Terms of Use for the Digi Parking Website

1. The Parties

Beyond Quantum Technologies Private Limited is a company incorporated under the Companies Act, 2013, bearing Corporate Identity Number (CIN) [INSERT CIN], with its registered office at [INSERT REGISTERED OFFICE ADDRESS], India (the “Company,” “Beyond Quantum,” “we,” “us,” or “our”).

Digi Parking is a project of the Company. It is a technology platform for QR-code-based parking access management. Digi Parking is a brand and product name — it is not a separate legal entity, is not separately incorporated, and cannot sue or be sued in its own name. Every reference to “Digi Parking” in this document means Beyond Quantum Technologies Private Limited, and every right, limitation, exclusion, and indemnity expressed in favour of Digi Parking operates in favour of the Company.

The Company may operate projects, brands, and products in addition to Digi Parking. This document governs only what its scope section says it governs.

These Terms of Use (“Terms”) are a legally binding contract between you (“User,” “you,” or “your”) and the Company.

These Terms constitute an electronic record within the meaning of the Information Technology Act, 2000 and the rules made under it. They are generated by a computer system and do not require any physical or digital signature. They are governed by the Indian Contract Act, 1872, the Information Technology Act, 2000, the Consumer Protection Act, 2019, and all other applicable laws of the Republic of India.

2. Acceptance

You accept these Terms by taking a clear affirmative action indicating acceptance — ticking the acceptance box presented on any form, or clicking a button marked as accepting these Terms.

If you are accepting on behalf of a company, firm, or other organisation, you represent that you have authority to bind that organisation, and “you” includes that organisation.

3. Definitions

• Website: the website at digiparking.net and any subdomain, together with all pages, features, and functionality made available through it.
• Content: all text, graphics, images, photographs, video, audio, software, code, data, layout, design, look and feel, trade marks, logos, and other material available on or through the Website.
• User Content: any material you submit to the Website, including enquiry text, uploaded documents, job applications, and feedback.
• Applications: the mobile applications published by the Company, including the customer application and the operator application, each governed by its own separate Terms of Use and Privacy Policy.
• Operator: an independent third party that owns, leases, manages, or operates a parking facility and uses the Company’s technology to manage access to that facility.
• Services: the parking access management services delivered through the Applications. The Services are not delivered through the Website.

4. Eligibility

You may use the Website only if you are at least 18 years of age and competent to contract under Section 11 of the Indian Contract Act, 1872. By using the Website you represent and warrant that you meet this requirement.

If you are under 18, you may use the Website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

You may not use the Website if you are barred from doing so under any applicable law, or if we have previously suspended or terminated your access.

5. What the Website Does — and Does Not Do

The Website is an informational and marketing property. Its functions are limited to:

• providing information about the Company, its projects, and its products
• receiving business enquiries and partnership applications
• receiving job applications
• providing links to download the Applications from third-party app stores
• publishing legal documents, policies, and support material

6. Licence to Use the Website

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and view the Website for your own personal or internal business purposes.

This licence does not permit you to:

• resell, redistribute, or commercially exploit any part of the Website or its Content
• frame, mirror, or embed the Website or any substantial part of it within another website
• use the Website or its Content to build, train, fine-tune, or evaluate any machine learning model, dataset, or artificial intelligence system
• systematically extract, download, copy, or store Content, whether manually or by automated means

7. Acceptable Use

You agree that you will not, will not attempt to, and will not permit any other person to:

7.1 Unlawful and harmful conduct

• use the Website for any purpose that is unlawful, fraudulent, deceptive, or prohibited by these Terms
• post, transmit, or make available any material that is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, or otherwise unlawful
• post, transmit, or make available any material that threatens the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign states, or public order, or that causes incitement to the commission of any cognisable offence, prevents investigation of any offence, or insults any foreign state
• impersonate any person or entity, or misrepresent your affiliation with any person or entity
• use the Website to send unsolicited commercial communications, chain letters, or spam

