TERMS OF SERVICE For Customer & Vendors
Customer Term & Condition
- General
“www.kwickneeds.com” (hereinafter, The “Website”) Is Owned And Operated By Kwick Needs Private Limited, (hereinafter Referred To As “Company”), a Private Limited Company Incorporated Under The Companies Act, 2013, Having Its Registered Office At B-247, Sector B, Main Road, Silicon City Rau Road, Indore - 452012, Madhya Pradesh, India.
This Document Is An Electronic Record Published In Accordance With The Provisions Of The Information Technology (Intermediaries Guidelines) Rules, 2011 That Require Publishing The Rules And Regulations, Privacy Policy And Terms Of Service For Access Or Usage Of The Website And Being Generated By A Computer System, It Does Not Require Any Physical Or Digital Signatures.
For The Purpose Of These Terms Of Use, Along With Any Amendments To The Same, And Wherever The Context So Requires
“You”, “Your”, “Yourself” Or “User” shall Mean And Refer To The Person Visiting, Accessing, Browsing Through And/or Using The Website At Any Point In Time And Shall Include The “Clients/Customers”. Further It Shall Also Mean And Refer To Persons Who Are “Vendors” And “Service Provider” For The Website. However, Where A Client/Customer Or Vendor Or Service Provider Is Mentioned Specifically It Shall Only Mean And Refer To That Class Of User.
The Term “We”, “Us”, “Our” Shall Mean And Refer To The Website And/or The Company, Depending On The Context.
This Agreement Shall Cover Your Usage Of The Website As A User, Which Shall Include Customers, Vendors/Service Providers. Further The Vendors/Service Providers Are Also Bound By The Vendor Terms Signed With The Company, Besides This Agreement.
The Headings Of Each Section In This Agreement Are Only For The Purpose Of Organizing The Various Provisions Under This Agreement In An Orderly Manner. These Headings Shall Not Be Used By Either Party To Interpret The Provisions Contained Under Them In Any Manner. Further, The Headings Have No Legal Or Contractual Value.
We Hold The Sole Right To Modify The Terms Of Service Without Prior Permission From You Or Providing Notice To You. The Relationship Creates On You A Duty To Periodically Check The Terms Of Service And Stay Updated On Its Requirements. If You Continue To Use The Website Or Avail Any Of Its Services Without Registration Following Such Change, This Is Deemed As Consent By You To The So Amended Policies. Your Continued Use Of The Website Is Conditioned Upon Your Compliance With The Terms Of Service, Including But Not Limited To Compliance With The Terms Of Service Even After Alterations, If Any.
- About Us
Kwickneedsis An Online Service Aggregator Wherein Customers May Select From Various Home Repair And Maintenance Services Including But Not Limited To Services Of Carpenter, Plumber, Painter, Electrician, Cleaner, Home Medicine Delivery, Pathological Test Sample Collection, Fitness, Food And Beverage Services. Kwickneeds Shall Connect Customers Seeking Such Services With The Relevant Service Provider, Who Shall Provide The Services At The Customer’s Doorstep. Kwickneeds Shall Generate Leads For The Local Service Providers.
KwickNeeds Is Our Commitment To Bring Professionalism, Good Service And Trust To The Home Repair Service And Maintenance Business. We Take Immense Pride In Sending Some Of The Most Professional Handymen To Your Homes To Fix Things That Aren't Working And To Fulfill Your quick Needs Of Hour.
- SERVICES OVERVIEW
Customers Shall Visit The Website And Select Their Location And The Category Of Service They Seek. Pursuant To This They Shall Fill Up The Online Form Available On The Website That Shall Contain Questions Related To The Various Aspects Of The Service They Want. On Submission Of The Online Form The Company’s Team Shall Ascertain The Relevant Service Provider In The Geographical Limits Of The Customer And Provide The Details Of The Customer To The Service Provider. The Service Provider Shall Contact The Customer And Discuss The Service Charges And The Work Details And Finalize The Service. On Completion Of The Service, The Customers May Provide Us With Reviews And Feedbacks For The Service Provider.
- Registration
To Use The Services Provided On The Website, You Shall Register Yourself On The Website. To Create An Account, You Need To Provide Your Email Id And Choose A Username And Password. You May Link Your Facebook And Google Account To The Website As Well. You Must Keep Your Account And Registration Details Current And Correct For Communications Related To Your Purchases From The Website. In The Event A Customer Does Not Register On The Website, His/her Registration Shall Be Done Automatically When He/she Books A Service On The Website.
Information Collected About You Is Subject To The Privacy Policy Of The Company, Which May Be Read As Part And Parcel Of These Terms Of Use.
You Are Solely Responsible For Protecting The Confidentiality Of Your Username And Password And Any Activity Under The Account Will Be Deemed To Have Been Done By You. In The Event You Provide Us With False/inaccurate Details Or The Company Has A Reasonable Ground To Believe That False And Inaccurate Information Has Been Furnished, We Hold The Right To Permanently Suspend Your Account.
- Eligibility
Services On The Site Would Be Available In The Cities Of Bhopal, Indore And Nasik. However, Some Features Of The Site Shall Only Be Available In Select Cities In India. Persons Who Are “incompetent To Contract” Within The Meaning Of The Indian Contract Act, 1872 Including Minors, Un-discharged Insolvents Etc. Are Not Eligible To Use The Site.
However, If You Are A Minor, I.e. Under The Age Of 18 Years And Over The Age Of 13 Years, You May Use The Site Under The Supervision Of A Parent Or Legal Guardian Who Agrees To Be Bound By These Terms Of Use. We Reserve The Right To Terminate or Refuse Your Registration, Or Refuse To Permit Access To The Site, If It Is Discovered Or Brought To Its Notice That You Are A Minor.
- Security
Transactions On The Website Are Secure And Protected. Any Information Entered By The User When Transacting On The Website Is Encrypted To Protect The User Against Unintentional Disclosure To Third Parties. The User’s Credit And Debit Card Information Is Not Received, Stored By Or Retained By The Company / Website In Any Manner. This Information Is Supplied By The User Directly To The Relevant Payment Gateway Which Is Authorized To Handle The Information Provided, And Is Compliant With The Regulations And Requirements Of Various Banks And Institutions And Payment Franchisees That It Is Associated With.
