User Content; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions; or (vi) your breach of any contract, negligence, defamation, or intellectual property infringement. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

27. DISPUTE RESOLUTION AND MANDATORY ARBITRATION

(a) Initial Dispute Resolution: Before initiating any arbitration or legal proceeding, both parties agree to first attempt to resolve any disputes informally by contacting each other with a written description of the issue, all relevant documents or information, and the proposed resolution. You agree to contact us with disputes by writing to QRCodeChimp.com, C/O Tez Minds Software Pvt. Ltd., #548, 5th Floor, Solitaire Business Hub, Wakad, Pune, Maharashtra, 411057, India, and by emailing the same to us at support@qrcodechimp.com. We will contact you based on the contact information you have provided us. Both parties agree to attempt to resolve the dispute in good faith.

(b) Arbitration Procedure: If a dispute is not resolved within 45 days of the initial notice, either party may initiate binding arbitration as the sole means to resolve claims, subject to these terms. The arbitration shall be conducted in accordance with the Indian Arbitration and Conciliation Act, 1996, and any subsequent amendments, or any equivalent law that may apply. The parties understand that by agreeing to this arbitration clause, they waive their right to a trial by a court or judge. Arbitration will be conducted by a single, neutral arbitrator.

(c) Individual Arbitration Only: To the fullest extent permitted by law, you and QRCodeChimp agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You and QRCodeChimp expressly waive any ability to maintain any class action in any forum. If this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor QRCodeChimp is entitled to arbitration, and any class action claims must be brought exclusively in the courts located in Pune, Maharashtra, India.

(d) Arbitration Location and Procedures: The arbitration will take place in Pune, Maharashtra, India, unless otherwise agreed upon by the parties. If your claim does not exceed INR 100,000, you may choose to conduct the arbitration based solely on documents submitted to the arbitrator, via a telephonic hearing, or an in-person hearing as established by the arbitrator. For claims exceeding INR 100,000, the right to a hearing will be determined by the arbitration rules.

(e) Arbitrator's Authority: The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitration rules, and the Terms of Use. The arbitrator will issue a written award and statement of the decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s award is final and binding on you and us.

(f) Fees: Each party will bear its own costs (including attorney fees) associated with the arbitration. However, if the arbitrator determines that either the substance of a claim or the relief sought in the arbitration was frivolous or brought for an improper purpose, then the losing party will reimburse the prevailing party’s costs.

28. GOVERNING LAW

These Terms of Use and any disputes related thereto shall be governed by and construed in accordance with the laws of the State of Maharashtra, India, without regard to its conflict of laws rules. Any dispute or claim not subject to arbitration shall be resolved exclusively by a court of competent jurisdiction located in Pune, Maharashtra, India. Both parties agree to submit to the personal jurisdiction of the courts located within Pune, Maharashtra, India, for the purpose of litigating all such claims or disputes.

29. NO CLASS ACTIONS

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

30. NO TRIAL BY JURY

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.

31. COPYRIGHT INFRINGEMENT

(a) In appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing the copyright of others.

(b) Consistent with the Digital Millennium Copyright Act ("DMCA"), QRCodeChimp will respond to a notice of alleged copyright infringement regarding any information available on our Site or through our Service. Please note that this procedure is exclusively for notifying us that copyrighted material has allegedly been infringed, and matters other than informing QRCodeChimp that copyrighted material may have been infringed will not receive a response through this process.

(c) Pursuant to the DMCA, your infringement notification must include the following information:

  • 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 on the site, including a link or screenshot of the webpage containing the infringing material, if applicable;
  • 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.

(d) Please send your notice of copyright infringement to QRCodeChimp's designated Copyright Agent as follows:

Copyright Agent,

QRCodeChimp.com,

C/O Tez Minds Software Pvt. Ltd.
#548, 5th Floor, Solitaire Business Hub,
Wakad, Pune, Maharashtra, 411057, India

Also, drop us an email to support@qrcodechimp.com

32. AMENDMENT; ADDITIONAL TERMS

(a) We are constantly updating our Site and Services to provide better options and features or for other reasons. In certain instances, it may be necessary to update or modify our Terms of Use to reflect these and other changes (e.g., updates to our practices and policies). We may also need to provide you with operating rules or additional terms that govern your use of specific parts of our Site or any Service ("Additional Terms"). Accordingly, you agree that we may, at any time, provide you with Additional Terms or update or modify these Terms of Use as appropriate or necessary. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.

