TERMS OF SERVICE

Effective date:5 Aug 2022

Introduction

These Terms of Service (hereinafter referred to as “Terms” or “the Agreement” for sake of brevity) govern the access of this website / mobile app QuikDox.com or their pages (hereinafter referred to as “the Website” for the sake of brevity) by you, an individual/ the User/s for availing the service provided by the Website wherein the User/safter following step by step instruction provided by SKN Technologies (OPC) Pvt Ltd (hereinafter referred to as “the company” for the sake of brevity) can obtain an articulate draft of Will or a Testament made available on the Website subject to your compliance with all the terms, conditions, and notices contained or referenced herein.

By using this Websites and the Service in any way, you are agreeing to comply with these Terms of Service, our Policy and template for Will or Testament and any other legal information, notices or conditions or guidelines posted on the Website.

Please read these terms carefully before accessing or using the services.

1. Acknowledgement and Acceptance of Terms:

By using the Website and the Service for obtaining a drafted Will or Testament of a Testator (a person who wishes to declare his last Will or Testament with respect to his/her property through legal documentation) or any person authorised to operate the Website on behalf of such Testator, shall be subject to any posted guidelines or rules applicable to the Service that may contain terms and conditions, disclaimer in addition to those in the Terms of Service. By using the Service or accessing the Website, you warrant that you have read, reviewed and agreed to these Terms of Service, the Privacy Policy and Disclaimer which are incorporated herein. If you do not agree to be bound by these Terms of Service, we request you to terminate your use of this Website immediately.

Certain parts of the Service may be subject to additional terms and conditions specified by us from time to time without notice; your use of such Service is subject to those additional terms and conditions as well, which are incorporated into these Terms of Service by this reference. We may change our Terms of Service or our pricing from time to time. If we do, we'll post a note on our Website or email it to the user if need be upon sole discretion of SKN Technologies (OPC) Pvt Ltd.

The Service provider shall not be liable to the User or to any third party for any modification, price change, suspension or discontinuation of the Service.

2. Eligibility:

The Service is available only for individuals aged 18 years or older. If you are age less than 18 years or the legal age of majority where you reside if that jurisdiction has an older age of majority, then you agree to review these Terms of Service with your parents or guardian to make sure that both you and your parents or guardian understand and agree to these Terms of Service. You agree to have your parents or guardian review and accept these Terms of Service on your behalf. If you are a parent or guardian agreeing to these Terms of Service for the benefit of a child below the age of 18 or less that the legal age of majority where you reside if that jurisdiction has an older age of majority, then you agree to and accept full responsibility for that child’s use of the Service, including all financial charges and legal liability that he or she may incur.

We may, in our sole discretion, refuse to offer the Service to any person or entity and change the eligibility criteria for using the Service at any time without notice. The right to access the Service is revoked where these Terms of Service or use of the Service is prohibited or to the extent offering or provision of the Service conflicts with any applicable law, rule or regulation.

If you are entering into these Terms of Service on behalf of anybody other that yourself who wishes to execute a Will, you represent that you have the authority to use the service provided by this Website and incorporate the information of behalf of such person, and all users who access the Service through your account to these Terms of Service, in which case the terms “you” or “your” shall refer to such person, his/her affiliates, and users associated with it. If you do not have such authority, or if you do not agree with these Terms of Service, you must not accept these Terms of Service and you may not use the Service. You further agree that you assume all responsibility and liability in connection with your use of the Service on behalf of such other person or testator, and you shall be solely responsible for all disputes, if any, that arise due to your use of the Service on behalf of such a another person or Testator.

3. Account Information

a. Registering for an account: To use the Service, the User/you need to register and create an account (providing the full name, password, email address, etc). The User then can follow the steps as provided on the Website to avail the service. The User upon following the steps as mentioned above will get a template based on the information provided therein by the User. Only upon registration, will the User be granted access to the Website for obtaining the Service and functionality that we may establish and maintain from time to time and at sole discretion of SKN Technologies (OPC) Pvt Ltd. We will maintain different types of accounts for different types of users. If the User opens an account on behalf of any other person, then (a) “the User / you” includes the User/you and that another person or Testator, and (b) the User/you represent and warrant that the User/you are an authorized person of such another person or Testator with the authority to bind the such other person or Testator to these Terms and that the User/you agree to these Terms on behalf of such other person or the Testator. By connecting to this Website, the User/you give us permission to access and use the User’s/your information from this service as permitted by this service, and to store the User’s/your login credentials for this service.

b. Your responsibility for your account: The User/you are responsible for taking all steps to ensure that no unauthorized person shall have access to your account or password or OTP (one time password). When creating your account, you must provide accurate and complete information. We encourage you to use “strong” passwords (passwords that use a combination of upper and lowercase letters, numbers, and symbols) with your account. It is your sole responsibility to:

i. Control the dissemination and use of your account and password;

ii. Promptly inform us of any need to deactivate an account or password.