- License And Access
The Company Grants You No Sub-license, Whether Limited Or Not, To Access And Make Personal Use Of The Site, And Not To Download (other Than Page Caching) Or Modify It Or Any Portion Of It, Except With Express Written Consent Of The Company. You Are Not Permitted Any Resale Or Commercial Use Of The Site Or Its Contents; Any Collection And Use Of Any Product Listings, Descriptions, Or Prices; Any Derivative Use Of The Site Or Its Contents; Any Downloading Or Copying Of Information For The Benefit Of Another Merchant; Or Any Use Of Data Mining, Robots, Or Similar Data Gathering And Extraction Tools. Any Portion Of The Site May Not Be Reproduced, Duplicated, Copied, Sold, Resold, Visited, Or Otherwise Exploited For Any Commercial Purpose Without Express Written Consent Of The Company. You May Not Frame Or Utilize Framing Techniques To Enclose Any Trademark, Logo, Or Other Proprietary Information (including Images, Text, Page Layout, Or Form) Of The Website Or Of The Company And/or Its Affiliates Without The Express Written Consent Of The Company. You May Not Use Any Meta Tags Or Any Other “hidden Text” Utilizing The Company’s Name Or Trademarks Without The Express Written Consent Of The Company. You Shall Not Attempt To Gain Unauthorized Access To Any Portion Or Feature Of the Site, Or Any Other Systems Or Networks Connected To The Site Or To Any Server, Computer, Network, Or To Any Of The Services Offered On Or Through the Site, By Hacking, ‘password Mining’ Or Any Other Illegitimate Means.
You Hereby Agree And Undertake Not To Host, Display, Upload, Modify, Publish, Transmit, Update Or Share any Information Which:
- belongs To Another Person And To Which You Do Not Have Any Right;
- is Grossly Harmful, Harassing, Blasphemous, Defamatory, Obscene, pornographic, Pedophilic, Libelous, Invasive Of Another’s Privacy, Hateful, Or racially, Ethnically Objectionable, Disparaging, Relating Or Encouraging Money laundering Or Gambling, Or Otherwise Unlawful In Any Manner Whatever;
- harms Minors In Any Way;
- infringes Any Patent, Trademark, Copyright Or Other Proprietary/intellectual Property Rights;
- violates Any Law For The Time Being In Force;
- deceives Or Misleads The Addressee About The Origin Of Such Messages Communicates Any Information Which Is Grossly Offensive Or Menacing In Nature;
- impersonates Another Person;
- contains Software Viruses Or Any Other Computer Code, Files Or Programs designed To Interrupt, Destroy Or Limit The Functionality Of Any Computer Resource;
- threatens The Unity, Integrity, Defense, Security Or Sovereignty Of India, friendly Relations With Foreign States, Or Public Order Or Causes Incitement To The Commission Of Any Cognizable Offence Or Prevents Investigation Of Any Offence Or is Insulting Any Other Nation; Or
- is Misleading Or Known To Be False In Any Way.
- Communications
By Using This Website, It Is Deemed That You Have Consented To Receiving Calls, Autodialed And/or Pre-recorded Message Calls, E-mails, From Us At Any Time With The Use Of The Telephone Number And E-mail Address That Has Been Provided By You For The Use Of This Website Which Are Subject To The Privacy Policy. The User Agrees To Receive Promotional Communication And Newsletters From The Company And Its Partners.
This Includes Contacting You Through Information Received Through Other Parties. The Use Of This Website Is Also Your Consent To Receive SMS From Us At Any Time We Deem Fit. This Consent To Be Contacted Is For Purposes That Include And Are Not Limited To Clarification Calls And Marketing And Promotional Calls. The User Can Opt Out From Such Communication And/or Newsletters Either By Unsubscribing On The Website Itself, Or By Contacting The Customer Services Team And Placing A Request For Unsubscribing By Sending An Email To Admin@kwickneeds.com.
You May Also Be Contacted By Service Providers With Whom We Have Entered Into A Contract In Furtherance Of Our Rights, Duties And Obligations Under This Document And All Other Policies Followed By Us. Such Contact Will Be Made Only In Pursuance Of Such Objectives, And No Other Calls Will Be Made.
The Sharing Of The Information Provided By You Will Be Governed By The Privacy Policy And We May Or May Not Sell Your Information To Third Parties.
9.Payments And Fees
The Services Available On The Website Require A Payment Of Fees. The Company Reserves The Right To Change Its Price List, Plans And To Institute New Charges At Any Time, And The Same May Or May Not Be Notified To The User.
There Shall Be Various Plans Available To The Vendor To Choose From, The Pricing And Package For Which Shall Be Covered By A Separate Vendor Agreement Signed Between The Vendor And The Company.
The Service Provider Shall Be Paid Directly By The Customers. However In The Event That The Customer Does Not Have Cash And/or The Vendor Does Not Accept Online Payment, Then The Customer May Pay Us Online And We Shall Transfer The Payment To The Vendor’s Account After Deducting All Relevant Taxes And Commission Fee.
One Or Many Of The Following Payment Options Are Available On The Website:
- Domestic And International Credit Cards Issued By Banks And Financial Institutions That Are Part Of The Visa, Master Card & Amex Card Networks
- Visa & Master Card Debit Cards;
- Bank Wire
- Other Payment Gateways Such As Digital Wallets, UPI, PayPal, Moneybooker, PayuMoney And Any Other Payment Mechanism That Comes Into Usage In The Future.
- Net Banking/Direct Debit Payments From Select Banks In India. A List Of Available Options Will Be Made Available At The Time Of ‘checkout’.
As Prescribed By The Financial Institutions Issuing The Credit Or Debit Cards Affiliated With Visa / Master Card / Amex, The User Will Be Required To Submit His/her 16-digit Card Number, Card Expiry Date And 3-digit CVV Number (usually On The Reverse Of The Card) While Making An Online Transaction. The User Must Also Have Enrolled His/her Card With VBV (Verified By Visa), MSC (MasterCard Secure Code) Or Any Other Applicable Provider In Order To Complete The Transaction. The User Is Hereby Expressly Made Aware That His/her Card Statements Will Reflect That A Payment Has Been Made In Favour Of The Company.
