Terms of service
AVEER ECOMM PVT LTD
Terms OF Service
This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder and as the same may be amended from time to time. Being a system generated electronic record, it does not require any physical or digital signature.
Greetings from www.quirkyperks.in(“Website”). The Website is owned by Aveer Ecomm Private Limited, and having its registered address at 2nd floor yash building, Gujarat. (“Quirky Perks” or “we” or “our”).
If you use the Website, you are required to first carefully read as well as fully understand the following Website related terms and conditions (“Terms of Use”) which are applicable when you view/access/use (collectively “use” or “using”) the Website from any computer, computer device or mobile. Please also carefully and fully understand read our Privacy Policy available at the link (“Privacy Policy”), which is incorporated in these Terms of Use by reference.
If, for any reason, you do not agree to these Terms of Use, Privacy Policy and/or other Website guidelines and policies (Website guidelines and policies collectively referred to as “Other Policies”) as communicated to you when you use the Website or wish to be bound by any of them, please do not use the Website in any way whatsoever. By using the Website, you have indicated to us that you acknowledge, understand as well as fully agree, to be bound by these Terms of Use, Privacy Policy and all Other Policies, irrespective whether you register with the Website or not.
As long as you adhere to the Terms of Use, Privacy Policy and Other Policies, we grant you a personal, revocable, non-exclusive, non-transferable and limited right and license to use the Website.
- Acceptance of Terms, etc
a. These Terms of Use is in the form of an electronic and legally binding contract that establishes the terms and conditions you have accepted before using the Website. These include our Privacy Policy and Other Policies as mentioned in these Terms of Use as well as other specific policies and terms and conditions disclosed to you, in case you avail any subscription or any additional features, products or services we offer on or through the Website, whether free or otherwise, including but not limited to terms governing features, billing, free trials, discounts, promotions, refunds, cancellations and shipping. By using the Website, you hereby unconditionally consent and accept to these Terms, Privacy Policy and such Other Policies. To withdraw such consent, you must immediately cease using the Website and terminate your account, if any, with us. You are requested to keep a physical copy of these Terms of Use and all other referred policies herein for your records.
b. Every time you use the Website, you confirm your express agreement with our Terms of Use, Privacy Policy and Other Policies. -
AVEER ECOMM PVT LTD
Terms OF Service
This document is an electronic record in terms of the Information
Technology Act, 2000 and rules made thereunder and as the same may be
amended from time to time. Being a system generated electronic record,
it does not require any physical or digital signature.Greetings from www.quirkyperks.in(“Website”). The Website is owned
by Aveer Ecomm Private Limited, and having its registered address at 2nd
floor yash building, Gujarat. (“Quirky Perks” or “we” or “our”).If you use the Website, you are required to first carefully read as well
as fully understand the following Website related terms and conditions
(“Terms of Use”) which are applicable when you view/access/use
(collectively “use” or “using”) the Website from any computer, computer
device or mobile. Please also carefully and fully understand read our
Privacy Policy available at the link (“Privacy Policy”), which is
incorporated in these Terms of Use by reference.If, for any reason, you do not agree to these Terms of Use, Privacy
Policy and/or other Website guidelines and policies (Website guidelines
and policies collectively referred to as “Other Policies”) as
communicated to you when you use the Website or wish to be bound by any
of them, please do not use the Website in any way whatsoever. By using
the Website, you have indicated to us that you acknowledge, understand
as well as fully agree, to be bound by these Terms of Use, Privacy
Policy and all Other Policies, irrespective whether you register with
the Website or not.As long as you adhere to the Terms of Use, Privacy Policy and Other
Policies, we grant you a personal, revocable, non-exclusive,
non-transferable and limited right and license to use the Website.Acceptance of Terms, etc a. These Terms of Use is in the form of an
electronic and legally binding contract that establishes the terms and
conditions you have accepted before using the Website. These include our
Privacy Policy and Other Policies as mentioned in these Terms of Use as
well as other specific policies and terms and conditions disclosed to
you, in case you avail any subscription or any additional features,
products or services we offer on or through the Website, whether free or
otherwise, including but not limited to terms governing features,
billing, free trials, discounts, promotions, refunds, cancellations and
shipping. By using the Website, you hereby unconditionally consent and
accept to these Terms, Privacy Policy and such Other Policies. To
withdraw such consent, you must immediately cease using the Website and
terminate your account, if any, with us. You are requested to keep a
physical copy of these Terms of Use and all other referred policies
herein for your records. b. Every time you use the Website, you confirm
your express agreement with our Terms of Use, Privacy Policy and Other
Policies. Quirky Perks holds the right to post any
personalised/customised items images on all social media platforms.
