Quichub Innovations, LLP is the owner of the brand quicshop app. Quichub Innovations LLP (hereinafter referred to as “quicshop”, “we”, “us”, or “our”) provides an online marketplace that connects local shop owners who want to sell their products to users. These Terms of Service govern your access to and use of quicshop App’s mobile application, website, products, and services (“Products”). Please read these Terms carefully, and contact us if you have any questions. By accessing or using our Application, you agree to be legally bound by these Terms and by our Privacy Policy which is stated separately. If you do not agree to these Terms, you have no right to obtain information from and/or otherwise use the Application or Services. Failure to use the Application and the Services in accordance with these Terms may subject you to civil and criminal penalties.
The application comprises an online platform through which sellers may create postings for products and customers may book the products. You understand and agree that quicshop’s role is solely to facilitate the availability of the application and services and quicshop is not a party to any agreements entered into between seller and customers in any circumstance nor does it own or operate any establishment. The seller has the sole and ultimate responsibility for compliance with all laws, regulations and other obligations regarding the products. Quicshop has no control over the quality or content of the products, persons present, conduct of sellers, customers and other users of the application and services, and disclaims all liability in this regard to the maximum extent permitted by law. Accordingly, any buying will be made at the customers’ own risk.
You acknowledge and agree that, by accessing or using the application or services or by downloading or posting any content from or on or via the application or through the services, or by participating in any referral program, you are indicating that you have read, and that you understand and agree to be bound by these terms, whether or not you have registered with the application. If you do not agree to these terms, then you have no right to access or use the application, services, or collective content or to participate in any referral program
Eligibility
Services of the Application would be available to only select geographies in India. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years but at least 13 years of age you may use the Application only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If your age is below 18 years your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material which is for adult consumption and the sale of which to minors is prohibited.
Changes to these terms of Service
Quicshop reserves the right, at its sole discretion, to modify the Application to modify these Terms, including the introduction of Service Fees, at any time and without prior notice. We may change these terms of service at any time, as we deem appropriate. You should continue to review these terms and conditions as they are binding on each member as revised. If you disagree with the changes to these terms of service, discontinue your use of the site, or if you have registered as a member, cancel your registration. We recommend that you print or copy any information you have stored through the services prior to cancelling. Your ongoing use of any service or of the site after the changes take effect signifies your agreement to the new terms. We again encourage you to review the terms of service regularly.
No Endorsement
Quicshop does not endorse any Sellers or any Seller Content. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Application. We will not be responsible for any damage or harm resulting from your interactions with other Members. By using the Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Quicshop with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the products.
Account and Registration
All users have to register and login for using the application. You have to keep your account and registration details current and correct for communications related to your purchases and products on the application.
Please note that Quicshop reserves the right, at any time and without prior notice, to remove or disable access to any user for any reason, that Quicshop, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Application or Services.
Delivery
Delivery period specified at the time of order may vary. The products will be delivered to the address given at the time of giving the order.
Delivery will be done by Seller. Delivery mode is limited to the options shared by Seller.
No responsibility is taken by Quicshop in case of late delivery by the Seller.
Notifications will be sent by the sellers to the users regarding the delivery mode and time.
Cancellation and Refund
Cancellation Policy is as per the Seller. A section will be provided to cancel the order.
User Conduct
In connection with your use of our Application, you may not and you agree that you will not:
Violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights interfere with or damage our Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology use our Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers use our Application or Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence “stalk” or harass any other user of our Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Seller.
Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity use automated scripts to collect information or otherwise interact with the Application, Services or Collective Content use the Application and Services to find a Seller and submit any product with a false or misleading price information, or submit any product with a price that you do not intend to honour or post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability (iii) is fraudulent, false, misleading or deceptive (iv) is defamatory, obscene, pornographic, vulgar or offensive (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group (vi) is violent or threatening or promotes violence or actions that are threatening to any other person or (vii) promotes illegal or harmful activities or substances systematically retrieve data or other content from our Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise use, display, mirror or frame the Application, or any individual element within the Services, or Application, Quicshop’s name, any Quicshop trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Quicshop’s express written consent access, tamper with, or use non-public areas of the Application, Quicshop’s computer systems, or the technical delivery systems of Quicshop’s providers attempt to probe, scan, or test the vulnerability of any Quicshop system or network or breach any security or authentication measures avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Quicshop or any of Quicshop’s providers or any other third party (including another user) to protect the Services, Application or Collective Content forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services, Application or Collective Content to send altered, deceptive or false source-identifying information attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services, Application or Collective Content or copy, store or otherwise access any information contained on the Application, Services or Collective Content for purposes not expressly permitted by these Terms advocate, encourage, or assist any third party in doing any of the foregoing.
Quicshop will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Quicshop may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Quicshop has no obligation to monitor your access to or use of the Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Quicshop reserves the right, at any time and without prior notice, to remove or disable access to any Content that Quicshop, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Application or Services. Quicshop may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Quicshop or to comply with legal process, (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Quicshop, its users, or members of the public.
Quicshop Content and User Content License
Subject to your compliance with the terms and conditions of these Terms, Quicshop grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Quicshop Content solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, reverse engineer, broadcast or otherwise exploit the Application, Services, or Collective Content, either by yourself or by anyone on your behalf, in any way or by any means, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Quicshop or its licensors, except for the licenses and rights expressly granted in these Terms.