(b) Notification of Changes: Modifications to these Terms of Use or any Additional Terms will be communicated to you either by posting a notice on our Site or by email notification to the email address associated with your account. 

(c) Effective Date of Changes: The changes will become effective on the date specified in the notice, which will be at least 15 days from the date of the notification. Your continued use of our Site or Service after the effective date of any modified Terms of Use or Additional Terms constitutes your agreement to be bound by the updated terms. It is your responsibility to review the Terms of Use and the Site from time to time for any changes or Additional Terms.

(d) Right to Object and Discontinue Use: If you object to any revision to the Terms of Use or to any Additional Terms, you must immediately discontinue use of our Site and Service and, if applicable, terminate your account. If you continue to use the Site or Services after the changes take effect, you will be deemed to have accepted those changes.

33. OTHER TERMS

(a) Where we have provided you with a translation of the English language version of these Terms of Use (including the Privacy Policy and any Additional Terms incorporated by reference), you agree that the translation is provided for your convenience only and that the English version of these Terms of Use governs your relationship with us. The English language version takes precedence if there is any contradiction between the English and translated versions.

(b) No waiver by either of us of any breach or default under these Terms of Use shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in these Terms of Use are for convenience only and shall not be given any legal import.

(c) Except where specifically stated otherwise, if any part of these Terms of Use is deemed unlawful or unenforceable for any reason, we both agree that only that part of the Terms of Use shall be stricken and that the remaining terms in the Terms of Use shall not be affected and shall remain in force and effect.

(d) You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent.

(e) These Terms of Use (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement and supersede all previous written or oral agreements between you and QRCodeChimp in connection with the Site and Service.

34. MISCELLANEOUS

These Legal Terms, along with any policies or operating rules posted by us on the Services or in connection with the Services, constitute the entire agreement and understanding between you and us regarding your use of the Services. These Legal Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us.

  1. No Waiver:
    Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. Any waiver of any provision of these Legal Terms will be effective only if in writing and signed by an authorized representative of QRCodeChimp. A waiver of any term or condition shall not be construed as a waiver of any other term or condition, nor shall a waiver of any breach of these Legal Terms be construed as a waiver of any subsequent breach, whether of the same or any other provision.
  2. Severability:
    If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. The remaining provisions will remain in full force and effect.
  3. Assignment:
    We may assign any or all of our rights and obligations under these Legal Terms to others at any time without your consent. You may not assign or transfer any rights or obligations under these Legal Terms without our prior written consent. Any attempted assignment in violation of this section shall be null and void.
  4. Force Majeure:
    We shall not be responsible or liable for any failure or delay in our performance under these Legal Terms due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, civil disturbance, labor disputes, governmental regulations, utility or communication failures, or other force majeure events.
  5. Relationship of the Parties:
    These Legal Terms do not create, and should not be construed to create, any partnership, joint venture, employment, agency, or any other such relationship between you and us. Both parties are independent contractors. You have no authority to bind us in any respect whatsoever.
  6. Construction:
    You agree that these Legal Terms will not be construed against us by virtue of having drafted them. Both parties agree that these Legal Terms will be interpreted fairly and not in favor of or against either party, regardless of which party drafted these terms.
  7. Electronic Form:
    You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of physical signing by the parties to execute these Legal Terms. Your acceptance of these Legal Terms through electronic means constitutes a binding agreement between you and us.
  8. Entire Agreement:
    These Legal Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Services, shall constitute the entire agreement between you and us concerning the Services. If any provision of these Legal Terms is found to be unlawful or unenforceable, it will not affect the validity or enforceability of any other provision, which will remain in full force and effect.

35. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact us at:

QRCodeChimp.com

C/O Tez Minds Software Private Limited
#548, 5th Floor, Solitaire Business Hub, Wakad
Pune, Maharashtra 411057
India
Phone: (+1) 4155806218
support@qrcodechimp.com