Customer has to let us know prior or while placing the order to not post
about it. No content from social media platforms will be deleted.
Eligibility a. Use of the Website is available only to persons who can
form legally binding contracts under Indian Contract Act, 1872 and who
have attained a minimum age of 16 (sixteen) years. By using the Website,
you represent and warrant that you are at least 16 (sixteen) years of
age. As a minor if you wish to use or make any transaction on the
Website, such use or transaction may be made by you through your parents
or legal guardian. We reserve the right to terminate your membership
and/or refuse to provide you with access to the Website if it is brought
to our notice or if it is discovered that you are under the age of 16
(sixteen) years. b. By using the Website, you hereby represent and
warrant to us that you have all right, authority and capacity to enter
into these Terms of Use and to abide by all of the terms and
conditions there of. c. Unless otherwise specified, the various products
showcased on the Website are currently offered for sale in India only.
We make no representation that such products will be sold or delivered
in any other jurisdiction. Those who choose to access the Website from
outside India can do so on their own account and we shall not be
responsible for any circumstances there of. Creating an Account a. In
order to use all the features of the Website, you must register yourself
with the Website. If you do not wish to register, all of the Website
features may not be available to you. When using the Website you
authorize us to access and use certain account information of yours,
including but not limited to your profile information your interests and
dislikes and other information as detailed under our Privacy Policy. For
more information regarding the type/nature of information we collect
from you and how we use it, please refer our Privacy Policy at the link.
b. You shall be responsible for maintaining the utmost privacy and
confidentiality of your membership and account details you provide to us
or on the Website and the same must always be kept private and
confidential and should not be disclosed to or permitted to be used by
anyone else and you are solely responsible and liable for any and all
usage and activity on the Website that takes place under your account.
You agree to immediately notify us of any disclosure or unauthorized use
of your Website account details or any other breach of security at and
ensure that you successfully log-out from your Website account at the
end of each session. Further, you agree that if you provide any
information that is untrue, incomplete, inaccurate, or not updated or we
have reasonable grounds to suspect that such information is untrue,
incomplete, inaccurate or not updated, or not in accordance with this
Terms of Use, we shall have the right to temporarily suspend or
permanently terminate your Website membership/access. c. By agreeing to
these Terms of Use, you grant us the permission to send electronic
communications to you as part of our offering. This includes but is not
limited to sending emails, newsletters and promotional offers from us
and our partner websites. Should you no longer wish to receive these
electronic communications, you may write to us at. Proprietary Rights a.