You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of Quicshop, including copyright mark [©] or trademark [® or ™] contained in or accompanying the content included in the Services, and you represent and warrant that you will abide by all applicable laws in this respect. You are further prohibited from using, diluting or staining any name, mark or logo that is identical, or confusingly similar to any of Quicshop’s marks and logos, whether registered or not.
User Content
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Application and Services, you hereby grant to Quicshop a worldwide, irrevocable, perpetual, non-exclusive, transferable, assignable, royalty-free license, with the right to sublicense, to use, view, reproduce, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content in connection with Quicshop , whether through the Internet, any mobile device or otherwise, in any media formats and through any media channels known today and developed in the future.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Application. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Quicshop the rights in such User Content, as contemplated under these Terms and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Quicshop’s use of the User Content (or any portion thereof) on, through or by means of the Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree that Quicshop may remove at any time any User Content you have uploaded to Quicshop in its sole discretion with or without any reason.
Third Party Information
All Content, apart from the ones owned by Us, is third-party user-generated content and we have no control over such third-party user-generated content. Other than when provided for, the use of such content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, website or other media for publication or distribution or for any commercial enterprise, without our express prior written consent is not allowed
The Application may contain links to third-party websites or resources. You acknowledge and agree that Quicshop is not responsible or liable for: (i) the availability or accuracy of such websites or resources or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Quicshop of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Quicshop used herein are trademarks or registered trademarks of Quicshop. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Application and Services (“Feedback”). You may submit Feedback by emailing us at support@quicshop.in. You acknowledge and agree that all Feedback will be the sole and exclusive property of Quicshop and you hereby irrevocably assign to Quicshop and agree to irrevocably assign to Quicshop all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Quicshop’s request and expense, you will execute documents and take such further acts as Quicshop may reasonably request to assist Quicshop to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Termination, Suspension and Quicshop Account Cancellation
This Agreement is effective unless and until terminated by either you or Quicshop. You may terminate this Agreement at any time, provided that you discontinue any further use of this Application. Quicshop may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Application. Such termination will be without any liability to Quicshop. Upon any termination of the User Agreement by either you or Quicshop, you must promptly destroy all materials downloaded or otherwise obtained from this Application, as well as all copies of such materials, whether made under the Agreement or otherwise. Quicshop’s right to any Comments shall survive any termination of this Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Application or affect any liability that may have arisen under the Agreement.
Disclaimers
If you choose to use the application, services, you do so at your sole risk. You acknowledge and agree that quicshop does not conduct background checks on any member, including, but not limited to, sellers. The application, services, collective content and referral program are provided “as is”, without warranty of any kind, either express or implied. Without limiting the foregoing, quicshop explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Quicshop makes no warranty that the application, services, collective content, including, but not limited to, the products, or any referral program will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Quicshop makes no warranty regarding the quality of any products, the services or collective content or the accuracy, timeliness, truthfulness, completeness or reliability of any collective content obtained through the application, services or referral program.
No advice or information, whether oral or written, obtained from quicshop or through the application, services or collective content, will create any warranty not expressly made herein.
You are solely responsible for all of your communications and interactions with other users of the application or services and with other persons with whom you communicate or interact as a result of your use of the application, including, but not limited to, any sellers or customers. You understand that quicshop does not make any attempt to verify the statements of users of the application or services or to review any products. Quicshop makes no representations or warranties as to the conduct of users of the application or services or their compatibility with any current or future users of the application. You agree to take reasonable precautions in all communications and interactions with other users of the application and with other persons with whom you communicate or interact as a result of your use of the application, including, but not limited to, customers and sellers, particularly if you decide to meet offline or in person
Limitation of Liability
You acknowledge and agree that neither quicshop nor any other party involved in creating, producing, or delivering the application, services, collective content or any referral program will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the application, services or collective content, from any communications, interactions or meetings with other users of the application, or services or other persons with whom you communicate or interact as a result of your use of the application, services, via the application, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not quicshop has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose
In no event will quicshop’s aggregate liability arising out of or in connection with these terms and your use of the application and services including, but not limited to, from your product or buying of any product via the application, or from the use of or inability to use the application, services, or collective content or your participation in any referral program and in connection with any product or interactions with any other members, exceed an amount of Rs. 5000/-. The limitations of damages set forth above are fundamental elements of the basis of the bargain between quicshop and you.
Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Quicshop (i) via email (in each case to the address that you provide) or (ii) by posting to or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Reporting Misconduct
If the Seller or Customer is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Quicshop by contacting us with your police station and report number at support@quicshop.in provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you
Indemnification
Upon a request by us, you agree to defend, indemnify, and hold Quicshop and subsidiaries and, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, harmless from and against all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of the Application and its services or the content. We reserve the right to assume control of the defence of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.
Entire Agreement
This contract and any supplemental terms, policies, rules and guidelines posted on the site and the services constitute the entire agreement between you and Quicshop and supersede all previous written or oral agreements. If any part of these terms of service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Governing Law and Jurisdiction
Your use of the Services and these Terms shall be governed by, and construed in accordance with the laws of the Government of India without reference to the choice of law or conflicts of law principles thereof. The courts at Bangalore, India shall have exclusive jurisdiction on all matters concerning these Terms.
General
The failure of Quicshop to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Quicshop. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect
Contacting Quicshop
If you have any questions about these Terms, please contact Quicshop at