Digital Item Terms & Condition
All the sites of Qocial Private Limited (e.g. Qocial.com) is. an ecosystem of digital marketplaces helps millions of people around the world get creative and earn online. When you create an account and accept these terms you become a member of our community.
- You will have an account at all the sites of Qocial Private Limited (e.g. Qocial.com) which may be linked to our other marketplaces like all the sites of Qocial Private Limited (e.g. Qocial.com) which allows you to buy and sell items and services on our ecosystem.
- All the sites of Qocial Private Limited (e.g. Qocial.com) are platforms that allow members to buy and sell the license to use various digital items and sell services
- All the items of Qocial Private Limited(e.g. Qocial.com) are owned by authors, not by us. The items on all the sites of Qocial Private Limited( e.g. Qocial.com) are uploaded in the direction of the author. We provide platform services, we do not take ownership of the items.
- During your time with us, you agree to follow the ground rules outlined in these terms so please read and understand them. If you don’t accept the terms then we’ll be sad, but you will need to leave because your presence on and use of all the sites of Qocial Private Limited (e.g. Qocial.com) is conditional on your acceptance to be bound by these terms and the Acceptable Use Policy whether you become a member or not.
- If you stream or download a preview file from our sites or affiliate website, you agree that you will not remove any watermarking or other protective measures from the preview file. You agree that you will use the preview file solely for the purposes of evaluating a purchase from all the sites of Qocial Private Limited (e.g. Qocial.com) or the affiliate websites and not for any other purpose.
How Buying Items Works?
What are you buying:
- When you buy an item, you acquire the right to use that item; you’re not actually acquiring the item itself. What you get includes a license directly from the author to use that item for your own purpose or for your single client per purchase.
- Authors can choose whether or not to give support on certain items or buyers. If an author chooses to support an item or buyer, this will be followed up on our service support page at all the sites of Qocial Private Limited (e.g. Qocial.com) and ducument.com
- The total price of an item on all the sites of Qocial Private Limited (e.g. Qocial.com) is made up of:
Item Price: Price of the item or product available for purchase.
Buyer FEE: This is the fee for the buyer services you get from all the sites of Qocial Private Limited (e.g. Qocial.com), all the sites of Qocial Private Limited (e.g. Qocial.com) or Ducument.com
Handling FEE: These are the transaction and service charges of our marketplaces.
Taxes: These are the tax fee.
Terms of Buying:
- you warrant to us and the author that you have carefully considered the suitability of your single-use license and that you have chosen appropriately, for some product, we have domain lock license which is done to protect for Single purchase for Single Project. If you plan to start a new project or want to start on New Business, Fresh new copy of product purchase is required.
- you cannot cancel a completed purchase of an item.
- we and the authors do not promise that any particular item will continue to be available on all the sites of Qocial Private Limited (e.g. Qocial.com) or affiliated website, so you should download and save the item as soon as it is available to you.
- Once you buy or download an item and the item has been paid for, you acquire a non-exclusive license to use the item under the terms set out as per our license agreement mentioned above on what are you buying.
- The author retains ownership of the item.
- Your relevant details may be provided to the author of the item in order to facilitate the transaction, for example invoicing and item support services.
- We have the right to enforce against you the terms of the license that you have acquired from an author.
- Transfer of license is strictly prohibited until unless mentioned during purchase!
- You may purchase a license on the customer behalf, but it can not be used in multiple products.
- In cases of domain lock license products like EduPAAS, EduSAAS, or any other Item provided by the Author. The author may / may not charge change of the domain name for the same license. This is completely on the Author/developer's bill. When you buy an item, you accept this term of being charged extra by the author for the change of domain for the same license.
- To determine if the product comes with a domain lock license, Please check “system requirements” in the Product description where it will be mentioned “Ioncube loader” as one of the system requirements. Mention of Ioncube loader in System requirements inside Product description may make the product come with a single domain lock license.
- The author may mention the domain lock license in the product description as well.
- The description set by the Author for the product is also part of the product terms and conditions for that particular product. So, Please read the Product description clearly.