10.User Obligations
You Are A Restricted User Of This Website.
a.You Are Bound Not To Cut, Copy, Distribute, Modify, Recreate, Reverse Engineer, Distribute, Disseminate, Post, Publish Or Create Derivative Works From, Transfer, Or Sell Any Information Or Software Obtained From The Website. With Our Prior Permission Limited Use May Be Allowed. For The Removal Of Doubt, It Is Clarified That Unlimited Or Wholesale Reproduction, Copying Of The Content For Commercial Or Non-commercial Purposes And Unwarranted Modification Of Data And Information Within The Content Of The Website Is Not Permitted.
b.You Agree Not To Access (or Attempt To Access) The Website And/or The Materials Or Services By Any Means Other Than Through The Interface That Is Provided By The Website. The Use Of Deep-link, Robot, Spider Or Other Automatic Device, Program, Algorithm Or Methodology, Or Any Similar Or Equivalent Manual Process, To Access, Acquire, Copy Or Monitor Any Portion Of The Website Or Content, Or In Any Way Reproduce Or Circumvent The Navigational Structure Or Presentation Of The Website, Materials Or Any Content, To Obtain Or Attempt To Obtain Any Materials, Documents Or Information Through Any Means Not Specifically Made Available Through The Website. You Acknowledge And Agree That By Accessing Or Using The Website Or Services, You May Be Exposed To Content From Other Users That You May Consider Offensive, Indecent Or Otherwise Objectionable. We Disclaim All Liabilities Arising In Relation To Such Offensive Content On The Website. Further, You May Report Such Offensive Content.
c.In Places Where This Website Allows You To Post Or Upload Data/information, Youundertake To Ensure That Such Material Is Not Offensive And In Accordance With Applicable Laws. Further, You Undertake Not To:
i.Abuse, Harass, Threaten, Defame, Disillusion, Erode, Abrogate, Demean Or Otherwise Violate The Legal Rights Of Others;
ii.Engage In Any Activity That Interferes With Or Disrupts Access To The Website Or The Services (or The Servers And Networks Which Are Connected To The Website);
iii.Impersonate Any Person Or Entity, Or Falsely State Or Otherwise Misrepresent Your Affiliation With A Person Or Entity;
iv.Publish, Post, Disseminate, Any Information Which Is Grossly Harmful, Harassing, Blasphemous, Defamatory, Obscene, pornographic, Pedophilic, Libelous, Invasive Of Another's Privacy, Hateful, Or Racially, Ethnically Objectionable, Disparaging, Relating Or Encouraging Money Laundering Or Gambling, Or Otherwise Unlawful In Any Manner Whatever; Or Unlawfully Threatening Or Unlawfully Harassing Including But Not Limited To "indecent Representation Of Women" Within The Meaning Of The Indecent Representation Of Women (Prohibition) Act, 1986;
v.Post Any File That Infringes The Copyright, Patent Or Trademark Of Other Legal Entities;
vi.Upload Or Distribute Files That Contain Viruses, Corrupted Files, Or Any Other Similar Software Or Programs That May Damage The Operation Of The Website Or Another's Computer;
vii.Download Any File Posted By Another User That You Know, Or Reasonably Should Know, Cannot Be Legally Distributed In Such Manner;
viii.Probe, Scan Or Test The Vulnerability Of The Website Or Any Network Connected To The Website, Nor Breach The Security Or Authentication Measures On The Website Or Any Network Connected To The Website. You May Not Reverse Look-up, Trace Or Seek To Trace Any Information On Any Other User, Of Or Visitor To, The Website, Or Any Other Customer Of The Website, Including Any Website Account Not Owned By You, To Its Source, Or Exploit The Website Or Service Or Information Made Available Or Offered By Or Through The Website, In Any Way Whether Or Not The Purpose Is To Reveal Any Information, Including But Not Limited To Personal Identification Information, Other Than Your Own Information, As Provided For By The Website;
ix.Disrupt Or Interfere With The Security Of, Or Otherwise Cause Harm To, The Website, System Resources, Accounts, Passwords, Servers Or Networks Connected To Or Accessible Through The Website Or Any Affiliated Or Linked Sites;
x.Collect Or Store Data About Other Users In Connection With The Prohibited Conduct And Activities Set Forth In This Section;
xi.Use The Website Or Any Material Or Content For Any Purpose That Is Unlawful Or Prohibited By These Terms Of Service, Or To Solicit The Performance Of Any Illegal Activity Or Other Activity Which Infringes The Rights Of This Website Or Other Third Parties;
xii.Violate Any Code Of Conduct Or Other Guidelines, Which May Be Applicable For Or To Any Particular Service;
xiii.Violate Any Applicable Laws Or Regulations For The Time Being In Force Within Or Outside India;
xiv.Violate The Terms Of Service Including But Not Limited To Any Applicable Additional Terms Of The Website Contained Herein Or Elsewhere;
xv.Violate Any Code Of Conduct Or Other Guidelines, Which May Be Applicable For Or To Any Particular Service;
xvi.Threaten The Unity, Integrity, Defense, Security Or Sovereignty Of India, Friendly Relations With Foreign States, Or Public Order Or Cause Incitement To The Commission Of Any Cognizable Offence Or Prevent Investigation Of Any Offence Or Is Insulting Any Other Nation;
xvii.Publish, Post, Disseminate Information That Is False, Inaccurate Or Misleading; Violate Any Applicable Laws Or Regulations For The Time Being In Force In Or Outside India;
xviii.Directly Or Indirectly, Offer, Attempt To Offer, Trade Or Attempt To trade In Any Item, The Dealing Of Which Is Prohibited Or Restricted In Any Manner Under The Provisions Of Any Applicable Law, Rule, Regulation Or Guideline For The Time Being In Force;
xix.Create Liability For Us Or Cause Us To Lose (in Whole Or In Part) The Services Of Our Internet Service Provider ("ISPs") Or Other Suppliers.
