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TERMS OF USE

This "Terms of Use" document constitutes an electronic record of the terms governing the use of QRkey, a brand of OrderFly Private Limited. QRkey, OrderFly Private Limited, and all related websites, applications, and platforms operated by OrderFly Private Limited are subject to these terms. This document should be read in conjunction with the terms of use available for individual products and services provided by OrderFly Private Limited.

QRkey Overview

QRkey, a brand of OrderFly Private Limited, is a service that enables you to create, send, and manage marketing emails, WhatsApp messages, notifications, and promotional SMS, along with providing a suite of restaurant management software as a service (SaaS). These services are offered to you or the entity you represent (hereinafter "you" or "your") by OrderFly Private Limited (hereinafter "QRkey," "we," "us," "our," or "OrderFly") under the following terms and conditions (hereinafter "terms") in addition to OrderFly’s general terms of service and privacy policies. By using any of QRkey's platforms, you accept these terms. If you disagree with these terms, do not use QRkey or any of OrderFly's platforms.

The Service

QRkey offers a comprehensive service for managing marketing emails, WhatsApp messages, notifications, and promotional SMS. Additionally, QRkey allows you to build and manage contact lists via embedded subscription forms, form code integration on your website, or by importing contacts from any Customer Relationship Management (CRM) software or database.

Restrictions on Use

By using QRkey, you agree not to use the platform for sending communications that:

Information Entrusted to QRkey

When using QRkey, you may provide data about your customers, employees, or any other individuals whose information you control. This data, referred to as "service data," may be stored on our servers or shared with us when you request technical support or use our services. QRkey may also collect and store information from mobile devices when allowed, such as location data, access to the camera, microphone, or files. You may revoke such access at any time by adjusting your device settings.

Ownership and Control of Service Data

When you provide data to QRkey, you grant us ownership of the data in both its original and processed forms. QRkey is responsible for safeguarding this data and may use it as deemed necessary. Processed data derived from the original information also belongs to QRkey, and access to it is granted at our discretion. We will maintain your data for as long as you use QRkey services, but your access will be restricted once your account is terminated.

Anti-Spam Policy

You are required to comply with QRkey's Anti-Spam Policy and any applicable laws regarding commercial communications. You may only send marketing campaigns to contacts who have given their explicit consent, which includes:

You are prohibited from sending marketing campaigns to contacts if:

Consent

You must obtain explicit consent from contacts before sending them commercial emails or promotional SMS. Consent must be granted separately through a deliberate action, such as a checkbox on a form or a written confirmation.

Email Campaigns

QRkey reserves the right to monitor the content of your campaigns to ensure compliance with these terms. This includes sharing information with affiliates and service providers to improve delivery and detect spam.

SMS Campaigns

You must comply with the regulatory requirements and terms of service from all involved authorities and providers. QRkey may monitor the content and usage patterns of your SMS campaigns to ensure compliance. If violations occur, QRkey may suspend or terminate your access to the service.

WhatsApp and Notification Campaigns

When using WhatsApp or notification services, you must adhere to the terms and policies of the respective platforms. Any violations or compliance failures are your sole responsibility.

Suspension or Termination of Service

QRkey may suspend or terminate your access to SMS, WhatsApp, or other campaign services for any violation of these terms, repeated complaints, or instructions from service providers.

Usage Limits

QRkey may impose usage limits based on your chosen plan. It is your responsibility to ensure compliance with these limits to avoid service disruption.

QRkey Cashback Terms & Conditions (Cashback offered By QRkey)

Eligibility: Cashback offers are only applicable to QRkey users who have successfully launched a marketing campaign (Email, SMS, WhatsApp, or Notification) via the QRkey platform within the offer period.

Cashback Value: The cashback amount will be calculated as a percentage of the total amount spent on the campaign, as specified in the offer details. The cashback is offered as "up to" a certain value, meaning the actual cashback amount may vary depending on the campaign spend, and will not exceed the maximum cashback value stated in the offer.

Offer Period: The cashback offer is valid for campaigns launched between [start date] and [end date]. QRkey reserves the right to modify or withdraw the offer at any time.

Cashback Credit: Cashback will be credited to your QRkey account as platform credits within 7-10 business days after the successful completion of the campaign. These credits can be used towards future campaigns or service fees on the QRkey platform.

Usage of Cashback: Cashback credits cannot be withdrawn as cash and can only be used on the QRkey platform. Cashback credits will expire if not used within 90 days of being credited.

Limitations: Cashback is applicable only for campaigns that meet the minimum spend criteria (as specified in the offer details). Maximum cashback per user is capped at [amount].

