PAYMENT TERMS AND CONDITIONS
In these payment terms and conditions, the following words and expressions shall have the following meaning:
End User License Agreement shall mean an agreement entered into between you and Quick Heal Technologies Limited in relation to the Software.
License Fee shall mean such fees paid by you to Quick Heal directly for availing license to use the Software.
Quick Heal Range of Products shall mean and include the products owned by Quick Heal, including the Software, as made available for sell on the Website.
Software shall mean the proprietary software of Quick Heal as licensed to you for consideration and in accordance with the End User License Agreement.
Website shall mean website of Quick Heal.
These terms and conditions apply to the purchases of Quick Heal Range of Products made only through the Website.
These terms and conditions do not apply to the purchases of Quick Heal Range of Products made from source (eg. Quick Heal Partner or sub-reseller or System Integrator) other than the Website.
4. Conditions for Refund, Limited Warranty
Except as expressly mentioned in the End-User License Agreement, the License Fee or fees paid by you towards respectively for either purchasing the Software or Quick Heal Range of Products is not refundable under any circumstances whatsoever.
The License Fee or fees at which you have respectively procured either the Software or Quick Heal Range of Products from Quick Heal may vary with the License Fee or fees at which such Quick Heal Range of Products are available for supply by any third party; and this pricing difference does not entitle you to seek a refund of the License Fee from the Quick Heal.
Quick Heal warrants that, during the validity of your subscription period to the Software, the Software licensed under this Agreement shall perform substantially in accordance with the product specifications prescribed by Quick Heal (“Limited Warranty”). Your exclusive remedy and Quick Heal’s entire obligation and liability for any breach of the Limited Warranty is to repair or replace the Software or refund to you the price you paid for the Software if a repair or replacement of the Software would, in Quick Heal’s opinion, be unreasonable. The Limited Warranty is conditioned upon you providing Quick Heal prompt written notice of the Software’s failure to perform substantially in accordance with the product specifications prescribed by Quick Heal.
The Limited Warranty shall not apply if: (a) The Software is not used in accordance with the End User License Agreement or Documentation; (b) The Software or any part of the Software has been modified by any individual or entity other than Quick Heal; (c) A malfunction in the Software has been caused by any equipment or software not supplied by Quick Heal or incompatibility caused by hardware and software components installed on your device / computer.
Your right to refund applies only if you are the original end-user of the Quick Heal Range of Product which has been licensed to you or made available to you.
5. Disclaimers and Limitations of Liability
Disclaimer of Warranties: EXCEPT FOR THE LIMITED WARRANTY, THE SOFTWARE IS PROVIDED “AS IS”. TO THE EXTENT PERMITTED BY LAW, QUICK HEAL MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SOFTWARE AND SUPPORT, AND QUICK HEAL DISCLAIMS ALL OTHER OBLIGATIONS AND LIABILITIES, OR EXPRESS OR IMPLIED WARRANTIES REGARDING THE SOFTWARE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY OR INTEGRATION. YOU ASSUME ALL FAULTS, AND THE ENTIRE RISK AS TO PERFORMANCE AND RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, QUICK HEAL DOES NOT MAKE ANY WARRANTY, REPRESENTATION OR GUARANTEE THAT THE SOFTWARE SHALL OPERATE UNINTERRUPTED OR THAT IT SHALL BE FREE FROM DEFECTS OR OTHER FAILURES OR THAT IT SHALL MEET ANY OR ALL YOUR REQUIREMENTS, WHETHER OR NOT DISCLOSED TO QUICK HEAL.
Commercial third party programs or components: The Software may contain independent commercial third party programs or components and rely on them to perform certain functionality. Quick Heal is not the provider of any third party software. Quick Heal makes no warranty and assumes no liability concerning the operation or support of any commercial third party programs or components, the accuracy of any third party information or offerings and third-party intellectual property rights.
Third party services and content: The third-party partners of Quick Heal may offer certain products or services through links mentioned on Quick Heal’s website. Quick Heal does not have any control over and does not endorse such third party products or services, Quick Heal makes best efforts to monitor and choose its partners and secure the products or services presented to you. QUICK HEAL DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS REGARDING PRODUCTS OR SERVICES YOU OBTAIN FROM SUCH THIRD PARTY PROVIDERS.
Limitation of Liability: IN NO EVENT SHALL QUICK HEAL BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THESE PAYMENT TERMS AND CONDITIONS.
Quick Heal reserves the right to amend these payment terms and conditions at any time by posting a modified version of the payment terms and conditions.
These payment terms and conditions shall be governed in accordance with the laws of India and any matters arising out of or related to these payment terms and conditions shall be subject to the exclusive jurisdiction of the courts in Pune, Maharashtra.