Information provided by the User
“Personal Information” in this Policy refers to the information that is contained in
Personal Information Utilization and sharing
Company may use, collect, store and access Personal Information solely to the extent required for Company to enable Clients to utilize the features of the App and to provide richer and better user experience to Clients. The Company may use the information provided by clients / users to analyze the data and accordingly provide you various important information's, notices, vouchers and various other details as required and also for coordinating various marketing promotions which can be formulated by data analytics. The data analytics will help enrich the clients experiences concerning the usage of our App Qykly.
We shall share client provided and automatically collected information as envisaged with our App with the third parties when it shall be required by law, or pursuant to the order of a court or any regulatory authority or if demanded by any government authority, or in order for Company to enforce its rights; with our trusted service providers who are working for us and who don't have any use of information we may give to them and have duly agreed to adhere to the rules and policies set by us; for coordinating various marketing promotions which can be formulated so as to help analyze the user behavior so as to determine and formulate the market patterns etc. In the event Company needs to share Personal Information with third parties, Company shall enter into nondisclosure agreements that are, at the least, as protective as the provisions of this Policy.
Company duly clarifies and states that the Clients / users who give any Personal Information to Company are doing so out of their own free will without any coercion. Company does not compel Clients to disclose any Private or Personal Information. The company respects the right of the Clients not to provide Personal Information by uninstalling the App as per their free will.
Android advertising ID for users
As per the terms and conditions set out by Google Play Services, the Company shall use the Android advertising ID when available on a device, only for advertising and user analytics purposes. However, the Company shall abide by reset and "Opt out of Interest-based Advertising" settings of Clients in case they chose to do so.
Correctness and Integrity of Personal Information
Company accesses Personal Information as aforesaid from SMS messages on an ‘as is’ basis. Therefore, Company shall not be responsible in any way for the correctness, completeness and integrity of any Personal Information collected hereunder.
Company shall take all reasonable precautions to protect the confidentiality, loss, misuse and unauthorized access, disclosure, alteration, destruction, integrity and security of the Personal information by way of using current industry standard encryption technologies to protect Personal.
We provide all the procedural safeguards and limit the information to our authorized employees and contractors who process, operate and maintain our applications. However no security system can prevent all the potential security breaches.
Limitation of Liability and Damages
Notwithstanding anything to the contrary in this Policy or any other terms of service or use applicable as between Company and Clients or to the extent
permitted by the applicable law, in no event shall the company, its affiliates, directors, or employees, or its licensors or partners or contractors be
liable to Clients / users for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however
arising, that result from (i) the use, disclosure, or display of your user / clients content; (ii) your use or inability to use the service; (iii) the
service generally or the software or mobile instrument or the systems that make the service available; or (iv) any other interactions with the company or
any other user of the service, whether based on warranty, contract, whether any technical or or any other legal theory including that of negligence, and
whether or not the company has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its
essential purpose. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to the user / client.
For any inquiries and complaints, the following email address may be used: [email protected] All inquiries and complaints shall be looked into promptly and without charging any fee to the inquirer / complainant.
Company shall always cooperate with regulatory authorities and investigating agencies or any government statutory body in India in the matter of treatment of Personal Information.
Company may modify this Policy in its sole discretion at any time as it deems necessary. While Company shall make best efforts to notify Clients of any such modification, it shall be Client's’ responsibility to read and understand the Policy as prevalent from time to time. Installation of the App shall be deemed to constitute acceptance of the Policy as amended.
Welcome to the Qykly App and its Services :
use the Service or may choose to uninstall the Qykly App. The Service allows you to manage your monetary transactions for incomes and expenses of banks,
2. User Registration and Rules for user client conduct.
● “User or Client” means any person who accesses or avails this site or the app of the Company for the purpose of viewing, publishing, sharing, transacting, displaying or uploading information and includes other persons jointly participating in using the site or the app of the Company.