Refunds: If a campaign is cancelled or refunded, any associated cashback will be voided, and credited cashback will be revoked.

Non-Transferable: Cashback credits are non-transferable and can only be used by the account holder who earned them.

Fraudulent Activity: QRkey reserves the right to disqualify or revoke cashback from any user engaging in fraudulent activities, including multiple account usage or other misuse of the cashback program.

Changes to Terms: QRkey reserves the right to modify the terms of the cashback offer at its sole discretion. Any changes will be communicated via email or platform notification.

QRkey Discount Conditions

Eligibility: Discounts are available only to users who launch marketing campaigns through the QRkey platform during the specified offer period.

Discount Application: The discount will be automatically applied at checkout when launching a campaign. Only one discount code can be used per campaign and only when applicable and eligible.

Minimum Spend: To qualify for the discount, the total campaign spend must meet the minimum value specified in the offer details. Discounts cannot be applied to campaigns that do not meet this threshold.

Discount Limit: Discounts are subject to a maximum cap, which will be specified in the individual offer. Discounts cannot exceed the maximum discount amount, regardless of total campaign spend. Where discounts are advertised as "up to" a certain percentage or amount, this means the discount may vary based on the total spend, with the discount not exceeding the stated "up to" value.

Definition of “Up to”: The term "up to" indicates the maximum value or percentage that can be achieved under the offer. It does not guarantee that all users or campaigns will receive the full value. The actual discount or cashback amount depends on the qualifying conditions such as spend limits, campaign type, or user eligibility, and will not exceed the maximum "up to" value stated.

Offer Period: The discount is valid for campaigns launched between [start date] and [end date]. QRkey reserves the right to modify or end the discount offer at any time without prior notice.

Exclusions: Discounts are not applicable to any additional service fees, platform subscriptions, or third-party integrations. Discounts cannot be combined with other promotions or offers unless explicitly stated.

Non-Transferable: Discounts are non-transferable and cannot be exchanged for cash or any other product/service.

Refunds and Cancellations: In the event of a campaign refund or cancellation, any discounts applied to the original campaign will be voided, and the user will be liable for the full amount of the campaign.

One-Time Use: Each discount code can be used only once per account, unless otherwise specified in the offer.

Modification of Terms: QRkey reserves the right to modify or cancel discount conditions at any time. Any changes will be communicated through email or platform notifications.

 

Terms on Pricing of Messaging Credits

Pricing Structure: The pricing for messaging credits on the QRkey platform is based on the type of message being sent, including WhatsApp marketing messages, SMS, Email, and Notifications. Each messaging service is priced separately according to the rates listed in the QRkey Messaging Credits and Pricing List.

Messaging Credit Definition: Each messaging credit is equivalent to one communication sent to a customer, regardless of the type of message (WhatsApp, SMS, Email, or Notification). A single message sent through any of these channels will deduct one credit from your available balance.

WhatsApp Marketing Messages: The cost for WhatsApp marketing messages is charged on a per-message basis. Each WhatsApp message sent will deduct one messaging credit. Pricing may vary depending on message volume, region, and any additional features like media attachments, as detailed in the pricing list.

SMS Messages: Each SMS sent will deduct one messaging credit from your account. The cost of SMS messages depends on the destination country, message volume, and whether it is promotional or transactional. Rates are outlined in the Messaging Credits and Pricing List.

Email Marketing: For each email sent in your marketing campaign, one messaging credit will be deducted. Volume discounts may apply for larger campaigns, and the exact rates are available in the pricing guide.

Notifications: Each notification (in-app or push) sent through QRkey will use one messaging credit. The cost of notifications is based on the volume sent and is outlined in the pricing list.

No Refund or Cancellation Policy: QRkey follows a strict No Refund and No Cancellation policy. Once messaging credits or any other services have been purchased, they cannot be refunded, cancelled, or reversed under any circumstances. Purchases must be utilized exclusively for sending marketing communications through the QRkey platform and cannot be adjusted or transferred for use against any other services provided by QRkey.

Rate Changes: QRkey reserves the right to update the pricing of messaging credits at any time. Any rate changes will be reflected in the QRkey Messaging Credits and Pricing List and will apply immediately to future campaigns.

Credit Purchase: Users must purchase messaging credits in advance, and the credits will be deducted from their balance as campaigns are launched. Unused credits can be applied to future campaigns but are non-refundable and non-transferable to any other QRkey services.

Region-Specific Pricing: Pricing for WhatsApp, SMS, Email, and other messaging services may vary by region due to local carrier and service provider fees. Users should consult the pricing list for region-specific rates.