You confirm and agree that we and/or our vendor partners are the owners
of the proprietary information made available to you through the Website
and hereby retain all proprietary rights in the same. b. We may
upload/publish/post any copyrighted information and materials on the
Website, whether having copyright protection or not and whether bearing
any trademark or not, or which may be identified as copyright or a
trademark. You undertake not to post, copy, reproduce, manufacture,
modify, publish, transmit, distribute, perform, display, commercially
use/exploit, sell or use such information or materials in any way,
whether partly or fully, and for any purpose whatsoever. c. By posting
information or content to any permitted area of the Website, or making
it accessible to us by linking your account to any social network
accounts (e.g. via Facebook, etc.), you grant us unconditionally and in
perpetuity, and represent and warrant that you have the right to grant
to us, an irrevocable, perpetual, non-exclusive,
fully-paid/royalty-free, worldwide right and license to use, reproduce,
store, publicly display and distribute such information and content, and
to prepare derivative works of, or incorporate into other works, such
information and content, and to grant and authorize sub-licenses of the
foregoing anywhere in the world. From time to time, we may modify, add
or vary existing features or programs of the Website or create, add,
test or implement new features or programs on the Website in which you
may voluntarily choose to participate or may be a part of a test group
with special access, in accordance with the additional terms and
conditions of such features or programs. By participating in such
features or programs, you grant us an unconditional and perpetual right
and consent to the terms and conditions (if any) of such features or
programs which will be in addition to these Terms of Use. Website
Charges Membership on the Website is free. Quirky Perks does not charge
any fee for browsing and making any purchase from the Website.
However, Quirky Perks expressly reserves its right to levy a fee from
time to time. If any such fee is levied, Quirky Perks will post the
same on the Website and such fees shall automatically become effective
immediately after they are posted on the Website. Unless otherwise
stated, all fees shall be quoted in Indian Rupees. You shall be solely
responsible for compliance of all applicable laws for making payments
to Quirky Perks . Prohibited Activities Quirky Perks reserves its right
to investigate, suspend and/or terminate, whether temporarily or
permanently, your Website account if you undertake any of the following
acts: breach these Terms of Use, Privacy Policy or Other Policies;
abuse, impersonate or defame any Website user or any other person,
entity or any religious community; displaying, publishing, transmitting
or sharing, if permitted to do so by Quirky Perks , any information or
content that is grossly harmful, harassing, blasphemous, defamatory,
obscene, pornographic, paedophilic, libellous, 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; displaying, publishing,
transmitting or sharing any information or content that is misleading in
any way; use the Website for any commercial use or activity not
expressly permitted under these Terms of Use; “stalk” or otherwise
harass any Website user or any other person; make any statements,
whether expressed or implied, and whether privately or publicly, as
those endorsed by us without our specific prior written consent; use the
Website in an illegal manner or commit an illegal act or use the Website
not expressly authorized by us; making use of any information or content
from the Website that or violates or infringes or of any third party’s
rights (including, but not limited to, intellectual property rights,
rights of privacy or rights of publicity); use any robot, spider, tool,
site search/retrieval application, or other manual or automatic device
or process to retrieve, index, “data mine”, or in any way reproduce or
circumvent the navigational structure or presentation of the Website;
collect any personal information, including contact details, of any
Website users by electronic or any other means and for any purpose, not
expressly permitted under these Terms of Use; send any unsolicited email
or any other communication in any way whatsoever not expressly permitted
under these Terms of Use; undertake any unauthorized framing of or
linking to the Website or “frame” or “mirror” any part of the Website,
without our prior written authorization; interfere with, obstruct,
destroy or disrupt the Website or the servers or networks connected to
the Website, whether partly or fully and whether permanently or
temporarily; email or otherwise transmit any content or material that
contains software viruses, malware, spyware or any other computer code,
files or programs designed to interrupt, destroy, disrupt or limit the
functionality of the Website or of any computer software or hardware or
telecommunications equipment connected with the Website; use meta tags
or code or programs or other devices, tools or technology containing any
reference to us or the Website (or any trademark, trade name, service
mark, logo or slogan of ours or any Website user) to direct any person
to any other website for any purpose; or directly or indirectly modify,
adapt, sublicense, translate, sell, reverse engineer, decipher,
decompile or otherwise disassemble any portion of the Website. Content
Posted by You a. You are solely responsible for any and all content or
information (collectively, “Content”) that you post, upload, share,
publish, link to, transmit, record, display or otherwise make available
(hereinafter, “post”) on the Website or transmit to other Website users,
if permitted to do so by us. b. We do not verify the accuracy or truth
of any Content you post on or through the Website. We are not the
publisher of such Content and only provide you with a technology
platform to facilitate the Website users to post such Content. We assume
no responsibility or liability of any sort for providing a technology
platform to our Website users to facilitate them to post their Content.