We are not liable for any harm related to the theft of passwords, or your disclosure of passwords. You shall immediately notify us of any unauthorized use of your account or password or any breach of confidentiality. You are solely responsible for any damage resulting from the use of your account and username. You may not use your account or password to breach security of another account.

c. How to control your account: You may control your account by changing your settings on the Website. By providing us with your email address, you consent to our using the email address to send you Service-related notices, updates including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service. You may not opt out of these messages unless you cancel your account.

4. What we own:

Except for User Content, all materials on the Service including the applications that integrate other applications and services and the Service itself and all Intellectual Property Rights contained therein or related thereto, including text, graphics, user and visual interfaces, trademarks, logos, applications, computer code and associated documentation (collectively, the “Content”), including but not limited to the structure, arrangement, and “look and feel” of such Content, is owned by or licensed to us and our licensors and is protected by copyright, trademark, and other intellectual property rights and laws.

Other than as provided herein, the Service Provider does not grant to user any license, express or implied, to the intellectual property of this Website or its licensors. Except as expressly provided in the Terms of Service, no part of the Service and no Content may be copied, reproduced, sold, republished, transmitted, displayed, reposted, or otherwise distributed for public or commercial purposes.

Subject to the terms and conditions of this Terms of Service, this Website provides you with a non-exclusive, revocable license to use the Service, as expressly permitted by the features and functionality of the Service and the Terms of Service. The Service provider may terminate this license at any time for any reason or no reason whatsoever without notice.

5. User Content:

You may choose to or we may invite you to submit comments, ideas, or feedback about the Service, including without limitation about how to improve the Service (hereinafter referred to as “Feedback” for sake of brevity). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place this Website and its Owners under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. Additionally, you acknowledge that all email and other correspondence that you submit to us shall become our sole and exclusive property.

For the purposes of this Terms of Service, “Intellectual Property Rights” means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.

You agree to grant us a non-exclusive, royalty-free, perpetual, transferable, sub-licensable, worldwide license to use, modify, reproduce, display, and distribute your User Content on the Service. You understand and agree that the Service is a public platform and other users may search for, see, use, and/or re-post any User Content that you make publicly available through the Service.

6. User’s Liabilities:

a. You agree that any information or User content that you post does not and will not violate any law or infringe any rights of any third party, including without limitation any Intellectual Property Rights, publicity rights, or rights of privacy. We reserve the right, but are not obligated, to reject and/or remove any information/User Content that we believe, in our sole discretion, violates the Terms of Service.

b. You agree not to provide information / post User Content that:

• may create a risk of harm, loss, damage, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, to any animal or to any property;


• seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;


• may constitute or contribute to a crime or tort;


• contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, profane, or otherwise objectionable;


• contain software or other material that violates or invades the intellectual property rights (or rights of privacy or publicity) of any third party;


• includes any information or content to which you have not obtained any necessary rights or permissions to use accordingly or to make available under any law or under contractual or fiduciary relationships;


• contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);


• contains any information or content that you know is not correct and current, or;


• is adult in nature, such as any nudity in a sexual context, exposed genitalia, or any content with adult themes.

7. Use of the Service:

a.Your use of the Service is subject to all applicable laws and regulations.

b.You may not:

• use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any manual process to access, acquire, copy, or monitor any portion of the Service or any Content or obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service;


• attempt to gain unauthorized access to any portion of the Service or any Content, or any systems or networks connected to the Service, by hacking, password “mining”, or any other illegitimate means;


• probe, scan, or test the vulnerability of the Service or any Content, or any system or network connected to the Service;


• reverse look-up or trace any information of any other user or visitor or otherwise use the Service for the purpose of obtaining information of any other user or visitor;


• transmit spam, chain letters, or other unsolicited email;


• take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;


• upload invalid data, viruses, worms, or other software agents through the Service;


• impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide, or attempt to hide your identity;


• disclose any information that you do not have the consent to disclose (such as confidential information of others, including their personally identifiable information);


• use any device, software, or process to interfere with, or attempt to interfere with, the proper working of the Service or any Content, or any systems or networks connected to the Service, or with any other person’s use of the Service;


• conduct, engage in or otherwise process any information or data to analyze individuals or groups of natural persons for unlawful or discriminatory purposes;


• use the Service or any Content for any purpose that is unlawful or prohibited by the Terms of Service, or;


• store or collect any personally identifiable information that is deemed sensitive or requires special protections under applicable laws. For example, Social Security numbers, passwords, and debit/ credit card information

c.Any unauthorized use of the Service or any Content may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