We Have No Obligation To Monitor The Materials Posted On The Website. We Shall Have The Right To Remove Or Edit Any Content That In Its Sole Discretion Violates, Or Is Alleged To Violate, Any Applicable Law Or Either The Spirit Or Letter Of These Terms Of Service. Notwithstanding This Right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. In No Event Shall We Assume Or Have Any Responsibility Or Liability For Any Content Posted Or For Any Claims, Damages Or Losses Resulting From The Use Of Content And/or Appearance Of Content On The Website. You Hereby Represent And Warrant That You Have All Necessary Rights In And To All Content Which You Provide And All Information It Contains And That Such Content Shall Not Infringe Any Proprietary Or Other Rights Of Third Parties Or Contain Any Libelous, Tortuous, Or Otherwise Unlawful Information.
11.Copyright And Trademark
The Company, Its Suppliers And Licensors Expressly Reserve All Intellectual Property Rights In All Text, Programs, Products, Processes, Technology, Images, Content And Other Materials Which Appear On The Site. Access To Or Use Of The Site Does Not Confer And Should Not Be Considered As Conferring Upon Anyone Any License To The Company Or Any Third Party’s Intellectual Property Rights. All Rights, Including Copyright, In And To The Site Are Owned By Or Licensed To The Company. Any Use Of The Site Or Its Contents, Including Copying Or Storing It Or Them In Whole Or Part Is Prohibited Without The Permission Of The Company.
You May Not Modify, Distribute Or Re-post Anything On The Site For Any Purpose. The Names And Logos And All Related Product And Service Names, Design Marks And Slogans Are The Trademarks/service Marks Of The Company, Its Affiliates, Its Partners Or Its Suppliers/service Providers. All Other Marks Are The Property Of Their Respective Owners. No Trademark Or Service Mark License Is Granted In Connection With The Materials Contained On The Site. Access To Or Use Of The Site Does Not Authorize Anyone To Use Any Name, Logo Or Mark In Any Manner. References On The Site To Any Names, Marks, Products Or Services Of Third Parties Or Hypertext Links To Third Party Sites Or Information Are Provided Solely As A Convenience To You And Do Not In Any Way Constitute Or Imply The Company’s Endorsement, Sponsorship Or Recommendation Of The Third Party, The Information, Its Product Or Services.
The Company Is Not Responsible For The Content Of Any Third Party Sites And Does Not Make Any Representations Regarding The Content Or Accuracy Of Material On Such Sites. If You Decide To Access A Link Of Any Third Party Websites, You Do So Entirely At Your Own Risk And Expense.
12.Disclaimer Of Warranties And Liabilities
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE IS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT
a.YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
b.MATERIALS, INFORMATION AND RESULTS OBTAINED WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
c.ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. WE ALSO DISCLAIM ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT HIS/HER OWN DISCRETION AND RISK AND HE/SHE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. WE ACCEPT NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
WE SHALL NOT BE RESPONSIBLE FOR THE RELEVANCE AND VALIDITY OF COMMENTS MADE BY THIRD PARTIES LIKE VENDORS, PUBLIC ON THE PLATFORM. THE CUSTOMER SHALL BE WHOLLY RESPONSIBLE FOR THE ACCURACY OF EMAIL, PHONE NUMBER, AND PERSONAL INFORMATION. FURTHER IN AWARDING POINTS THAT ARE REDEEMABLE FOR CASH, TO USERS WE ARE NOT RESPONSIBLE IF THE EVENT EXPIRES OR CHANGES OR IS REMOVED ALTOGETHER.
WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
13.Indemnification And Limitation Of Liability
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE/COMPANY INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF SERVICE. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE WEBSITE, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS.
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS OR EXPERTS BE LIABLE TO YOU, THE VENDOR OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
14.Termination
This User Agreement Is Effective Unless And Until Terminated By Either You Or The Company. You May Terminate This User Agreement At Any Time, Provided That You Discontinue Any Further Use Of The Website. The Company May Terminate This User Agreement At Any Time And May Do So Immediately Without Notice, And Accordingly Deny You Access To The Site.
Such Termination Will Be Without Any Liability To The Company. The Company’s Right To Any Comments And To Be Indemnified Pursuant To The Terms Hereof, Shall Survive Any Termination Of This User Agreement. Any Such Termination Of The User Agreement Shall Not Cancel Your Obligation To Pay For Product(s)/service(s) Already Ordered From The Site Or Affect Any Liability That May Have Arisen Under The User Agreement Prior To The Date Of Termination.
15.Disputes And Jurisdiction
All Disputes Involving But Not Limited To Rights Conferred, Compensation, Refunds, And Other Claims Will Be Resolved Through A Two-step Alternate Dispute Resolution Mechanism.
a.Stage 1: Mediation. In Case Of A Dispute, The Matter Will First Be Attempted To Be Resolved By A Sole Mediator Who Is A Neutral Third Party And Will Be Selected At The Mutual Acceptance Of A Proposed Mediator By Both Parties. Both Parties May Raise A Name For The Sole Mediator And In The Case Both Parties Accept The Proposed Name, The Said Person Shall Be Appointed As Sole Mediator. In Case The Parties Are Not Able To Reach A Consensus Within Two Proposed Mediators, The Company Reserves The Right To Decide Who The Final Mediator Is. The Decision Of The Mediator Is Not Binding On Both Parties.
b.Stage 2: Arbitration. In Case That Mediation Does Not Yield A Result Suitable Or Preferred By Any One Of The Parties, Arbitration May Follow, The Award Of Which Is Binding On Both Parties. The Arbitration Board Shall Comprise Three Members – One Appointed By Each Party And The Third Member To Be Nominated By The Two Appointed Members By Mutual Consent. Arbitration Shall Be Held At Indore, Madhya Pradesh, India. The Proceedings Of Arbitration Shall Be In The English Language. The Arbitrator’s Award Shall Be Final And Binding On The Parties.