To protect the integrity of the Website, we reserve the right to
exercise editorial control over your Content, including the right to
delete such Content and block any user from accessing the Website,
whether temporarily or permanently. c. You shall not post on the Website
or to any other Website user, any offensive, inaccurate, incomplete,
inappropriate, abusive, obscene, profane, threatening, intimidating,
harassing, racially offensive, or illegal Content that infringes or
violates ours or any person’s rights (including intellectual property
rights, and rights of privacy and publicity). d. You represent and
warrant that (i) all information and Content that you submit upon
creation of your Website account is accurate and truthful and that you
will promptly update any information provided by you that subsequently
becomes inaccurate, incomplete, misleading or false and (ii) you have
the right to post the Content on the Website and grant the licenses as
agreed in these Terms of Use. e. By posting Content on the Website, you
automatically grant us and to our affiliates, licensees and successors,
an irrevocable, perpetual, non-exclusive, transferable, sub-licensable,
fully paid-up/royalty-free, worldwide right and license to (i) use,
copy, store, perform, display, reproduce, record, play, adapt, modify
and distribute the Content, (ii) create derivative works of the Content
or incorporate the Content into other works, and (iii) grant and
authorize sublicenses of the foregoing in any media now known or
hereafter created. You represent and warrant that any posting and use of
your Content by us will not infringe or violate the rights of any third
party. f. Your use of the Website, including all Content you post, must
comply with all applicable laws and regulations. You shall not post,
upload, modify, display, publish, transmit, update, share or otherwise
make available Content that violates any applicable law of these Terms
of Use. g. We assume no responsibility or liability for any deletion of
or failure to store any of your Content. Disclaimer of Warranty We may
edit, delete or modify any of the terms and conditions contained in this
agreement, at any time and in our sole discretion, by posting a notice
or a new agreement on our site. Your continued participation in our
program, visit and shopping on our site following our posting of a
change notice or a new agreement on our site will constitute binding
acceptance of the change. Legal Grievances/ Matters: The Client/Customer
shall hereby submit to the jurisdiction of the courts situated at Surat,
Gujarat, India for the purpose of actions and proceedings arising out of
these Terms and Conditions and the courts at Surat, Gujarat, India shall
have the sole jurisdiction to hear and decide such actions and
proceedings.Acknowledgment of Rights a. To the maximum extent permitted by
applicable law. we have provided the Website on an “AS IS” and “AS
AVAILABLE” and “BEST EFFORTS” basis and grant no warranties of any kind,
whether express, implied, direct, indirect, statutory or otherwise with
respect to the website or the result of the website (including all
information and content contained therein), including any implied
warranties of correctness, validity, accuracy, appropriateness, fitness,
merchant ability or compatibility for a particular purpose or outcome or
non-infringement. We do not warrant that the use of the Website will
always be secured, uninterrupted, available, error-free or will meet
your requirements or expectations, or that any defects in the Website or
in the products offered from the Website will be corrected. We disclaim
liability for, and no warranty is made with respect to, the connectivity
and availability of the Website at all times and the results of the use
of the Website. b. Opinions, advice, statements, offers, or other
information or content made available through the Website, but not
directly by us, are those of the respective Website users, and should
not necessarily be relied upon. Such users are solely responsible for
such content. We do not (i) guarantee the accuracy, completeness or
usefulness of any information provided on the Website, or (ii) adopt,
endorse or accept responsibility for the accuracy or reliability of any
opinion, advice, or statement made by any party other than us. c. From
time to time, we may offer new features or tools which our Website users
may experiment or experience. Such features or tools are offered solely
for experimental purposes and without any warranty of any kind, and may
be modified or discontinued at our sole discretion. The provisions of
this Disclaimer of Warranty clause shall apply with full force to such
features and tools. d. We accept no responsibility for any damage, loss,
liabilities, injury or disappointment incurred or suffered by you as a
result of the use or non-use of the Website.Limitation of Liability To the maximum extent permitted by applicable
holds the right to post any personalised/customised items images on all social media platforms. Customer has to let us know prior or while placing the order to not post about it. No content from social media platforms will be deleted.