7.2 Technical interference and security

• introduce any virus, worm, trojan, logic bomb, keystroke logger, spyware, ransomware, or other malicious code
• attempt to gain unauthorised access to the Website, its servers, any account, or any system or network connected to it
• probe, scan, or test the vulnerability of the Website, or breach or circumvent any security or authentication measure
• interfere with or disrupt the Website, its servers, or networks, including by overloading, flooding, denial-of-service, or distributed denial-of-service attack
• use any robot, spider, scraper, crawler, or other automated means to access the Website, except for a search engine operating in accordance with our robots.txt file
• bypass, disable, or interfere with any rate limit, access restriction, bot mitigation, or CAPTCHA
• decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code of any software forming part of the Website

7.3 Content and intellectual property

• copy, reproduce, republish, upload, post, transmit, distribute, modify, adapt, translate, or create derivative works from any Content without our prior written permission
• remove, obscure, or alter any copyright, trade mark, or other proprietary notice
• use any of our trade marks, service marks, trade names, logos, or brand features, including “Digi Parking” or “Beyond Quantum”, without prior written permission

We may investigate any suspected breach of this section, and may suspend or terminate your access, remove User Content, and report the matter to law enforcement, without prior notice and without liability to you.

8. User Content

8.1 Your responsibility

You are solely responsible for any User Content you submit. You represent and warrant that:

• you own the User Content or have all rights and permissions necessary to submit it
• the User Content is accurate and not misleading
• the User Content does not infringe the intellectual property, privacy, publicity, or other rights of any person
• the User Content does not breach Section 7
• the User Content does not contain personal data of a third party submitted without that person’s consent

8.2 Licence you grant to us

By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, and sublicensable licence to use, reproduce, store, adapt, publish, translate, and distribute that User Content for the purposes of operating, improving, and promoting the Website and our business, and for responding to your enquiry.

This licence lasts for as long as we retain the User Content under the retention periods stated in our Website Privacy Policy, and ends when the User Content is deleted. Where User Content contains personal data, this licence does not override your right to erasure under Section 12 of the DPDPA and does not entitle us to retain personal data beyond those retention periods. Job application material is used only to assess your application and is not published or used for promotion.

8.3 Feedback

If you send us suggestions, ideas, feature requests, or other feedback, we may use that feedback without restriction, without attribution, and without any obligation to compensate you. You waive any claim to ownership of, or compensation for, any product or feature we develop that incorporates or resembles your feedback.

8.4 No obligation to monitor

We are not obliged to monitor User Content. We reserve the right, but assume no obligation, to review, screen, edit, refuse, or remove any User Content at our sole discretion, at any time, and without notice or liability.

9. Intellectual Property

All Content on the Website, and all intellectual property rights subsisting in it — including copyright, trade marks, design rights, database rights, patents, and trade secrets — is owned by the Company or its licensors and is protected by the Copyright Act, 1957, the Trade Marks Act, 1999, the Designs Act, 2000, the Patents Act, 1970, and applicable international treaties.

The names “Beyond Quantum Technologies Private Limited”, “Beyond Quantum”, and “Digi Parking”, together with all associated logos, device marks, taglines, and product names, are trade marks of the Company, whether registered or unregistered. Nothing in these Terms grants you any right to use them.

9.1 Copyright complaints

If you believe material on the Website infringes your copyright, write to the Grievance Officer at the address in Section 18 with: identification of the copyrighted work; identification of the material you say is infringing and its location on the Website; your contact details; a statement that you have a good-faith belief the use is not authorised; and a statement that the information in your notice is accurate and that you are the rights owner or authorised to act on their behalf.

We will act on valid notices in accordance with Section 52(1)(c) of the Copyright Act, 1957 and Rule 75 of the Copyright Rules, 2013, under which access to the material may be disabled for 21 days pending an order from a competent court.

10. Third-Party Links and Resources

The Website may contain links to third-party websites, applications, app stores, and resources, provided for convenience only.

We do not control, endorse, sponsor, or assume responsibility for any third-party website or resource, its content, its products or services, its privacy practices, or its terms. A link is not an endorsement. Your dealings with any third party found through the Website — including any purchase, download, or transmission of data — are solely between you and that third party. We are not a party to those dealings and are not liable for any loss or damage arising from them.

11. Availability of the Website

We do not guarantee that the Website will be available at all times or without interruption. We may suspend, withdraw, restrict, or modify all or part of the Website, temporarily or permanently, for maintenance, upgrade, security, legal, commercial, or any other reason, without notice and without liability to you.