If The Dispute Cannot Be Resolved By This Two-step Alternate Dispute Resolution Mechanism, It Shall Be Referred To The Courts At Indore, Madhya Pradesh, India.
16.Privacy
We Encourage You To Read The Privacy Policy And To Use The Information It Contains To Make Informed Decisions Regarding Your Personal Information. Please Also Note That Certain Information, Statements, Data And Content (such As But Not Limited To Photographs) Which You Provide On The Website Are Likely To Reveal Your Gender, Ethnic Origin, Nationality, Age, And/or Other Personal Information About You. You Acknowledge And Agree That Your Submission Of Such Information Is Voluntary On Your Part. Further, You Acknowledge, Consent And Agree That We May Access, Preserve, And Disclose Information You Provide To Us At Any Stage During Your Use Of The Website. Disclosures Of Information To Third Parties Are Further Addressed In Our Privacy Policy.
- Miscellaneous Provisions
- Entire Agreement: The Terms And Conditions Set Forth In This Agreement And Any Additional Or Different Terms Expressly Agreed By Client And Service Vendor Shall Constitute The Entire Agreement And Understanding Of Client And Service Vendor With Respect To Each Service Contract And Shall Cancel And Supersede Any Other Prior Or Contemporaneous Discussions, Agreements, Representations, Warranties, And/or Other Communications Between Them. Notwithstanding The Foregoing, The Client And Service Vendor Shall Always Remain Subject To The Terms Of Our User Agreement.
- Waiver: The Failure Of Either Party At Any Time To Require Performance Of Any Provision Of This Agreement In No Manner Shall Affect Such Party's Right At A Later Time To Enforce The Same. No Waiver By Either Party Of Any Breach Of This Agreement, Whether By Conduct Or Otherwise, In Any One Or More Instances, Shall Be Deemed To Be, Or Construed As, A Further Or Continuing Waiver Of Any Other Such Breach, Or A Waiver Of Any Other Breach Of This Agreement.
- Severability: If Any Provision Of This Agreement Shall To Any Extent Be Held Invalid, Illegal Or Unenforceable, The Validity, Legality And Enforceability Of The Remaining Provisions Of This Agreement Shall In No Way Be Affected Or Impaired Thereby And Each Such Provision Of This Agreement Shall Be Valid And Enforceable To The Fullest Extent Permitted By Law. In Such A Case, This Agreement Shall Be Reformed To The Minimum Extent Necessary To Correct Any Invalidity, Illegality Or Unenforceability, While Preserving To The Maximum Extent The Rights And Commercial Expectations Of The Parties Hereto, As Expressed Herein.
18.Contact Us
If You Have Any Questions About This Agreement, The Practices Of, Or Your Experience With The Service, You Can E-mail Us At admin@kwickneeds.com Or Customer Care No.911194365
RETURN AND REFUND POLICY
This Document Is Published In Accordance With The Provisions Of Rule 3 (1) Of The Information Technology (Intermediaries Guidelines) Rules, 2011 That Require Publishing The Rules And Regulations, Privacy Policy And Terms Of Use For Access Or Usage Of The Domain Name www.kwickneeds.com(the “Website/App”)and Should Be Read Along With The Terms Of Service And Privacy Policy Displayed On The Website.
We Only Accept Refund And Cancellation Requests That Are Made In Accordance With This Policy. We Are Not Obligated To Allow Any Other Cancellations, Exchanges, Or Refund Any Other Payment, Except In Accordance With Our Policies.
Refund And/or Returns Shall Only Be Accepted In The Event There Is A Complaint Regarding The Level Of Services. We Shall Provide The Repairs Again And/or Replace The Product And/or Refund The Amount Paid, Depending On The Sole Discretion Of The Company.
Exchange Of Products Purchased Through The Website Shall Only Be Permissible In Case Of Defective Or Damaged Product. Further If The Customer So Wishes He/she May Return A Product Of His Own Volition And In Such An Event The Customer Shall Pay The Cost Of Replacement Of Such A Product.
All Products Shall Be Returned By The Customer To The Company’s Representative Or May Be Shipped Via Courier.
All Approved Refunds Requests Shall Be Processed Within 15 Working Days And The Refunds Shall Be Made To The Customer Within 25 Working Daysof The Refund Request Being Approved By The Company.
No Other Exchange Or Refund Requests Shall Be Entertained.
SHIPPING AND DELIVERY POLICY
This Document Is Published In Accordance With The Provisions Of Rule 3 (1) Of The Information Technology (Intermediaries Guidelines) Rules, 2011 That Require Publishing The Rules And Regulations, Privacy Policy And Terms Of Use For Access Or Usage Of The Domain Name Www.kwickneeds.com(the “Website”)and Should Be Read Along With The Terms Of Service And Privacy Policy Displayed On The Website.
All Our Shipping And Deliveryis Done In Accordance With This Policy. We Are Not Obligated To Follow Any Methods Of Shipping And Delivery, Except In Accordance With Our Policies.
Kwickneedsis An Online Service Aggregator Wherein Customers May Select From Various Home Repair And Maintenance Servicesand Products Displayed On The Website. Once A Business/individual/client/customer Has Purchased Any Products From Us We Ship/deliver The Products To Them. The Terms And Conditions For Such Shipping And Delivery Are Enunciated Herein.
After The Purchaser Has Ordered Product(s) On The Website, The Product Will Be Shipped On The Same Day Of The Order Or On The Nextworking Day Of The Order. The Purchaser Will Receive The Product Within 2 To 4 Days After The Order Has Been Placed.However Due To Certain Circumstances Such As Transport Strikes, Natural Calamities, Conditions, Public Holidays Etc. There May Be A Delay In The Delivery Of The Product To The Purchaser.When Such A Delay Arises, We Shall Inform The Purchaser Accordingly. Whilehave Our Own Logistics Network To Deliver The Requisite Products To The Purchaser, We May Collaborate With Other Service Providers For The Delivery Of Products.