law, in no event will we be liable for any incidental, special,
consequential or indirect damages arising out of or relating to the use
or inability to use the website, result of using the website including,
without limitation, damages for recommendation of the website, loss or
corruption of data or programs, service interruptions and procurement of
substitute services, even if we know or have been advised of the
possibility of such damages. To the maximum extent permitted by
applicable law, under no circumstances will we be liable for any
liquidated or punitive damages in connection with the use or non-use of
the website, including without limitation, bodily injury, emotional
distress, financial loss and/or any other damages resulting from
therefrom. Indemnification You agree to indemnify, defend and hold
harmless Quirky Perks and its affiliates and subsidiaries and each of
their officers, directors, employees, agents, consultants, partner sites
and related third parties, from and against any and all losses, claims,
costs, liabilities and expenses (including reasonable attorneys’ fees)
relating to or arising out of your use of the Website, including but not
limited to (i) any violation by you of these Terms of Use, or (ii) any
action arising from the content that you publish/post on the Website
that infringes the intellectual property rights (e.g. copyright, trade
secrets, trademark or patent) of any third party, or (iii) any content
or communication that denigrates, libels or invades the privacy right of
any third party. We reserve the right, at our own cost, to assume the
exclusive defence and control of any matter otherwise subject to
indemnification by you, and you will co-operate fully in asserting any
available defences in such case. Product Pricing and Description The
product price displayed on our Website represents the full retail price
listed for the product itself. Such list price is a comparative price
estimate and may or may not represent the prevailing price in every area
on any particular day. For certain products that are offered as a set,
the list price may represent an “open-stock” price, which means the
aggregate of the estimated or suggested retail price for each of the
products included in the set. Where a product is offered for sale by us,
the list price will be provided by us. In cases of mispriced products in
our catalogues where a product’s correct price is higher than our listed
price, we will, at our discretion, either contact you for instructions
before shipping or cancelling your order and notify you of such
cancellation. We do not warrant that product descriptions or other
content on this Website is accurate, complete, reliable, current, or
error-free. If a product offered on our Website is not as described,
your sole remedy is to return it in unused condition as per our Returns
& Exchange policy as per Clause 14 here of. Payments Quirky Perks uses
third party payment gateways for processing payment of all orders from
the Website. Quirky Perks is not responsible for any delays or
cancellation of orders due to any payment related issues. As we do not
control such third party’s technology, platforms, systems and processes,
we cannot be held liable or responsible for any error or fault at the
end of such third party payment gateway service providers. We accept
payments for product orders placed on the Website through any of the
following modes: • Bank transfer – debit card or credit card • Any other
modes accepted? No You will not open the product package without making
the payment at the time of delivery. If done so then the delivery will
be deemed to be accepted by you and will not be eligible for
cancellation, refund or exchange. If the product or packaging has been
tampered with, please do not accept delivery of the order. No
credit/debit cards will be accepted at the time of delivery under the
COD method. Quirky Perks prior to the acceptance of any order. Invoices
are due and payable within the time period noted on the applicable
invoice, calculated from the date of the invoice. Quirky Perks has all
the discretion to cancel or deny any orders. Quirky Perks is not
responsible for any pricing, typographical or other error concerning the
products and reserves the right to cancel any orders arising from any
such errors. - Eligibility
a. Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872 and who have attained a minimum age of 16 (sixteen) years. By using the Website, you represent and warrant that you are at least 16 (sixteen) years of age. As a minor if you wish to use or make any transaction on the Website, such use or transaction may be made by you through your parents or legal guardian. We reserve the right to terminate your membership and/or refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 16 (sixteen) years.