You are responsible for arranging your own access to the Website, including internet connectivity and compatible devices, and for ensuring that anyone accessing the Website through your connection is aware of and complies with these Terms.

12. Disclaimer of Warranties

Information on the Website is provided for general informational purposes only. It does not constitute legal, financial, technical, or professional advice and must not be relied upon as such. You should obtain independent professional advice before acting on anything on the Website.

Information relating to parking locations, rates, capacity, availability, opening hours, and facilities is supplied by third-party Operators. We do not verify it and make no representation as to its accuracy, completeness, or currency.

Nothing in this section excludes or limits any warranty, condition, or right that cannot be excluded or limited under the Consumer Protection Act, 2019 or any other applicable law.

13. Limitation of Liability

Aggregate cap. To the maximum extent permitted by applicable law, our total aggregate liability to you for all claims arising out of or in connection with these Terms or your use of the Website, in the aggregate and across all such claims, shall not exceed the greater of (a) the total amount you have paid to us in connection with the Website in the twelve months preceding the event giving rise to the claim, or (b) one thousand Indian Rupees (₹1,000).

These limitations reflect a reasonable allocation of risk between the parties. You acknowledge that we would not be able to offer the service on the present commercial basis without them.

What is not excluded. Nothing in this agreement excludes or limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; our own wilful misconduct; any liability under the Digital Personal Data Protection Act, 2023, which cannot be excluded by contract; or any other liability that cannot lawfully be excluded or limited.

14. Indemnity

You agree to defend, indemnify, and hold harmless Beyond Quantum Technologies Private Limited, its directors, officers, employees, agents, contractors, licensors, affiliates, and successors, from and against any and all claims, demands, actions, proceedings, liabilities, losses, damages, judgments, awards, penalties, fines, costs, and expenses (including reasonable legal fees and disbursements on a full indemnity basis) arising out of or in connection with:

• your use of or access to the Website
• your breach of these Terms or of any applicable law
• any User Content you submit
• your infringement of any intellectual property, privacy, publicity, or other right of any third party
• any misrepresentation made by you
• any attempt by you to gain unauthorised access to, interfere with, or damage the Website or any system connected to it
• any dispute between you and any third party arising from your use of the Website

We reserve the right, at your expense, to assume exclusive defence and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with our defence. You may not settle any such matter without our prior written consent. This indemnity survives termination of these Terms.

Nothing in this indemnity requires you to indemnify us against loss caused by our own negligence, wilful misconduct, or breach of law.

15. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations where that failure or delay results from a cause beyond its reasonable control, including: act of God; flood, earthquake, fire, storm, or natural disaster; epidemic or pandemic; war, invasion, hostilities, terrorist attack, riot, or civil commotion; nationalisation, expropriation, sanction, embargo, or other action by a government authority; strike, lockout, or industrial dispute; failure of public or private telecommunications networks, internet service providers, electricity supply, or hosting infrastructure; or any change in law making performance unlawful.

A cyber attack against our systems by a third party may constitute a force majeure event in relation to service availability. It does not relieve us of our obligation under Section 8(5) of the DPDPA to take reasonable security safeguards, nor of our breach notification obligations, and we do not seek to treat it as doing so.

This clause does not excuse an obligation to pay an amount that has already fallen due. If a force majeure event continues for more than sixty days, either party may terminate on written notice without further liability.

16. Suspension and Termination

We may suspend or terminate your access to the Website, in whole or in part, immediately and without notice, if we reasonably believe that you have breached these Terms, that your use poses a security risk, that suspension is required by law or by a competent authority, or that continued access would expose us or any third party to liability.

You may stop using the Website at any time.

Termination does not affect any right, remedy, obligation, or liability that has accrued up to the date of termination.

17. Dispute Resolution

Good-faith escalation

Before commencing any formal proceeding, the party raising a dispute must give the other written notice describing the dispute, the relief sought, and the factual basis for the claim. The parties will then attempt in good faith to resolve the dispute through discussion for a period of thirty days from the date of that notice.

Arbitration

If the dispute is not resolved within thirty days of that notice, it shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, as amended.