8. Third-party content:

a.We are not responsible for and do not necessarily hold the opinions expressed by our users, content contributors, and third parties; such opinions and other statements are theirs alone, not opinions of this Website. Content created by users or third parties is the sole responsibility of such users or third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and post content through our Service, this Website is not undertaking any obligation or liability relating to the information/content. This Website and its affiliates, successors, assigns, employees, agents, directors, officers, and stockholders (i) do not undertake or assume any duty to monitor our site for inappropriate or unlawful content and (ii) assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, this Website reserves the right to block or remove communications, postings, or materials at any time at our sole discretion.

b.This Website takes no responsibility and assumes no liability for any information/user content that you or any other user or third party posts or sends over the Service. This Website assumes no liability for your interactions with other users, or for any user’s action or inaction. You are solely responsible for your information/user content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for providing you with our services regarding the draft of the Testamentary Document.

c.The Website has not reviewed all of the web sites linked to its Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement of the web site to which the link leads. Use of any such linked web site is at the user’s own risk.

9. Billing and payment:

After following through the entire of process of flow chart and providing and filling in such information as requested for the completion of the document, Will or Testament, upon confirmation, the Website will direct the Users towards Billing and Payment page. The User of the Service will be then required to provide the details of their debit/credit card/ payment mechanism for the payment of the service on this Website. The Users will be responsible for paying agreed-upon fees for the Service. Users of the Service will be liable for any taxes (“Taxes”) required to be paid on the Service provided under the Terms of Service.

There will be no refunds in case the User decides to terminate the service after the payment for such service as this website ensures and seeks confirmation before the payment.

We reserve the right to change our fees and to institute new charges at any time (including, for clarity, for any renewal), upon notice to you via email notice or through posting of such notice on our website, as determined by this Website at our sole discretion. Your use of the Service following such notification constitutes your acceptance of any new or increased fees. All fees are exclusive of all Taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such Taxes, levies, or duties.

The USER covenants that the USER has the requisite permissions to use the chosen payment method and recognizes that the transmission to the website of the USER's banking information is evidence of its ability and consent to avail the service.

The details of the USER's credit cards / debit cards / login id of payment mechanism are not stored by the company, but the proof of the transaction is archived.

In case of non-payment, the company reserves the right to suspend the service.

The company is not liable for payment problems related to the subscription of the SERVICE. The USER acknowledges sole responsibility for any problems related to the payment method chosen to access the SERVICE.

10. Privacy:

This Website’s Privacy Policy applies to all the Users of this Website and the Service. You understand that by using the Website and its Service you consent to the collection, use, and disclosure of your Personal Information and aggregate data. We cannot guarantee that unauthorized third parties will never be able to defeat our security measures. You acknowledge that you provide your information at your own risk.

11. Disclaimer of warranties and limitation of liability

The service and all content are provided on an "as is" and “as available” basis without warranty of any kind, either express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose, accuracy, completeness, being current, freedom from interruption, viruses or other defect, and non-infringement.

The Materials appearing on the Website could include technical, typographical, or photographic errors. The Website does not warrant that any of the materials on www.QuikDox.com, are accurate, complete, current, or comply with the laws of your local jurisdiction. The website may make changes to the Materials at any time without notice. The website does not, however, make any commitment to update the Materials.

Your sole remedy against us for dissatisfaction with the service or any content is to stop using the service or any such content. In no event shall we or our officers, directors, employees, agents, licensors, or content providers (our “affiliates”) be liable for any damages, including, without limitation, indirect, consequential, special, incidental, or punitive damages, resulting from the use or inability to use the service or the content, whether based on warranty, contract, tort, or any other legal theory, and whether or not we or our affiliates are advised on the possibility of such damages.

To the maximum extent permitted by applicable law, this website assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of information or content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all information, including personal information or financial information, stored therein; (iv) any errors, mistakes, losses, damage or unauthorized access resulting from the use of third party applications by you or any person authorised on your behalf; (v) any interruption or cessation of transmission to or from the service; (vi) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vii) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (viii) user content or the defamatory, offensive, or illegal conduct of any third party. In no event shall this website, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if this website has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.

12. Information Security:

This Website takes all the necessary security measures as a safeguard against unauthorized access or unauthorized alteration, disclosure or destruction of data including but not limited to internal reviews of data collection, storage and processing exercise and security measures, encryption and physical security measures to guard against unauthorized access to systems of storage of personal data.

All information gathered on this website is stored within our controlled database securely. The database stored and protected by a firewall on servers; access to the such server being password-protected and is strictly restricted.

Even though, efficacious and operative security measures are established, security system is not impenetrable and this website cannot guarantee the security of our database, nor can this website guarantee that information supplied will not be intercepted while being transmitted to this website on its server.

Also, any particulars you include in any post on any forum for discussion will be available to any individual with access to the Internet.