b. By using the Website, you hereby represent and warrant to us that you have all right, authority and capacity to enter into these Terms of Use and to abide by all of the terms and conditions there of.
c. Unless otherwise specified, the various products showcased on the Website are currently offered for sale in India only. We make no representation that such products will be sold or delivered in any other jurisdiction. Those who choose to access the Website from outside India can do so on their own account and we shall not be responsible for any circumstances there of. - Creating an Account
a. In order to use all the features of the Website, you must register yourself with the Website. If you do not wish to register, all of the Website features may not be available to you. When using the Website you authorize us to access and use certain account information of yours, including but not limited to your profile information your interests and dislikes and other information as detailed under our Privacy Policy. For more information regarding the type/nature of information we collect from you and how we use it, please refer our Privacy Policy at the link.
b. You shall be responsible for maintaining the utmost privacy and confidentiality of your membership and account details you provide to us or on the Website and the same must always be kept private and confidential and should not be disclosed to or permitted to be used by anyone else and you are solely responsible and liable for any and all usage and activity on the Website that takes place under your account. You agree to immediately notify us of any disclosure or unauthorized use of your Website account details or any other breach of security at and ensure that you successfully log-out from your Website account at the end of each session. Further, you agree that if you provide any information that is untrue, incomplete, inaccurate, or not updated or we have reasonable grounds to suspect that such information is untrue, incomplete, inaccurate or not updated, or not in accordance with this Terms of Use, we shall have the right to temporarily suspend or permanently terminate your Website membership/access.
c. By agreeing to these Terms of Use, you grant us the permission to send electronic communications to you as part of our offering. This includes but is not limited to sending emails, newsletters and promotional offers from us and our partner websites. Should you no longer wish to receive these electronic communications, you may write to us at. - Proprietary Rights
a. You confirm and agree that we and/or our vendor partners are the owners of the proprietary information made available to you through the Website and hereby retain all proprietary rights in the same.
b. We may upload/publish/post any copyrighted information and materials on the Website, whether having copyright protection or not and whether bearing any trademark or not, or which may be identified as copyright or a trademark. You undertake not to post, copy, reproduce, manufacture, modify, publish, transmit, distribute, perform, display, commercially use/exploit, sell or use such information or materials in any way, whether partly or fully, and for any purpose whatsoever.
c. By posting information or content to any permitted area of the Website, or making it accessible to us by linking your account to any social network accounts (e.g. via Facebook, etc.), you grant us unconditionally and in perpetuity, and represent and warrant that you have the right to grant to us, an irrevocable, perpetual, non-exclusive, fully-paid/royalty-free, worldwide right and license to use, reproduce, store, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing anywhere in the world. From time to time, we may modify, add or vary existing features or programs of the Website or create, add, test or implement new features or programs on the Website in which you may voluntarily choose to participate or may be a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs. By participating in such features or programs, you grant us an unconditional and perpetual right and consent to the terms and conditions (if any) of such features or programs which will be in addition to these Terms of Use. - Website Charges
Membership on the Website is free. Quirky Perks does not charge any fee for browsing and making any purchase from the Website. However,Quirky Perks expressly reserves its right to levy a fee from time to time. If any such fee is levied, Quirky Perks will post the same on the Website and such fees shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws for making payments to Quirky Perks. - Prohibited Activities
Quirky Perks reserves its right to investigate, suspend and/or terminate, whether temporarily or permanently, your Website account if you undertake any of the following acts: - breach these Terms of Use, Privacy Policy or Other Policies;
- abuse, impersonate or defame any Website user or any other person, entity or any religious community;
- displaying, publishing, transmitting or sharing, if permitted to do so by Quirky Perks, any information or content that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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;