We Will Make 2 Attempts To Try And Deliver The Product To The Purchaser. Only 1 Delivery Attempt Will Be Made On A Single Day. The Next Delivery Attempt Will Be Scheduled For The Next Day. After 2 Failed Attempts, We Shall Contact The Purchaser In Order To Reschedule The Delivery Next Day Or We May Cancel The Order. We Will Be Using Payment Gateways For Customers To Pay Online, Refund To Customer Or To Decline The Payment Made By The Customer. We Will Be Using Third Party SMS Gateway To Verify Customer Mobile Number, Notify Order Status And To Send Promotional Messages.
Delivery Is Considered Complete When The Purchaser Receives The Product At The Shipped Address.However, Thepurchasermay Return The Product In Accordance With Our Return And Refund Policy.
Vendor Term & Condition
AN AGREEMENT Digitlally Accepted By Vendor While Acceptance Of Term & Condition Of KWICK NEEDS Private Limited ,while Vendor Registering Online On Website or App By Way Of Download From Google Play Store Or By Link For Download Made Availble To The Vendor .
WHEREAS
1. The Manufacturer Is Desirous Of Appointing A Commission Agent For The Sale Of Service/Product ……………………….Offered By It.
2. The Agent Has Approached The Vendor For His Appointment As Such Agent And Has Consented To Act As Such Agent.
VENDOR TERMS
- GENERAL
- This Document Is An Electronic Record In Terms Of Information Technology Act, 2000 And Rules There Under As Applicable And The Amended Provisions Pertaining To Electronic Records In Various Statutes As Amended By The Information Technology Act, 2000. This Electronic Record Is Generated By A Computer System And Does Not Require Any Physical Or Digital Signatures.
- This Document Is Published In Accordance With The Provisions Of Rule 3 (1) Of The Information Technology (Intermediaries Guidelines) Rules, 2011 That Require Publishing The Rules And Regulations, Privacy Policy And Terms Of Use For Access Or Usage Of Www.kwickneeds.com (“Website”)
- Kwick Needs Private Limited, (hereinafter Referred To As “Company”), a Private Limited Company Incorporated Under The Companies Act, 2013, Having Its Registered At B-247, Sector B, Main Road, Silicon City Rau Road, Indore - 452012, Madhya Pradesh, India, Where Such Expression Shall, Unless Repugnant To The Context Thereof, Be Deemed To Include Its Respective Representatives, Administrators, Employees, Directors, Officers, Agents And Their Successors And Assigns. The Company Conducts Its Business Using The Domain Name Www.kwickneeds.com To Provide The Services As Listed Below.
- For The Purpose Of These Vendor Terms (“Terms”), Wherever The Context So Requires,
- The Term ‘You’ and ‘Vendor’ Shall Mean Any Natural Or Legal Person Accessing Or Using The Services Provided On The Website To Offer For Sale Or Advertise The Sale Of Home Repair And Maintenance Services (“Services”) And Related Services, And Who Is Competent To Enter Into Binding Contracts, As Per The Provisions Of The Indian Contract Act, 1872; And In The Case Of An Entity, The Individual Acting On Its Behalf, And Who Is Authorised To Act On Behalf Of The Entity And Bind The Entity To These Terms;
- The Terms ‘Party’ & ‘Parties’ Shall Respectively Be Used To Refer To The Vendor And The COMPANY Individually And Collectively, As The Context So Requires.
- The Terms ‘Customer’ Or ‘Buyer’ Or “User” mean Any Natural Or Legal Person Accessing Or Using The Services Provided On The Website To Buy Any Of The Services Offered For Sale On The Website And Who Is Competent To Enter Into Binding Contracts, As Per The Provisions Of The Indian Contract Act, 1872; And In The Case Of An Entity, The Individual Acting On Its Behalf, And Who Is Authorised To Act On Behalf Of The Entity And Bind The Entity To These Terms.
- The Headings Of Each Section In These Terms Are Only For The Purpose Of Organizing The Various Provisions Under These Terms In An Orderly Manner, And Shall Not Be Used By Either Party To Interpret The Provisions Contained Herein In Any Manner. Further, It Is Specifically Agreed To By The Parties That The Headings Shall Have No Legal Or Contractual Value.
- The Use Of The Website By The Vendor Is Solely Governed By These Terms, And Any Modifications Or Amendments Made Thereto By The COMPANY From Time To Time, At Its Sole Discretion. Using The Platform Provided On The Website To Facilitate The Sale Of Any Service Of The Vendor (“Service”), Shall Be Deemed To Signify The Vendor’s Unequivocal Acceptance Of These Terms, And The Vendor Expressly Agrees To Be Bound By The Same.
- The Vendor Unequivocally Agrees That These Terms Constitute A Legally Binding Agreement Between The Vendor And The COMPANY, And That The Vendor Shall Be Subject To The Rules, Guidelines, Policies, Terms, And Conditions Applicable To Any Service That Is Provided By The Website, And That The Same Shall Be Deemed To Be Incorporated Into These Terms, And Shall Be Treated As Part And Parcel Of The Same. The Vendor Acknowledges And Agrees That No Signature Or Express Act Is Required To Make These Terms Binding On The Vendor, And That The Vendor’s Act Of Using The Website Or Any Part Of The Services Therein To Sell Or Advertise The Sale Of Any Service Constitutes The Vendor’s Full And Final Acceptance Of These Terms.
- ACCEPTANCE OF TERMS
- These Terms Form An Electronic Contract That Establishes Legally Binding Terms That The Vendor Must Accept To Use The Service Provided Through The Website. These Terms Include By Reference Any Other Terms Disclosed And Agreed To By The Vendor In The Event The Vendor Purchases Or Accepts Additional Features, Services In Addition To The Service, Including But Not Limited To Terms Governing Features, Billing, Free Trials, Discounts, Promotions, Preferential Positioning, Etc.
- The Vendor Is Aware And Agrees That The COMPANY Reserves The Sole And Exclusive Right To Amend Or Modify These Terms Without Any Prior Permission Or Intimation To The Vendor, And The Vendor Expressly Agrees That Any Such Amendments Or Modifications Shall Come Into Effect Immediately. The Vendor Has A Duty To Periodically Check The Terms And Stay Updated On Its Requirements. If The Vendor Continues To Use The Website Following Such A Change, The Vendor Will Be Deemed To Have Consented To Any And All Amendments / Modifications Made To The Terms. In So Far As The Vendor Complies With These Terms, The Vendor Is Granted A Personal, Non-exclusive, Non-transferable, Revocable, Limited Privilege To Access And Use The Website To Sell And Advertise The Sale Of Services.