Internet being an ever-evolving medium, the Privacy Policy of this website is bound to change from time to time to incorporate requisite future changes. The use of any information gathered will always be consistent with the policy under which the said information was collected, regardless of what the new policy may be.

13. Changes to the Service, termination, and indemnity

This Website is constantly innovating and finding ways to provide our users with new features with respect to our service. Therefore, we may, without prior notice, change the Service, add features, stop providing the Service or features of the Service to you or to users generally, or create usage limits for the Service. We may permanently or temporarily terminate, downgrade, suspend, or prohibit your access to the Service without prior notice and liability for any reason, including if, in our sole determination, you violate any provision of this Agreement, or for no reason. Upon termination of your use of the Service, you continue to be bound by this Agreement.

You agree to defend, indemnify, and hold us and our Affiliates harmless from and against any demands, loss, liability, claims, or expenses (including attorneys’ fees) made against us by any third party due to or arising out of or related to (a) your information/user content; (b) use of the Service; (c) any claims by, on behalf of or against the person representing on behalf of you; (d) your violation of any law or regulation or the rights or good name of any third party; (e) violation of these Terms of Service, or violation of any rights of another.

The WEBSITE's incompatibility with any hardware or software shall not trigger any liability on the part of the website.

Direct, indirect, material, consequential, foreseeable or unforeseeable damage to the USER arising from the use or difficulty to use the WEBSITE or its SERVICES shall not trigger any liability on the part of the website.

14. Amendments, notification procedures, and changes to the Agreement

We reserve the right, in our sole discretion, to modify, update, or change the Terms of Service ("Updated Terms") from time to time without notice, so you should review this page periodically. When we change the Terms of Service in a material manner, we will update the “last modified” date at the top of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service. This Website is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

This Website may provide such notifications to you via email / sms notice or through posting of such notice on our website, as determined by this Website in our sole discretion. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. The Terms of Service will govern any disputes arising before the effective date of the Updated Terms.

15. Jurisdiction, Venue & Governing Law:

Through your use of this Website or services, you agree that the laws of India shall govern any matter or dispute relating to or arising out of these Terms of Service, as well as any dispute of any kind that may arise between you and the Service Provider. In case any litigation specifically permitted under these Terms of Service is initiated, the parties agree to submit to the exclusive jurisdiction of the courts at Mumbai, India. The parties to the Terms of Service explicitly agree to the choice of law, venue and jurisdiction as mentioned herein. You hereby waive the right to any objection of venue.

INFORMAL NEGOTIATIONS: To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Terms of Service, you and this Website agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice.

BINDING ARBITRATION: If you and this Website are unable to resolve a Dispute through informal negotiations, all claims arising from use of the Service (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. The arbitration will be commenced and conducted under the provisions of Arbitration and Conciliation Act, 1996.

16. Miscellaneous

a. Language:

All communications made or notices given pursuant to these

Terms of Service shall be in the English language.

b. Assignment and Severability

This Agreement/Terms of Service constitutes the understanding between the parties with respect to any and all use of this website. This agreement supersedes and replaces all prior or contemporaneous agreement or understandings, written or oral regarding the use of this website. The Terms of Service shall be binding upon and inure to the benefit of the parties hereto and their respective successors and lawful assigns.

c. No waiver

Any failure by us to enforce or exercise any provisions of the Terms of Service shall not constitute a waiver of that right or provision. Our failure to act with respect to a breach by you or others does not waive our rights to act with respect to subsequent or similar breaches.

d. Advocates’ fees, remedies

In any action to enforce the Terms of Service, the prevailing party shall be entitled to Advocates’ fees and costs. You agree that this Website's remedy at law for any actual or threatened breach of this Terms of Service would be inadequate and that this Website shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that this Website may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, advocates' fees. No right or remedy of this Website shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, advocates' fees, and expenses.

No instance of waiver by this Website of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future, or other waiver.

e. Headings for convenience only:

Headings of parts and sub-parts under these Terms of Service are for convenience and organisation only. Headings shall not affect the meaning of any provision of these terms of service.

f.No Agency, Partnership or Joint Venture:

No agency, partnership or joint venture has been created between the parties as a result of these Terms of Service. No party has any authority to bind the other to third party.

g. The website or the company is not a law firm, investment advisory firm, or an accounting firm. It does not provide any legal, tax or accounting advice. The website provides access to self- help tools, self-help materials and software. The services provided by the company or the website are not substitutes for the advice of an attorney, investment advisor or accountant. By your use of the website, attorney-client relationship or any other special relationship is not created between you and the website or its partners. The communication/s between you and the website are protected by our privacy notice, these terms and conditions. The communication/s between you and the website are not protected by attorney-client privilege or as attorney work-product.

h. Electronic Communications permitted:

Electronic Communications are permitted to both parties under these Terms of Service, including email. For any question or concerns please email us at the following address: Will@QuikDox.com