- displaying, publishing, transmitting or sharing any information or content that is misleading in any way;
- use the Website for any commercial use or activity not expressly permitted under these Terms of Use;
- “stalk” or otherwise harass any Website user or any other person;
- make any statements, whether expressed or implied, and whether privately or publicly, as those endorsed by us without our specific prior written consent;
- use the Website in an illegal manner or commit an illegal act or use the Website not expressly authorized by us;
- making use of any information or content from the Website that or violates or infringes or of any third party’s rights (including, but not limited to, intellectual property rights, rights of privacy or rights of publicity);
- use any robot, spider, tool, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Website;
- collect any personal information, including contact details, of any Website users by electronic or any other means and for any purpose, not expressly permitted under these Terms of Use;
- send any unsolicited email or any other communication in any way whatsoever not expressly permitted under these Terms of Use;
- undertake any unauthorized framing of or linking to the Website or “frame” or “mirror” any part of the Website, without our prior written authorization;
- interfere with, obstruct, destroy or disrupt the Website or the servers or networks connected to the Website, whether partly or fully and whether permanently or temporarily;
- email or otherwise transmit any content or material that contains software viruses, malware, spyware or any other computer code, files or programs designed to interrupt, destroy, disrupt or limit the functionality of the Website or of any computer software or hardware or telecommunications equipment connected with the Website;
- use meta tags or code or programs or other devices, tools or technology containing any reference to us or the Website (or any trademark, trade name, service mark, logo or slogan of ours or any Website user) to direct any person to any other website for any purpose; or
- directly or indirectly modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website.
- Content Posted by You
a. You are solely responsible for any and all content or information (collectively, “Content”) that you post, upload, share, publish, link to, transmit, record, display or otherwise make available (hereinafter, “post”) on the Website or transmit to other Website users, if permitted to do so by us.
b. We do not verify the accuracy or truth of any Content you post on or through the Website. We are not the publisher of such Content and only provide you with a technology platform to facilitate the Website users to post such Content. We assume no responsibility or liability of any sort for providing a technology platform to our Website users to facilitate them to post their Content. To protect the integrity of the Website, we reserve the right to exercise editorial control over your Content, including the right to delete such Content and block any user from accessing the Website, whether temporarily or permanently.
c. You shall not post on the Website or to any other Website user, any offensive, inaccurate, incomplete, inappropriate, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal Content that infringes or violates ours or any person’s rights (including intellectual property rights, and rights of privacy and publicity).
d. You represent and warrant that (i) all information and Content that you submit upon creation of your Website account is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false and (ii) you have the right to post the Content on the Website and grant the licenses as agreed in these Terms of Use.
e. By posting Content on the Website, you automatically grant us and to our affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid-up/royalty-free, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) create derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your Content by us will not infringe or violate the rights of any third party.
f. Your use of the Website, including all Content you post, must comply with all applicable laws and regulations. You shall not post, upload, modify, display, publish, transmit, update, share or otherwise make available Content that violates any applicable law of these Terms of Use.
g. We assume no responsibility or liability for any deletion of or failure to store any of your Content. - Disclaimer of Warranty
We may edit, delete or modify any of the terms and conditions contained in this agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. Your continued participation in our program, visit and shopping on our site following our posting of a change notice or a new agreement on our site will constitute binding acceptance of the change. - Legal Grievances/ Matters: The Client/Customer shall hereby submit to the jurisdiction of the courts situated at Surat, Gujarat, India for the purpose of actions and proceedings arising out of these Terms and Conditions and the courts at Surat, Gujarat, India shall have the sole jurisdiction to hear and decide such actions and proceedings.