• Number of arbitrators: one.
• Appointment: by mutual agreement between the parties. Failing agreement within thirty days of a request, the arbitrator shall be appointed in accordance with Section 11 of the Arbitration and Conciliation Act, 1996.
• Seat and venue: [INSERT CITY], India.
• Language: English.
• Award: final and binding, and enforceable in any court of competent jurisdiction.
• Costs: each party bears its own costs unless the arbitrator directs otherwise.
• Confidentiality: the arbitration, all submissions made in it, and the award are confidential, save where disclosure is required by law or to enforce the award.

Interim relief

Either party may apply to a court of competent jurisdiction for interim or injunctive relief to prevent or restrain an actual or threatened infringement of intellectual property rights, breach of confidentiality, or unauthorised access to systems or data, without first following the escalation procedure above.

Consumer rights preserved

Nothing in this agreement restricts either party’s right to enforce a claim, or shortens the period of limitation prescribed by the Limitation Act, 1963. No provision is intended to operate as a restraint on legal proceedings within the meaning of Section 28 of the Indian Contract Act, 1872.

18. Grievance Officer and Contact

In accordance with Rule 3(2) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the following officer receives and addresses complaints relating to the Website, including complaints about Content, User Content, and breaches of these Terms.

In accordance with Rule 3(2)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Grievance Officer will acknowledge every complaint within 24 hours of receipt and will dispose of it within 15 days. Complaints concerning your rights as a Data Principal under the DPDPA will be resolved within the period prescribed by the Digital Personal Data Protection Rules, 2025.

If you are not satisfied with the outcome, or if we fail to respond within the prescribed period, you may complain to the Data Protection Board of India in the manner prescribed under the DPDPA.

General contact

19. General Provisions

• Entire agreement: these Terms, together with the Website Privacy Policy and the Website Cookie Policy, constitute the entire agreement between you and the Company in relation to the Website and supersede all prior understandings, representations, and agreements, whether written or oral. You confirm that you have not relied on any statement or representation not expressly set out in them.
• Amendment: we may amend these Terms at any time by publishing the amended version on the Website with an updated effective date. Where an amendment is material, we will give reasonable prior notice through a prominent notice on the Website. Your continued use after the amendment takes effect constitutes acceptance. If you do not accept an amendment, your remedy is to stop using the Website.
• Severability: if any provision is held invalid, illegal, or unenforceable by a court or tribunal of competent jurisdiction, that provision shall be severed or read down to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
• Waiver: no failure or delay in exercising any right or remedy operates as a waiver of it, and no single or partial exercise prevents any further exercise. A waiver is effective only if given in writing.
• Assignment: you may not assign, transfer, charge, or sub-contract any of your rights or obligations without our prior written consent. We may assign or transfer our rights and obligations to any affiliate or to any successor in connection with a merger, acquisition, restructuring, or sale of assets.
• No partnership or agency: nothing in this document creates a partnership, joint venture, agency, franchise, or employment relationship between the parties.
• Third-party beneficiaries: India has no statute equivalent to the Contracts (Rights of Third Parties) Act. Accordingly, the Company enters into the limitation of liability and indemnity provisions of this document both on its own behalf and, as trustee and agent, on behalf of each of its directors, officers, employees, agents, contractors, licensors, affiliates, and successors, each of whom is entitled to the benefit of those provisions and, through the Company as trustee, to enforce them. No other person who is not a party may enforce this document.
• Notices: notices to us must be sent to the email or postal address in the Grievance Officer section. Notices to you may be sent to any email address, phone number, or in-service message channel associated with your account. A notice sent by email is deemed received on the day it is sent, unless an error message is received.
• Language: this document is drafted in English. Where we provide a translation into a language specified in the Eighth Schedule to the Constitution of India, that translation is provided so that you can understand it, and in the event of any inconsistency the English version prevails for the purpose of construing the contract. This does not affect your right under Section 5(3) of the DPDPA to receive the notice relating to processing of your personal data in English or in any language specified in the Eighth Schedule, and where a notice and its translation differ, you may rely on the version in the language you selected.
• Governing law and jurisdiction: this document is governed by and construed in accordance with the laws of the Republic of India, without regard to conflict of law principles. Subject to the dispute resolution section, the courts at [INSERT CITY], India, have exclusive jurisdiction.
• Survival: any provision which by its nature should survive termination shall survive, including provisions relating to intellectual property, confidentiality, limitation of liability, indemnity, dispute resolution, and governing law.