- ELIGIBILITY
- The Vendor Represents And Warrants That He/she Is Competent And Eligible To Enter Into Legally Binding Agreements And That He/she Has The Requisite Authority To Bind Himself/herself To These Terms, As Determined Solely By The Provisions Of The Indian Contract Act, 1872. The Vendor May Not Use The Website If He/she Is Not Competent To Contract Under The Indian Contract Act, 1872, Or Is Disqualified From Doing So By Any Other Applicable Law, Rule, Regulation Or Judicial Verdict Currently In Force.
- In The Event Of The Vendor Being An Entity, The Individual Acting On The Entity's Behalf Represents And Warrants That He/she Is Authorised To Act On Behalf Of The Entity And Bind The Entity To These Terms, And Also That The Entity Is In Compliance With Any And All Rules, Regulation And Statues Applicable To It, And That It Has All Requisite Permissions And Licenses Required For Its Operations.
- Furthermore, It Is Mandatory For Vendors To Register Themselves On The Website.
- CREATION OF AN ACCOUNT
In Order To Use Service, The Vendor Is First Register Through The Website: Www.kwickneeds.com, And Then They May Link Their Bank Account Details, Where Money Can Be Transferred Online Straight Into The Bank Accounts Of The Vendors/seller From The Website Payment Accounts, Or Seller Can Opt For Manual Payment.
- TERM AND TERMINATION
These Terms Will Remain In Full Force And Effect While The Vendor Avails Of The Service And/or Is In Possession Of An Active Account. The Vendor Is Aware That The COMPANY May Terminate Or Suspend The Vendor’s Account At Any Time, Without Cause Or Notice, If The COMPANY Believes That The Vendor Has Breached The Terms, Or For Any Other Reason, In Its Sole Discretion, Whether Or Not Such Action Is Instigated By Complaints From The Users Of The Website. The Vendor Is Further Aware And Expressly Agrees That Even After The Vendor’s Account Is Terminated For Any Reason, These Terms Shall Survive Such Termination, And Continue To Operate In Full Force And Effect, Except For Any Terms That By Their Nature Expire Or Are Fully Satisfied.
- ACCOUNT SECURITY
The Vendor Is Responsible For Maintaining The Confidentiality Of The Vendor's Username And Password, Assigned To The Vendor During The Registration Process, And The Vendor Is Solely Responsible For All Activities That Occur Under The Vendor’s Username And Password, Including But Not Limited To Listing / Delisting Of Services, Modifications To Prices Listed For Said Services And Communication With Users Of The Website. The Vendor Agrees To Immediately Notify The COMPANY Of Any Disclosure Or Unauthorized Use Of The Vendor’s Username Or Password, Or Any Other Breach Of Security With Respect To The Vendor’s Account, And Also To Ensure That The Vendor Logs Out From The Account At The End Of Each Session.
- ROLE OF THE COMPANY & WEBSITE
- The Vendor Acknowledges And Agrees That The COMPANY Merely Provides A Platform For The Vendor To List Services For Sale To The Users Of The Website, And Collects Amounts On Behalf Of The Vendor Arising Out Of The Sale Of Such Services. The Services Provided By The COMPANY Can Be Availed Of By The Vendor By Choosing Either The Gold Or The Silver Package. The Validity Of The Package Shall Be For A Period Of 12 Months. In Order To Discontinue The Services Provided By The COMPANY, The Vendor Shall Cancel The Package Atleast 15 Days Before Expiry Of The Package. Failure To Do So Shall Automatically Renew The Package For Another 12 Months And The Vendor Shall Have To Pay The Fee For Those 12 Months As Well. Further The Amount Paid By The Vendor For The Package Availed Of Shall Be Non-refundable And Under No Circumstances Shall The COMPANY Refund The Amount To The Vendor.
- The COMPANY Will Advertise And Promote The Vendor’s Services On The Website At Regular Intervals That Shall Be Decided By The COMPANY. The Vendor Shall Be Solely Responsible For The Sale Of The Services To The Buyers During Their Visit To The Website Store And The COMPANY Has Nothing To Do With The Same.
- The Vendor Shall Be Solely Responsible For Payment Of Any And All Taxes On The Services Offered By Him/her On The Website, Including But Not Limited To, Sales Tax, GST And VAT. The Vendor Shall Also Be Responsible For And Agrees To Bear, Any Additional Cost Associated With Successful Execution Of Orders Placed On The Website, Including But Not Limited To, Travel Cost And Setting Up Cost.
- The Vendor Shall Be Paid Within 4 Working Days From The Date Of Order.
- INTERACTIONS WITH USERS OF THE WEBSITE
The Vendor Agrees And Acknowledges That The Vendor Is Solely Responsible For Any And All Interactions With Users Of The Website. The Vendor Understands That The COMPANY Does Not Conduct Any Criminal Background Checks Or Screenings On Any Of Its Users Or Vendors. The Vendor Is Further Aware That The COMPANY Also Does Not Attempt To Verify Or Validate The Information Provided By Its Users. The COMPANY Makes No Representations Or Warranties As To The Conduct Of Its Users, Or Their Interactions With The Vendor. The Vendor Is Solely Responsible For Any And All Interactions With Users Of The Website, And The Vendor Expressly Agrees And Acknowledges That The COMPANY Will Not Be Liable For The Same In Any Manner Whatsoever. The Vendor Agrees And Acknowledges That Users Of The Website May Rate The Vendor And May Also Write Reviews Relating To The Vendor And The Services Listed On The Website By The Vendor. The Vendor Is Aware That Some Of These Reviews May Not Be Flattering And May Affect The Future Sales Of The Vendor, However The Vendor Agrees That The COMPANY Will Be Under No Obligation To Remove Any Such Negative Reviews, Although The Vendor May Appeal To The COMPANY To Do The Same If The Vendor Feels That Such Review Is Unjustified Or Made With malafide Intent.
- INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS
- The Vendor Is Aware That The COMPANY Owns And Retains All Proprietary Rights In The Website And Service, And In All Content, Trademarks, Trade Names, Service Marks, Copyrights And Other Property Rights Related Thereto. The Website And Service Contain The Copyrighted Material, Trademarks, And Other Proprietary Information Of The COMPANY And Its Licensors, And The Vendor Agrees Not To Copy, Modify, Transmit, Create Any Derivative Works From, Make Use Of, Or Reproduce In Any Way Any Copyrighted Material, Trademarks, Trade Names, Service Marks, Or Other Intellectual Property Or Proprietary Information Accessible Through The Service, Without First Obtaining The Prior Written Consent Of The COMPANY, Or If Such Property Is Not Owned By The COMPANY, The Owner Of Such Intellectual Property Or Proprietary Rights. The Vendor Agrees To Not Remove, Obscure Or Otherwise Alter Any Proprietary Notices Appearing On Any Content, Including Copyright, Trademark And Other Intellectual Property Notices.
- The Vendor Is Aware That For The Purpose Of Availing Of The Service, The Vendor Will Be Required To Upload On The Website Images And Descriptions Of All Services The Vendor Wishes To Sell Through The Website. The Vendor Is Further Aware That The Same Will Be Visible To And Accessible By All Users Of And Visitors To The Website, And That The COMPANY Has No Control Over Their Actions, And Will Not Be Liable In Any Manner Should Any Such User Or Visitor Infringe On The Intellectual Property Of The Vendor By Accessing / Misusing / Copying / Using / Creating Derivative Works From Said Service Listings, And The Vendor Hereby Expressly Agrees That The COMPANY Shall Have Absolutely No Liability For The Same, And Further Agrees Not To Involve The COMPANY In Any Resulting Legal Proceedings, And Expressly Agrees To Indemnify The COMPANY And Reimburse The COMPANY For Any Expenses Incurred In This Respect.
- The Vendor Expressly Agrees And Accepts That The Intellectual Property Of The Vendor Is Required To Be Displayed On The Website In The Form Of Service Listings, And The Vendor Does Hereby Expressly Authorise The COMPANY And The Website To Use The Same In This Connection, And Also Expressly Agree To Continue To Allow The COMPANY To Do So, Without The COMPANY Ever Being Required To Pay Any Manner Of License, Fee Or Amount In This Respect, For Any Such Incidental Usage. The Vendor Further Agrees And Hereby Expressly Authorises The COMPANY To Continue To Display Said Service Listings Of The Vendor Even After The Vendor Has Stopped Supplying The Same, And Even If The Vendor Has Deleted The Account Assigned To The Vendor And Has Stopped Availing Of The Service. If The Vendor Does Not Agree To These Provisions, Then The Vendor Is Not Authorised To Use The Website Or Avail Of The Service.
- SERVICES LISTED BY THE VENDOR ON THE WEBSITE
- The Vendor Expressly Agrees That The Vendor Shall Honour Any And All Orders Successfully Placed, Whether Or Not Paid For In Advance, And Shall Directly Deliver The Service Within The Timeline Mentioned On The Website To The Address Provided By The Customer, While Placing An Order On The Website. The Vendor Shall Ensure That The Service Delivered To A Customer Shall Conform With The Service Description/ Photographs/quality Assurance As Displayed On The Website. The Vendor Agrees That In The Event Of Non-conformance, The Website Shall Not Be Responsible Or Liable In Any Manner And Agrees To Indemnify And Hold The Website, Its Officers, Agents And Employees Harmless From Any Loss, Claim Or Dispute That May Arise From The Non-conformance Of The Service To The Description, Quality Or Photographs On The Website.
- The Vendor Also Agrees To Honour All Blocking Requests Made By A Customer/User On The Website. If The Customer/User Blocks A Service On The Website, The Vendor Shall Ensure That The Service Blocked By The Customer/User Shall Be Available To The Customer/User For A Period Of Fifteen (15) Days To Place An Order For The Service.
- The Vendor Shall Not Be Authorised To Subsequently Refuse Delivery Of Services Purchased, Or Increase The Cost Thereof For Any Reason Whatsoever. The Vendor Further Agrees To Honour Any And All Orders Placed By Users Of The Website Even If Such Order Has Been Placed Against An Item Listed At An Incorrect Price, And Even If The Vendor Is No Longer In Possession Of Such Item. In The Event That The Vendor Is Unable To Deliver A Service, The Vendor Does Hereby Expressly Agree To Compensate The COMPANY With An Amount That May Extend To 3 (three) Times The Listed Value Of The Service In Question.
- The Vendor Shall Abide By The Cancellation Policy Of The Website And Have A Similar Policy Of Its Own, While Catering To The Orders Placed By Customers Through The Website. For Any Returns Or Exchanges, Customers Shall Be Made Aware That The Vendor’s Policy Regarding Returns Or Exchanges Shall Apply. The Website Shall Not Be Involved Or Responsible For Such Requests Or Transactions.
- The Vendor Acknowledges And Agrees To Be Solely Responsible For The Content And Information Posted, Uploaded, Published, Linked To, Transmitted, Recorded, Displayed Or Otherwise Made Available (“Post”) On The Website Or Transmitted To Other Users, Including But Not Limited To Item Listings On The Website And Communication With Users Of The Website, Whether Publicly Posted Or Privately Transmitted. The Vendor May Not Post As Part Of The Service, Or Transmit To The COMPANY Or To Any User Of The Website, Any Offensive, Inaccurate, Incomplete, Abusive, Obscene, Profane, Threatening, Intimidating, Harassing, Racially Offensive, Or Illegal Material, Or Any Material That Infringes Or Violates Another Person’s Rights (including Intellectual Property Rights, And Rights Of Privacy And Publicity). The Vendor Represents And Warrants That (i) All Information That The Vendor Submits Upon Creation Of The Account Is Accurate And Truthful, And That The Vendor Will Promptly Update Any Information That Subsequently Becomes