Billing: Messaging credits are billed at the time of purchase, and users will receive an invoice detailing the total cost and number of credits purchased. Credits remain valid and do not expire unless specified otherwise on the platform.

Refund Policy: In line with QRkey's No Refund policy, once messaging credits have been purchased, they cannot be refunded or cancelled. This applies even if a campaign is paused, cancelled, or not used in its entirety. Credits can only be used for marketing communications and cannot be adjusted or exchanged for any other services provided by QRkey.

Terms on Discounts Offered by Merchant Partners

These terms govern the creation, offering, and redemption of discounts, offers, and promotional campaigns (hereinafter referred to as “Discount Campaigns”) by merchant partners (hereinafter referred to as “Merchant” or “Merchant Partner”) using the QRkey platform.

1. Responsibility of the Merchant Partner

- The Merchant Partner is solely responsible for the creation, communication, and execution of any Discount Campaigns through the QRkey platform.

- QRkey holds no responsibility for the content, validity, or redemption of any Discount Campaigns created by the Merchant Partner.

- The Merchant Partner is required to ensure that all details of the Discount Campaigns, including discount amounts, terms, expiration dates, product or service applicability, and other relevant information, are clearly communicated to end users.

- All Discount Campaigns initiated by the Merchant Partner must be honoured as per the terms presented to the customers. Any failure to do so will be the sole responsibility of the Merchant Partner, and QRkey will bear no liability in such cases.

2. Discount Creation and Promotion

• Merchants must ensure that all legal requirements and advertising standards are adhered to when designing and promoting Discount Campaigns.

• Discount Campaigns must include clear details such as:

- Discount percentage or fixed amount

- Validity period

- Eligible products or services

- Exclusions, limitations, or conditions for redemption.

• The Merchant Partner is responsible for ensuring the availability of discounted items or services as promised in the campaign. Failure to provide the discounted services or products may result in legal disputes, for which QRkey will not be held responsible.

3. Redemption and Honor of Discounts

• The Merchant Partner must ensure that all discount codes, coupons, or offers are valid and redeemable through their systems, including online platforms or in-person services.

• Any complaints or disputes arising from invalid or non-redeemable Discount Campaigns are the Merchant Partner's sole responsibility. QRkey is not responsible for resolving such disputes.

• The Merchant Partner is accountable for ensuring all necessary tools and systems are in place for customers to easily redeem the Discount Campaigns.

4. Pre-Created Discount Offers

• QRkey may offer pre-created or template-based discount offers for the Merchant Partner’s convenience. These offers are designed to simplify the selection and execution of Discount Campaigns.

• The Merchant Partner is still fully responsible for any pre-created offers chosen from the QRkey platform. These templates are provided solely for convenience, and QRkey takes no responsibility for their content or the results of their execution.

• Even when selecting a pre-created discount offer, the Merchant Partner remains responsible for:

-         Ensuring the accuracy and clarity of the discount details presented to customers.

-         Verifying that the discount offer complies with applicable laws.

-         Honouring the discount in full, as per the displayed terms and conditions.

• QRkey shall not be held liable for any obligations arising from the Merchant Partner's use of pre-created discount offers, including but not limited to honouring discounts, clear communication, or accuracy of offer details.

5. No Involvement of QRkey in Discount Management

• QRkey’s role is limited to providing a platform for the creation, management, and distribution of Discount Campaigns. QRkey has no involvement in setting the terms, managing, or enforcing any discount offers created by the Merchant Partner.

• QRkey does not guarantee any specific outcomes, such as increased sales or customer engagement, from Discount Campaigns created through the platform.

• QRkey will not be held responsible for any disputes, discrepancies, or claims related to the content or execution of the Discount Campaigns initiated by the Merchant Partner.

6. Merchant’s Obligation to Maintain Accuracy

• The Merchant Partner is solely responsible for ensuring that all discount-related information, including discount terms, coupon codes, expiration dates, and product applicability, is accurate before launching the campaign.

• If the Merchant Partner makes any changes, extensions, or cancellations to Discount Campaigns, these must be promptly communicated to the end customers.

• QRkey will not be liable for any errors or omissions in discount communication made by the Merchant Partner.

7. Compliance with Legal and Regulatory Requirements

• The Merchant Partner agrees to comply with all applicable laws, regulations, and industry standards when offering Discount Campaigns.

• The Merchant Partner must not engage in misleading or deceptive practices that could result in consumer protection violations.