● By accessing the App or Service or our associated services, you hereby agree to be bound by these Terms and duly accepted the same. You herewith represent and warrant to the Company that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by the following terms and conditions and duly accepted the same. While individuals under the age of 18 may utilize the Service of the site, they shall do so only with the involvement & guidance of their parents and/or legal guardians. You agree to register prior to uploading any content and any other use or services of this site and provide your details including but not limited to a valid email address.
● The Company reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms. Please check these Terms for any changes on any update or you can check them whenever you may want or at periodical intervals. Your continued use of the App and Website after the posting of changes constitutes your acceptance of such changes. In addition, when using any particular services, you may be subject to any posted guidelines or rules applicable to such services. All such guidelines or rules are hereby incorporated by reference into the Terms.
● If you do not agree with the Terms, please do not use this Site or the Qykly App and you may choose to uninstall it.
● The Qykly app provides graphical visuals and smart insights into Client's spends, credit cards, bills , bank accounts, ecommerce sites, travel services as well as vouchers being fetched as per your geo-location etc.
● Registration process: To register for Qykly App you may be required to open an account by completing the registration process (i.e. by providing us with complete and accurate information as duly required by the applicable registration screen in the application). You are entirely responsible for maintaining the confidentiality of your details. In particular, as a parent or legal guardian, you acknowledge and assume sole responsibility to ensure that content which is meant for mature audiences (i.e, above the age of majority) is not accessed by children. You expressly agree to absolve the Company or Qykly App of any responsibility/liability in this regard.
● By registering, you agree to the Terms stated herein and in addition to any other specific terms which shall be posted at an appropriate location of the Site.
● To gain access to the Qykly App, you will be asked to enter your individual email address and/or other details as required or as chosen by you during your registration. Therefore, the Company does not permit the following i.e., any other person sharing your account: any part of the Site being cached in proxy servers and accessed by individuals who have not registered with the Company as users of the Site; access through a single account being made available to multiple users on a network
● If the Company is of the opinion and believes that an account is being used / misused in any manner, the Company shall reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address. Furthermore, you shall be entirely responsible for any and all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. The Company will not be liable for any loss that you may incur as a result of someone else using your account, however, you could be held liable for losses incurred by the Company or another party due to someone else using your account.
● The availability of content provided by Qykly will change from time to time. The quality of experience will vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.
● You may use the Qykly App only in geographic locations where the Company offers the App. The Company may use technologies to verify your geographic location.
● The Qykly App is developed and designed to enable SMS analytics as and when required. This App may vary by device and medium, and functionalities may also differ between devices. The Company does not warrant the performance of the software it uses, including its continuing compatibility of any device. Any unauthorized use of the application is strictly prohibited and The Company reserves the right to not provide the application (including updates) to you at any time and to discontinue the ability to access the Qykly App through such software at any time, without prior or any notice.
3. User Restrictions and Prohibitions
● Your permission to use the Qykly App is subject to the following Use and conduct restrictions and upon your agreeing and accepting that you will not under any circumstances enter and do as defined and mentioned hereto:
1. Use the Qykly App or service for any unlawful purpose or for the promotion of illegal activities
2. Provide false, malicious or any inaccurate information when registering an account
3. Enter any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive
4. Attempt to harass, abuse or harm another person or group
5. Use another user’s account without permission
6. Interfere or attempt to interfere with the proper functioning of the Service
7. Make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure
8. Bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data
9. Publish or link to malicious content intended to damage or disrupt another user’s browser or computer
10. Harm minors in any way
11. Infringes any patent, trademark, copyright or other proprietary rights
12. Violates any law for the time being in force
13. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
4. User Obligation and Conduct on Qykly App
● Upon the creation of your own personalized account, you may be able to provide (“User Content”). You shall be solely responsible for the User Content that you enter, upload, link to or otherwise make available via the Service. You agree that we are only acting as a platform of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its discretion as and when it deems fit.
● The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
You are solely responsible for your account and the activity that occurs while signed in to or while using your account.