Given the nature of digital content, a refund or credit on a purchase is not granted unless one of the warranties given by the author below has been breached
- download item does not match, the functionality as described and with demo URL provided;
- the terms of the applicable license do not infringe on the intellectual rights of someone else;
- the item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
- the item and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);
- the item does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
- authors have the rights necessary to license that item on the terms of the applicable license;
- authors will process your data in accordance with applicable privacy law and data protection regulations.
or a refund is required under below refund policy –
- Item is not as described
- Item doesn’t work the way it is described
- Item has a security vulnerability
Why a refund may not be given
If the item is materially similar to the description and preview and works the way it should, there is generally no obligation to provide a refund in situations like the following:
- you don’t want it after you’ve downloaded it;
- the item did not meet your expectations;
- you simply change your mind;
- you bought an item by mistake;
- you do not have sufficient expertise to use the item;
- you ask for goodwill; or
- you can no longer access the item because it has been removed (we advise you to download items as soon as it is made available to you to avoid this situation).
If you and an author can’t come to an agreement about a refund, you can raise a dispute and have all the sites of Qocial Private Limited (e.g. Qocial.com) or all the sites of Qocial Private Limited (e.g. Qocial.com) investigate the matter. We will make a decision based on all available information and you agree that our decision is final.
Disputes lodged with payment agents: If, as a buyer via your all the sites of Qocial Private Limited (e.g. Qocial.com) Market account, you lodge a dispute with a payment agent, this will result in a freezing of your all the sites of Qocial Private Limited (e.g. Qocial.com) Market account and any other associated account or service until the dispute raised with the payment agent has been canceled. This makes it very complex to resolve any related issues and means we cannot make payments or issue refunds out of your all the sites of Qocial Private Limited (e.g. Qocial.com) Market account, so we encourage buyers to contact us directly first to see if we can help resolve any concerns.
Copyright, trademark, and intellectual property claims: We respect the intellectual property rights of others and we require that authors do the same. If you believe that an item or member content infringes an intellectual property right (including copyright) please see the information below :
- Contact the author directly
- Submit a DMCA takedown notice
- Submit a General IPR Notice
Liability and indemnity – between us and you
- We provide platform services, not the items on all the sites of Qocial Private Limited (e.g. Qocial.com).
- You indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of all the sites of Qocial Private Limited (e.g. Qocial.com) Market and any content you post to all the sites of Qocial Private Limited (e.g. Qocial.com) Market (including, if you are an author, your items).
- If you are a buyer, you agree that we are not responsible for, and you release us from liability arising out of or in connection with:
(a) Items on all the sites of Qocial Private Limited (e.g. Qocial.com) market
(b) Information provided by authors about their items
(c) your use of items from all the sites of Qocial Private Limited (e.g. Qocial.com) market or affiliate website
- Our liability to you in connection with our sites or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
(a) we exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense; and;
(b) our total liability to you is limited to the greater of USD100 and the total buyer fees paid by you in the 12 months before liability accrued.
Blocking a member, disabling an account or refusing to process a payment. We may block you, terminate any of your all the sites of Qocial Private Limited (e.g. Qocial.com) accounts or refuse to process a payment, including withholding your account balance indefinitely, if we reasonably believe there is a risk associated with you, your all the sites of Qocial Private Limited (e.g. Qocial.com) account, or that payment, including if it breaches a law or regulation.
Changes to all the sites of Qocial Private Limited (e.g. Qocial.com) Market Terms: We may change these terms at any time and, if we make changes, we will take reasonable steps to let our community know about the changes. You can also keep track of whether changes have been made to our terms by referring to the version and effective date at the footer of the terms. You can close your Market Account and terminate your agreement with us at any time if you do not agree to the changes. However, if you continue to use all the sites of Qocial Private Limited (e.g. Qocial.com) Market sites after the changes are made, then you will be agreeing to the changes.
Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.
Applicable Laws: We control and operate the all the sites of Qocial Private Limited (e.g. Qocial.com) Market from our offices in India. The laws of Delhi, India govern these terms, and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.