• The Merchant Partner agrees to indemnify and hold QRkey harmless from any legal or regulatory actions arising from their Discount Campaigns.

8. Finality of Discount Campaign Terms

• Once launched, the terms and conditions of the Discount Campaign, as determined by the Merchant Partner, are final and binding. QRkey will not intervene in any dispute related to the enforcement of these terms.

• In the event of early termination or cancellation of a Discount Campaign, the Merchant Partner is solely responsible for addressing any potential legal or financial consequences, and QRkey will not be held liable.

9. No Refunds or Adjustments

• Any fees paid for the creation and execution of Discount Campaigns via QRkey are non-refundable.

• Unused campaigns or discrepancies in the Discount Campaign execution will not entitle the Merchant Partner to refunds or credits. Discounts once communicated to end users cannot be withdrawn or altered unless clearly stated in the campaign terms and communicated to customers in advance.

10. Limitation of QRkey’s Liability

• QRkey’s sole role is providing a platform to create and launch Discount Campaigns. Under no circumstances will QRkey be responsible for honouring or enforcing any discounts or promotional offers made by the Merchant Partner.

• QRkey will not be liable for any losses, claims, or damages resulting from the Merchant Partner’s failure to properly execute or honour their Discount Campaigns.

11. Modification of Terms

• QRkey reserves the right to modify these terms at any time. Merchant Partners will be notified of any significant changes, and continued use of QRkey’s platform for Discount Campaigns after such modifications will signify acceptance of the updated terms.

• It is the Merchant Partner's responsibility to regularly review these terms to ensure continued compliance.

These terms must be read in conjunction with QRkey’s General Terms of Use and Privacy Policies. By creating or selecting Discount Campaigns on QRkey, the Merchant Partner agrees to abide by all the terms outlined above.

Loyalty Program and Cashback Terms

By proceeding with the roll-out of any Discount Campaign or promotional offer, the Merchant Partner agrees to offer a loyalty program to customers through the QRkey platform and hereby instructs QRkey to configure such a loyalty program. This program will provide cashback benefits to customers based on the order value, as outlined in the following slab structure:

1. Cashback Slabs

10% Cashback in the form of reward points, up to a maximum of ₹25, on all orders with a value between ₹1 to ₹250.

15% Cashback in the form of reward points, up to a maximum of ₹75, on all orders with a value between ₹251 to ₹500.

20% Cashback in the form of reward points, up to a maximum of ₹100, on all orders with a value equal to or greater than ₹501.

2. Responsibility for Loyalty Program

The Merchant Partner is solely responsible for honouring the cashback rewards as agreed upon in the loyalty program. QRkey’s role is limited to configuring the system to facilitate this program, and QRkey holds no responsibility for ensuring the fulfilment of rewards.

Any disputes or issues arising from the cashback offers, including but not limited to incorrect application of reward points, will be the sole responsibility of the Merchant Partner.

3. Clear Communication

The Merchant Partner must clearly communicate the terms of the loyalty program, including cashback amounts, redemption terms, and eligibility, to end users. QRkey will not be responsible for any miscommunication or discrepancies in the loyalty program details.

4. Modifications and Updates

Any modifications to the loyalty program, including changes in cashback percentages or caps, must be promptly communicated to customers and reflected in the Merchant Partner’s systems. QRkey will not be liable for any discrepancies or disputes arising from changes that are not properly communicated.

5. Finality of Loyalty Program Terms

The loyalty program terms, including cashback percentages and maximum limits, are final upon campaign roll-out. The Merchant Partner is solely responsible for ensuring compliance with these terms and for resolving any customer disputes related to cashback rewards.

6. Non-Refundable Configuration

Fees paid for configuring the loyalty program through QRkey are non-refundable. Any unused configurations or failure to honor cashback rewards will not entitle the Merchant Partner to refunds or adjustments.

By proceeding with the campaign roll-out, the Merchant Partner acknowledges and agrees to these loyalty program terms and assumes full responsibility for managing and honouring the cashback rewards as described.

Violations                                                                                                                                                                                   

If you violate these terms, QRkey may suspend or permanently terminate your account at its discretion.

Modification of Terms of Use

QRkey reserves the right to modify these terms at any time. Changes become effective when you use QRkey after such modifications are published.

OrderFly Platforms Policies

The Terms of Use across all OrderFly products apply to QRkey users. We encourage you to review these policies via the links provided for each platform.

Web.qrkey.in: https://web.qrkey.in/pages/terms-of-use

OrderFly.in: https://orderfly.in/termsofuse.html

App.qrkey.in: https://app.qrkey.in/pages/terms

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