You will not post information that is malicious, false or inaccurate.
You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and you hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You hereby agree and assure the Company that the Qykly App shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, State or local government or any other international laws. You further herewith agree to that you shall not:
● Remove, alter, deactivate, degrade or thwart any of the content protections in the Qykly App or the Site
● Either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, capture, reproduce, distribute, upload, publish, modify, translate, broadcast, sell, transmit or retransmit the Content unless duly authorized by the Company
● Either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms
● Use the Site or Qykly App in any manner that could damage, disable, overburden, or impair and not to undertake any action which is harmful or potentially harmful to any of the Company's server, or the network's, computer systems / resource connected to any of the Company server, or interfere with any other party's use and enjoyment of the Site or Qykly App
● Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site/Service
● Disrupt or place excessive loads on the App; interfere with or attempt to make or attempt any unauthorized access to the Company website or the website of any the Company's customer and also take any information which may or may not be harmful for our Clients or for our System
● Attempt to gain unauthorized access to Qykly App or any of our other accounts and computer systems or servers through hacking or any other means or try to disguise the origin of any content transmitted through the Qykly App or Site. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or the Qykly App
● Incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by the Company in writing
● Create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by the Company
● Use or launch any automated system, that accesses the Site Qykly App in a manner that sends numerous automated requests to the Site´s servers in a given period of time by using conventional web browsing application or tool for similar purposes
● You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
● Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Service. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content uploaded on the Service, or transmitted to users.
● Unauthorized use may of our Qykly App or services may result in criminal and/or civil prosecution under Central, State and local law. If you become aware of misuse of our Qykly App, please email us at [email protected]
5. Links to other sites and materials
6. Copyright Complaints
The Company respects the intellectual property rights of others and requests that the clients / users do the same. Pursuant to India Copyright Act, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat violators and infringers. The Company may upon the knowledge of the said violators, terminate access for users who are found repeatedly to provide or post protected third party content without requisite rights and permissions to do so.
7. License Grant
By posting or adding any User Content via the Service, you expressly grant, represent and warrant that you herewith give a right to grant, to the Company a royalty-free, sub licensable, transferable, perpetual, uninterrupted, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service or website or Qykly App.
8. Intellectual Property Rights and Limited License
The Company and its licensors are the sole and absolute owners of the Qykly App, as well as but not limited to the idea/thought behind the App, the copyright in all its content on the App and Website and all trademarks, logos, designs, and other insignia or emblem of trade used on the App and Website and elsewhere during the presentation of the Services, all of which are subject to protection under patent, copyright, trademark and trade secret and other intellectual property laws of India and other countries. Any copying of any part or any unauthorized use of the contents of the App shall necessitate and cause immediate termination of these Terms without prejudice to the other rights and remedies of the Company, as well as including for civil wrongs and criminal offences with penalties thereof. The Company does not promote, encourage or condone the copying of Content, or any other infringing activity. Violators will be prosecuted to the maximum extent possible under the law of the land. The content on the Qykly App including, without limitation, UI, videos, software, text, graphics, interactive features, logos, photos and all other audible and visual materials, as well as the style of operation including look and feel of the Site are the intellectual property of the Company, its licensors and its suppliers. The Content is protected by copyright, patent, trademark, international conventions and proprietary rights and all ownership rights to the Content remain with the Company and its licensors.
9. Legal Notice Process and Validity
Communications made through the Service’s e-mail and messaging system will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation. The notice shall be only said to be received by us if sent through a Speed post or through a process as initiated through a court of law, only at our registered address as given and represented on our website:
Aarvee Idea labs Pvt. Ltd , C-19, First Floor, Sector-2, Noida , Uttar Pradesh.
10. User Approval to receive Communication in Electronic Form
We may also use your mobile number or email address, to send you any messages, including information about the Company and special offers. You may opt out
of such email by changing your account settings.
Opting out may prevent you from receiving messages regarding the Company or special offers or any changes made by the Qykly App.