Acknowledgment of Rights
a. To the maximum extent permitted by applicable law. we have provided the Website on an “AS IS” and “AS AVAILABLE” and “BEST EFFORTS” basis and grant no warranties of any kind, whether express, implied, direct, indirect, statutory or otherwise with respect to the website or the result of the website (including all information and content contained therein), including any implied warranties of correctness, validity, accuracy, appropriateness, fitness, merchant ability or compatibility for a particular purpose or outcome or non-infringement. We do not warrant that the use of the Website will always be secured, uninterrupted, available, error-free or will meet your requirements or expectations, or that any defects in the Website or in the products offered from the Website will be corrected. We disclaim liability for, and no warranty is made with respect to, the connectivity and availability of the Website at all times and the results of the use of the Website.
b. Opinions, advice, statements, offers, or other information or content made available through the Website, but not directly by us, are those of the respective Website users, and should not necessarily be relied upon. Such users are solely responsible for such content. We do not (i) guarantee the accuracy, completeness or usefulness of any information provided on the Website, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than us.
c. From time to time, we may offer new features or tools which our Website users may experiment or experience. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at our sole discretion. The provisions of this Disclaimer of Warranty clause shall apply with full force to such features and tools.
d. We accept no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by you as a result of the use or non-use of the Website.
- Limitation of Liability
To the maximum extent permitted by applicable law, in no event will we be liable for any incidental, special, consequential or indirect damages arising out of or relating to the use or inability to use the website, result of using the website including, without limitation, damages for recommendation of the website, loss or corruption of data or programs, service interruptions and procurement of substitute services, even if we know or have been advised of the possibility of such damages. To the maximum extent permitted by applicable law, under no circumstances will we be liable for any liquidated or punitive damages in connection with the use or non-use of the website, including without limitation, bodily injury, emotional distress, financial loss and/or any other damages resulting from therefrom. - Indemnification
You agree to indemnify, defend and hold harmless Quirky Perks and its affiliates and subsidiaries and each of their officers, directors, employees, agents, consultants, partner sites and related third parties, from and against any and all losses, claims, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Website, including but not limited to (i) any violation by you of these Terms of Use, or (ii) any action arising from the content that you publish/post on the Website that infringes the intellectual property rights (e.g. copyright, trade secrets, trademark or patent) of any third party, or (iii) any content or communication that denigrates, libels or invades the privacy right of any third party. We reserve the right, at our own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you will co-operate fully in asserting any available defences in such case. - Product Pricing and Description
The product price displayed on our Website represents the full retail price listed for the product itself. Such list price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain products that are offered as a set, the list price may represent an “open-stock” price, which means the aggregate of the estimated or suggested retail price for each of the products included in the set. Where a product is offered for sale by us, the list price will be provided by us. In cases of mispriced products in our catalogues where a product’s correct price is higher than our listed price, we will, at our discretion, either contact you for instructions before shipping or cancelling your order and notify you of such cancellation.
We do not warrant that product descriptions or other content on this Website is accurate, complete, reliable, current, or error-free. If a product offered on our Website is not as described, your sole remedy is to return it in unused condition as per our Returns & Exchange policy as per Clause 14 here of. - Payments
Quirky Perks uses third party payment gateways for processing payment of all orders from the Website. Quirky Perks is not responsible for any delays or cancellation of orders due to any payment related issues. As we do not control such third party’s technology, platforms, systems and processes, we cannot be held liable or responsible for any error or fault at the end of such third party payment gateway service providers.
We accept payments for product orders placed on the Website through any of the following modes:
• Bank transfer – debit card or credit card
• Any other modes accepted?
No - You will not open the product package without making the payment at the time of delivery. If done so then the delivery will be deemed to be accepted by you and will not be eligible for cancellation, refund or exchange.
- If the product or packaging has been tampered with, please do not accept delivery of the order.
- No credit/debit cards will be accepted at the time of delivery under the COD method.
- Quirky Perks prior to the acceptance of any order. Invoices are due and payable within the time period noted on the applicable invoice, calculated from the date of the invoice. Quirky Perks has all the discretion to cancel or deny any orders. Quirky Perks is not responsible for any pricing, typographical or other error concerning the products and reserves the right to cancel any orders arising from any such errors.