11. Limitation of Liability and Damages and Warranty Disclaimer
User hereby agree that the Company provides the Qykly App on 'as-is where as available basis’ with all problems and faults. You agree that use of the Site or the Qykly App is at your own risk. All warranties towards the usage of this App or services, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, for the title and non-infringement are disclaimed and excluded. No representations, warranties or guarantees whatsoever are made by the Company as to the (a) accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation; (b) that the service will be uninterrupted, timely, secure, or error-free; (c) the quality of any services, content, information, or other material on the website and the Walnut App will meet your expectations or requirements; (d) any errors in the Site and the Qykly App will be corrected; (e) warranties against infringement of any third party intellectual property or proprietary rights; or (f) other warranties relating to performance, non-performance, or other acts or omissions of the Company, its officers, directors, employees, affiliates, agents, licensors, or suppliers.
The Company does not undertakes that any of the software used and or licensed in connection with the Qykly App will be compatible with other third party software or devices nor does it warrant that operation of the App, Website or the associated software will not damage or disrupt other software or hardware that the user is working upon or using. The Company, its affiliates, and assigns, and each of their respective directors, officers, employees, agents, investors and suppliers and contractors shall not be liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages arising out of or in any way connected with the use of Site or the Qykly App, whether based in contract, strict liability, or other assumption, hypothesis, even if the Company have been advised of the possibility of damages. In the event any exclusion contained herein be held to be invalid for any reason and the Company or any of its affiliate entities, officers, directors or employees become liable for loss or damage, then, any such liability of the Company or any of its affiliate entities, officers, directors or employees shall be limited to not exceeding subscription charges paid by you in the month preceding the date of your claim for the particular subscription in question chosen by you or in condition no subscription has been paid by you or no amount was applicable then no liability shall be applicable and the User hereby and herewith Indemnifies the same to the conditions as defined and laid out in the above paragraph.
12. Indemnity by User
13. Governing Law and Arbitration
The Terms and Policies are governed by and shall be construed in accordance with the laws of the Republic of India without respect to its conflict of laws’
provisions. Disputes, if any, shall be attempted to be resolved amicably for Ninety ( 90 ) days. Any disputes which cannot be resolved, shall be referred
to an independent, sole arbitrator in New Delhi appointed by the Company's Directors in accordance with the procedure established by the Arbitration and
Conciliation Act, 1996. Subject to the foregoing, you hereby consent to the exclusive jurisdiction of the Courts in Delhi and the appointment of the sole
arbitrator by the company's director or the Board as deemed fit by the company. The appointment of the arbitrator shall be final and unchallengeable by the
user under any condition. The continued usage of this Qykly App by the user clearly is deemed to be construed as agreeable to this condition which
otherwise the user shall uninstall the App if not agreeable to this.
If the whole or any part of the performance of the respective obligations of the parties hereunder is prevented or delayed by reasons of natural calamities, war, arson, civil disturbance, failure of server response by the third parties, software malfunction provided by third parties or developed by the company itself, attack on the Qykly App or services by the hackers or any other person (s) and any such other reasons beyond the reasonable control of a person (each a “Force Majeure Event”), then to the extent either party shall be prevented or delayed from performing all or any part of their respective obligations under this Agreement despite due diligence and reasonable efforts to do so, then such party shall be excused from performance hereunder for so long as reasons of Force Majeure Event continue. A Force Majeure Event shall not affect the payment obligations of the parties unless there is legal bar / embargo to the making of the payments.
Notwithstanding that the whole or any part of any provision of these Terms may prove to be illegal or unenforceable, the other provisions of these Terms and the remainder of the provision in question shall continue in full force and effect.
The right to use the App is personal to you and is not transferable by assignment, sublicense, or any other method to any other person or entity and if found to do so the user can be subject to the breaches of law as clearly mentioned before.
15. General Terms
These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporary understandings or agreements, written or oral, regarding such subject matter.